In re Merrill

N.D. New York

In re Merrill

21 F. 120

DecidedJuly 1, 1884

StatusPublished

This text of 21 F. 120 (In re Merrill) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Merrill, 21 F. 120 (N.D.N.Y. 1884).

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Opinion

Coxe, J.

The original and supplemental proof should be expunged. The former, for the reason that the note upon which it is founded was made and delivered after the filing of the petition in bankruptcy; the latter, upon the authority of In re Montgomery, 3 N. B. R. 426.

The cases cited by the counsel for the claimant, holding that the taking of a promissory note, does not extinguish the original debt unless by express agreement, have, I think, but little application to a case where the parties sought to be charged are not makers but indorsers, and where, prior to the date of the second note, their legal ■status is completely changed by the filing of a petition in bankruptcy.

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Coxe, J.

The original and supplemental proof should be expunged. The former, for the reason that the note upon which it is founded was made and delivered after the filing of the petition in bankruptcy; the latter, upon the authority of In re Montgomery, 3 N. B. R. 426.

The cases cited by the counsel for the claimant, holding that the taking of a promissory note, does not extinguish the original debt unless by express agreement, have, I think, but little application to a case where the parties sought to be charged are not makers but indorsers, and where, prior to the date of the second note, their legal ■status is completely changed by the filing of a petition in bankruptcy.

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Bluebook (online)

21 F. 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-merrill-nynd-1884.