Roberts v. Atwood & Co.

Judge Bkeck

delivered the opinion of the Court

Roberts assigned to Atwood & Co. a note on J. H. Moore for $135, which fell due on the 31st August, *2101842. On the 28th May, 1842, Moore filed his petition for the benefit of the bankrupt law, and on the 16th September was declared a bankrupt, and afterwards obtained a discharge. The estate surrendered by him was very inconsiderable, and no dividend appears to have been declared among his creditors.

When the obligor in an assigned, note had filed his petition in bankruptcy before the note felldue, and was declared bankrupt a few days afterwards,…