In re Negley
District Court, W.D. Pennsylvania
In Bankruptcy. Sur motion for an injunction to restrain proceedings at law. Oj . the second day of December, 1876, D. C. Negley filed his petition for s ijudication in bankruptcy. Among the creditors in his schedules appealed “H. C. Kelsey, Erie, Pennsylvania, dealer in ice,” for $1,510, on a promissory note dated May 1, 1876, at Pittsburgh, Pennsylvania, due November 4, 1876, drawn by the firm of Negley Bros. & Gi nningham, indorsed by R. II.
Read the full summary
In Bankruptcy. Sur motion for an injunction to restrain proceedings at law. Oj . the second day of December, 1876, D. C. Negley filed his petition for s ijudication in bankruptcy. Among the creditors in his schedules appealed “H. C. Kelsey, Erie, Pennsylvania, dealer in ice,” for $1,510, on a promissory note dated May 1, 1876, at Pittsburgh, Pennsylvania, due November 4, 1876, drawn by the firm of Negley Bros. & Gi nningham, indorsed by R. II. Negley and D. 0. Negley, for ice. On t fe twenty-seventh day of November, 1876, suit had been brought on t lis note, and also on a hook account, for…
1Opinion of the CourtAcheson, J.
Mr. Blumenstiel, in his treatise on the Law and Practice in Bankruptcy, at page 452, says:
“If, however, the time stipulated in the resolutions for the payment of the composition has passed, the court will not restrain any action brought by a creditor who may seek to recover his whole debt, notwithstanding the settlement. The debtor, in such a case, will be left to interpose such defense by pleading the resolutions, or otherwise, as he may deem advisable.”
This doctrine is reasonable, and is fully supported by the authorities cited by this author, one of which is a decision of the late Judge…
2Cases cited1 opinion
- In re LytleDistrict Court, W.D. Pennsylvania · 1876
3Cited by2 opinions
- In re Kinnane Co.District Court, S.D. Ohio · 1915
- In re EisenbergDistrict Court, S.D. New York · 1906