In re Hershman

12 F. Cas. 57, 7 Nat. Bank. Reg. 604

Opinion

CADWALADER, District Judge.

A majority in number and value of those creditors of the .bankrupt, whose debts were contracted after the 1st of January, 1869, having, in writing, assented to his discharge, he will be discharged from all provable debts, whether contracted before or after that date. •The second clause of the thirty-third section of the original bankrupt act of 1867, applied only to subsequent bankruptcies. The reason was, that the sole purpose of the enactment was to prevent future overtrading. The amendatory enactments of the 22d of July,- 1868, and 14th of July, 1870, extend the time as if the original enactment had, in this respect, been passed on 1st of January, 1869; but the policy of the original act and of the late enactments .is the same. Their import is thus explained sufficiently.