In re Rose

HUTCHESON, District Judge.

I am of the opinion that the record supports the referee’s conclusion denying reclamation, and that so much of his order as denies the reclamation claim should be affirmed.

It seems plain to me, however, that that part of his order which disallows proof as a general creditor is erroneous and must be set aside.

The doctrine of election has never been a favorite in equity, and is only applied with favor in eases where the elements of estoppel are present, or where there is such inconsistency in the two claims as that the assertion of both of them amounts to…