The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-21
FIFTH DISTRICT COURT.

A, Salpy va. His Creditors Plaintiff AYERS
that owing to financial depression sagnatton
IN trade aud other unfortunate circumstances
he finds himself unable To square up'--that is
to say. nay his Just debts. thai his creditors
have altHady begun to harass him by litiga-
ton, and that he desires to make q esssioa Of
ha property IT, his creditors. In order ~ edun
" and fairly distribute It amongst them flIae
. schedule settling forth his assets and Habit.
ties raauests the court to accept the eesson
asks that q Meeting of his creditors be con
yenad and that they dalibetata upon bis affairs
prays that he be discharged Of bis debts, and II
the meantime all judicial proceedings agaipsl
him he stayed.
Bennett VS.. Satfhou. Suit of Mrs. Bennett
dismissed, In 81, far IA Il seeks to make Sarllnl
individnallv responsible to her for an indsbt
g. Mebe Co. vs.. II. Acknowledgment to the
dead docket.
Henry Bark smeyer .vs. Louis T. besmous-
sealx.-.Ju Judgment for defendant without prejtl.
dice to the rights 81 The plaintiff tn proceed
against him on promissoiy note. as set forth
In the answer.
Duefor vs. Bennett. Rule of traverse made
q. M. Bayly Il Pond Va. Faotors ana Traders
Insurance Company. q. NJ Bayly Il Pond vs.
W. g. Lyon y Co.=Juagment Tor plasniifrs as
Az recently decided by Judge Woods, The pro-
oeeaing tn composition under the American
tton in bankruptcy. after the vote nf the com
position and the ron llrmation by the court, are
atlll under the control of tho bankrupt Of that
remedy Of failure to. comply with the com
position Ia by application to the Judge OF CIR
cult Court "a ordered thereon: and n contin IL
anee or. n proceeding at once In bankruptcy
under the original application filed by the par
Ties to whom the composition had been award.
ed. under this view. Rayly Il Pond appear hes
fore this court unanr and by virtun Of the com
position proceedings in Tho United States
Bankrupt court. and The proceedings herein
must be governed entirely by the accepted
Jurisprudence and orders Of that tribunal. The
composition set NJ by the defendants In this
case. under this view. Of course. cnnnot pre-
vail. because Bayly Il Pond IRE ipsolvent and
arc proceeding aa insolvants In this matter. and
II tho proposition Of CONDENSATION under the
circumstances could be allowed, II would oper-
ate to the extent Of these defendants being paid
to The extent OF the claim which they set ,lp.
In the case ut bar the credit was obtained from
ths plaintiffs after the application In bank
ruutey. The mere fact Of tho payment Of the
25 per cent In nash II dues not seem to me made
necessary under the circumstances Of this case
because II compensation could take place, 1t
could tHks place under those circumstances 1t
would he usaless to pav defendants AZ per cent
of their indebtedness and then 10 claim from
them the entire amount OF their indebtedness to
the plaintiff. II. as was shown In the present ease
n comp nsation oi 25 per cent was allowed. and
M Indebtedness claimed for the residue. which
must he paid to Bayly Il Pond as li1utdators. or
or eompositors for the benefit Of all
the credits of Bayly Il Pond.