In re Vickery

U.S. Circuit Court for the District of Western Michigan

In re Vickery

28 F. Cas. 1173, 3 Nat. Bank. Reg. 696, 1870 U.S. App. LEXIS 1733

U.S. Circuit Court for the District of Western Michigan·Decided April 27, 1870·Published

Opinion

WITHEY, District Judge.

I dissent entirely from the rule laid down in Re Williams [Case No. 17,705], and fully concur in' the decision in Re Brown [Id. 1,975]. The debt in the case reported by Register Bums existed at the time of the adjudication of bankruptcy, [1174] and if it has never been paid or satisfied may be proved in bankruptcy. The fact that judgment has been rendered for the debt, is neither payment or satisfaction thereof in any sense which prevents proof of the debt in bankruptcy. It is not the judgment, but the debt as it existed on the 5th day of January, the day ot the adjudication, that is provable.

Free access — add to your briefcase to read the full text and ask questions with AI

WITHEY, District Judge.

I dissent entirely from the rule laid down in Re Williams [Case No. 17,705], and fully concur in' the decision in Re Brown [Id. 1,975]. The debt in the case reported by Register Bums existed at the time of the adjudication of bankruptcy, [1174] and if it has never been paid or satisfied may be proved in bankruptcy. The fact that judgment has been rendered for the debt, is neither payment or satisfaction thereof in any sense which prevents proof of the debt in bankruptcy. It is not the judgment, but the debt as it existed on the 5th day of January, the day ot the adjudication, that is provable.

In re Vickery, 28 F. Cas. 1173, 3 Nat. Bank. Reg. 696, 1870 U.S. App. LEXIS 1733 (circtwdmi 1870).

Pincite

28 F. Cas. 1173 (In re Vickery) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.