Page:Federal Reporter, 1st Series, Volume 2.djvu/652

 IN BE VAN BUBEN. 643 �state when the account became due. The proof was on the judgment. Nor is the claim properly to be considered one based on an open account. �The suit was brought to recover damages for a fraud, the amount of the damages heing, indeed, measured by the un- paid balance of an account. Objection is also made to another proof of debt on a judgment recovered by one Chris- tie, and proved by Verplanck, as assignee thereof, on the ground that the proof is not accompanied by the deposition of the assigner in its support. It appears by the trauscript of the doeket, annexed to and made part of the deposition of proof, that the judgment was recovered in October, 1876. These proceedings in bankruptcy were commenced August 31, 1878. This proof of debt was filed October 25, 1878. It avers that the bankrupts were indebted to the claimant, at the com- mencement of these proceedings, as assignee of said judg- ment. No objection bas been taken to the form of the proof till this hearing. It is obviously now too late to urge the objection, if it were valid. And General Order No. 34 only requires such deposition of the assigner in case of an assign- ment after the filing of the petition in bankruptcy. The ques- tion of the bankrupt's discharge, therefore, so far as this point of the assent of their creditors is concerned, turns on the allow- ance or disallowance of the claim of Partridge. His proof of debt, sworn to on the nineteenth of April, 1879, was received by the register, but not filed or allowed because objections were made thereto by other creditors. And pro- ceedings for the re-examination of the claim have gone on at the same time with the proceedings for the bankrupt's dis- charge, and the register bas, with the consent of ail parties, certified the testimony in relation to this claim to the court, and both matters have been submitted together; it being con- ceded that if the claim of Partridge is sustained the bank- rupt is to have the benefit of his assent to the discharge, which bas been filed, and which. with the other assents, will make up the requisite one-third in value, and one-fourth in number. ����