New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-27
THE COURTS.
RIGHTS OF CREDITORS AND BANKRuPIs.
DECISION OF JUDGE BIAlCnFoRD on NrEErREiA-
TONS or TIIE BANKRUPTCY LAWS. -


TIoNs or Tug BANKRUPTCY LAWS. -
On Nov. 10. 1878, George II. Sheldon filed,
in the United States District Court, voluntary Petoh
in bankruptcy and was sdJudoated bankrupt SUI
se1nenty W. w. Seymour proved, as debt against inc
bankYupts estate judgment recovered IN the suprec
Court of the State OF New York, on March l. $780, ior
81 ,5f3 II That judgment was recovered on ?'ior
Judgment recovered In the same court against mo oaA
rpt ON July 90 1862 for $3.50 so. No other debt was
proved by any one. The bankrupt applied Tor as
charge and Seymour appeared before the Register 10
oppose the granting of the discharge and objected 10 e
Registers entertaining any proceedings on thc appo"
tion or making any report thereon Otherwise ulah W
dismiss same, the ground that the bankrupt hau
not filed seymous consent 70 the discharge ana 'hht
no payment either OF 80 per cent or Otherwise hau poc
made 10 Seymour The Judgment OF 1867 was %
upon proinsory note Endorsed by the bankrupt Ioi 'o
accommodation OF A. II sheldon ..,,.,, ., vo. CON.
tended in behalf OF the creditor that s PFC dcnrSe
section of tho Act Of 1874 rege .na yo D one
unless his assets are shown to be eqna 10 ~ pa M MIN
To- be- one upon which the bankrupt Ii llaDle ~ pip
debtor. unless he prOcures the assent Oh sue" o
or the part Of ths bankrupt urged that this debt
was contracted prior to Jan ls6e ut de IN
of Section OF the Act of 1874 in regard To discrgs ~
cases of voluntary bankruptcy. does not apPy 10 oeDs
contracted prur to Jan l, 1862 aud thar ne de @
Keysed satutrs that the requirements then in force III
regard to the conditions of amount Of assets or OF assem-
TO any bankrupt whether voluntary or involuntary sh
not apply to debts contracted prior to Jan l. i9oD rs
section of tho OF 1874 in regard to discharges III
cases of voluntary bankruptcy. -...
Judge Biatehiord reserved his decision ia tAs MATER
until YESTERDAY when he gave discharging me BANK
rurt and saving, among other things: " stan AZURE
10 the opinion expressed by me III the case OF ~ re
TIaneke Il Chirdgo Legal beicS Ala, and ~ rat
Bkcy Reg, 43s that the provisions Of Section OF tne
Act OF s7i I'm respect discharges both In cases m IN
voluntary bankruptcy, and in cases OF voluntary oanh
rmptcy apply only to TO be commenced a1ter le
az hat ct v
have overrued by superior authority and DC
evc them 10 be sound IN principle Under such Nems
as petition in the present case was hed Deors
passage of the Act OF 1874; recto. y ~ un
ease and il would be left to be governed ny
the provisions OF Section Bile OF me Essiscu
Statutes, under which this bankrupt womb no. ou ~
quired 10 show any per eentage ~ ASSET, OF any ny debt
creditors because the debt Of seymour, the ON! .o"t
proved was contracted before jan /, ls6y, ,,,, "a
From thrae considerations IL results that the oakI'
entitled TO hs discharge without showing any per
ace i'm assets OF any assent 0 the creditor VINO s ,a
hI, debt The Clerk will certify this decision !" VI"
Register" - - , woIcb for the
bankrupt.