The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-12-27
NM 10 s1ATts usTscT cOual-M sARESvprCY.

r,ruor tant Decisien-Eacct OF the Stutute of
limit aiions In the state of New Nork-The
Tn.tl Va Law OF Bankruptcy.
Judge Hiaich.oTd rendered important decision
Yesterday morning ia The OF Janos D. Ray. The
facts are a tollows.-Upou the day appointed by the
Register. OF tho application Of Wheeler Madden and
Clemson or hitos FOR the examination or the bankrupt
and his wife snd other witnesses, under tho twenty
,xth section ~ the Bankrupt act the bankrupt objected
10 the exsmln uion, tbs ground that Tho claim OF
,n,s. creditor. barred BY the status OF limitations
OF the sess Ssw York. and, in support Of such
sa,,et,op IN. bsnkrup, put In before the Register
an : sAdavR an { plea FOR the purpose Of awaiting
himself xf,tbs plea and defence OF such statute,
l rns ssssr,s lie sadavis Tbs sGdsyls which
D. made 10y the pkrupi states that the claim OF the
creditors Me- fled vita tho assignee December 1861.
shs xsts having been appointed september L. 1so7
shs, sus1 Vain fsundsa upon note made by the
s.sssg IN 's' sG'i payable da .ss ::
months 4fsr date sni upon balance Of account
ssrchsnfss psressso " from said creditors, aud
The ersd1sn were all : . nsn s'sssns and All Of
Them rsssd vss o q Nc. york sssTss .so
and have thsaes cont 'nusd ana nov are citizens
q end sdss, .i.oIa s.a, os'e ,sa' the srsd.
claim beam. da. and s Ds s4a 10, = ,s%ansd ne. sSr
action acsng thsrsou ass last said corarinershp or
ssa bssss5ps dld .i.hs .ir year. n.r, BE-
the .as eso !. barred ~ a. ssu.s q msoas o.
IRE spta 4Ns~ YORK, that I ue said ooe was made
f4hi dev ssd At New York ant wa payable there and
the said trsrebsndise wss pu rcnsssd there and TOE
tsm u 4Fdcfsitors oontr ctso there tha oy res.
~5n OF ss1nAtsrs the bankrupt takss objection 10 al
proccsi6sz ~ ad creditors Or Va ihsr behalf 10 THIS
matter, rmasss NE sada,t es inierposss the plea
Of said slI9ts Tot e purpose o., avshos himself o.
hsr 70 ksid clam. or to its ali vance a. claim
against l9s estate. aad bar 70 The rights 81 sad
creditors have such exam 1stcn, MI that me bank
rupt has y ne manner or way wave = sacn objection.
The Register on The foregoing fscts r'ned Toe follow
Ing question 10 tbs JUDGE Tor hts Ssions-"hs
creditor who has proved hts debt but whose DEBT u
barred BY the statute Of limitations OF W state OF New
York right 20 examine ne bankrupt dsF section zSs
OF the Bankrupt set Toe Judge sums ~ ths aga.
nfcpu used By the bankrupt 10 ths Dot snd says.
ssThs question certified treated " the tygumsnt on
the pat or the b.okrapt a. Identical with tN queshen
whether the claim IN tbs case ~ provsble under ins
psntrupf act" He ada snsr referring At lengih 20
whal Z allowed ID he sxamnaaon " bark
rupts under tina twenty. sixth section or tss
aci 81 nigh. connbs myself with suawess
fng the qAesuou certified By saying that crs-
dor who has proved bis debt has right ioerants me
bankrupt under section tveaty or the act attoggh
hts DEBT mar Appear % barred under the ciiSlo-
stances OF this cass But what really desired oy-as
parties decision whsthsr The debt in tkN case " one
which oaght 10 be reectsd BY the setrs OF imliAons
Of the stats OF New York The Bankruptcy AT Sant
az 10 tie operation o. any statute o. liniliaiionsN
I have not met With any decision under any iormS'
bankruptcy aot OF the Upted states on The question pre-
ssui0d but 10 FuaiaDd has always been held, rnaer
the Bankruptcy isv that dsst which cannot % r..
covered IN action egaicSt ne Plea 81 ne Htue ~
lLuiiAAess eaaa9i W pEyvd 70 eaakfSP'ey' p<tsw