Page:Federal Reporter, 1st Series, Volume 3.djvu/460

 IN EE fioLLlSTElft. -4S3 �$9,000. Leatbers went into bankruptey atbbtit the same time that Hollister did. He effected a composition with hià cred- itorsat 20 cents on the dollar. Bôth the bank and Mïs. Pish'er proved their claims upon ■which he was surety agàinst him, and received their dividand. Leàthers now makes claim against Hollister's estate îor^— First, the amount received by the bank, from his composition, upon the olaim upon which he -was surety for the firm oî Hollister, 'Jones & Co. ; seeond, the amôunt received by Mrs. Fisher, 'from his compositîoô, upon the note upon which he was surety for Hollister indi- vidually. Hollister's estate is not sufficient ^td pay his indi- vidual debts. Leatbers' proposition for composition contaiiied the foUowing agreement: "And upon any of the debts 'or claims against me upon which I pay as aforesaid, but upon •which I am, in fact, merely a surety, I am to have the right to colleet and receive, towards helping me to meet and com- ply with the above proposition, from my principal or his estate, for remuneration therefor, or a proper pro rata there- from, for what may be paid as aforesaid on such debt or claim, whenever I am really only a surety." �The register reported against both of the above-mentioned items of Leatbers' claim. To this report Leatiiers eicepted. �R. C. Gray, for Leatbers. �W. H. Makoy, for Mrs. Fisher. �Baer, D. J. This cause is heard upon the regisler'a opinion on the claim of William H. LeatherS. �There is not a doubt about the rule that a parlnership debt is not entitled to a dividend eut of ihdividual assets untilthe individual debts are paid in full. The Northern Bank debt is against the firm, and, as the individual assets will not pay the individual debts, the bank can get nothing, and of course Leatbers cannot get a dividend for this debt. �The payment of part of the debt of Mrs. Fisher, or part of the debt of any other crediter, by Leatbers, as surety of Hol- lister, does not itself give him any right to prove the payment as a debt against Hollister's estate. The crediter must first be paid in full before Leatbers is entitled to anything. ■ ����