Page:Federal Reporter, 1st Series, Volume 4.djvu/421

 ni EE BURCHELIi, 407 �debt, i. «;, $5,257.79, and in Marcli, 1878, Turck & Biirhaus received $400 from Bigler & Co. in lieu of the sum due them under the compo- sition, and gave a receipt " in full of ail claims that we have against him (Bigler) or them (Bigler & Co.) on account of the building, ice house," etc. SM, that Turck & Burhaus still had a provable claim against the estate of Burchell for $1,200. �W. H. Regensherger, for creditor. �S. Untermeyer, for assignee. �Choate, D. J. Thia is an appeal from the decision of a register expunging a proof of debt. �The claimants, Turck & Burhaus, claim that the bankrupt îs indebted to them in the sum of $1,200, under the follo-wing circumstances : The firm of Bigler & Co. contracted to build an ice-house for the bankrupt in Greene county, New York. These claimants, being partners, furnished materials and did work upon the ice-house. Bigler & Co. thus became indebted ti these creditors for the contract price of $3,000, of which there remained still due about $1,550 or $1,600. Bigler & Co. failed, and were in banktuptcy. They proposed a com- position with their creditors, which was accepted and con- firmed June 9, 1878, of 30 per cent., payable in six equal semi-annual instalments, for which they wëre to give notes. For this balance of about $1,600 claitaants held their due- bill or promissory note. �Prior to their bankruptcy, Bigler & Co. had assigned to one Ward their claim against the bankrupt, ■which amounted to $5,257.79. Ward was their creditor, and this assignment was to secure him. Ward threatened the bankrupt with a suit to recover this debt. The bankrupt sent for Ward and these claimants, whose claim against Bigler & Co. he was aware of, and the bankrupt, Ward, and these claimants entered into an agreement in writing for the settlement of the debt. The paper was executed by the three parties on the twelfth of June, 1878. It was in the following form: ����