In re Rhodes

BUFFINGTON, District Judge.

In this case the adjudication took place December 20, 1898. The debt was not proven until March 9, 1900. The referee rejected such claim. Two grounds are now urged in support of his ruling: First, that the claim was not proved within a year of adjudication; second, that the claimant did not surrender his preference. Section 57n of the bankrupt act provides, “Claims shall not be proved against a bankrupt estate subsequent to one year after the adjudication.” This was not done, and not only so, hut the creditor then occupied a position where he could not prove his…