In re Gerson

J. B. MePHEBSON, District Judge.

The report of tbe referee raises again the question that I had occasion to consider recently in Be Schaefer (D. C.) 104 Fed. 973, but presents it from a different point of view. Schaefer’s case was put to me simply upon the proposition that a contract of indorsement that had not become absolute before the petition in bankruptcy was filed was not a fixed liability, within clause “a” (1) of section 63, and could not be proved against the estate under that clause. I thought then, and I still think, that the proposition was sound; but I was not asked to consider,…