Page:Federal Reporter, 1st Series, Volume 4.djvu/424

 410 FEBEBAIi BKPOSl^B. �we have against him (Bfgler) or them (Bigler & Co.) on ac- eount of the building, ice-house, " eto. It is on account of this transaction that the register bas ruled against the claim- ànts. He says in bis opinion : "This seems to me to control the whole matter. Whatever Turck & Burhaus may have claimed against Burchell came through the indebtedness of Bigler to them. This indebtedness having been acquitted by Bigler, nothing remains as a foundation for a claim against Burtfhell. This proof of debt, then, is founded on mistake and ebould be expunged."' "I am unable to concur in this conclu- sion. Prior to the twelfth of June, 1878, by virtue of the composition proceedingSj Bigler was chargeable with 30 par cent, on the whole $1,600. Turck & Burhaus were bound by the composition. �By the agreement of June 12th they acquired a valid claim npon the bankrupt for $1,200. Whether this agreement is to be considered as merely a collateral obligation to that of Big- ler & Co., or -whether it operated to discharge absolutely $1,200 of Bigler's original debt, is immaterial. The claimants were entitled to avail themselves of both obligations. The amonnt of their 30 per cent, composition became fixed by the confir- mation, and it seems that they would not forfeit any part of that, because another party afterwards, for a new considera- tion, promised to pay them something more on Bigler's orig- inal debt. They could not receive, as between themselves and other creditors of Bigler, more than the stipulated com- position out of Bigler's estate. But the further amount thus promised was not to corne out of Bigler's estate. The $400 was paid, as appears by the evidence, in lieu of the composi- tion due to these claimants from Bigler & Co., and the agree- ment was express that it was to release only Bigler and Big- ler & Co. ; and there is nothing in the form of the receipt inconsistent with this. It appears that Burhaus refused to accept it in discharge of Burchell also. Even if it was more than Bigler & Co. were bound to pay as a composition, ou the ground that the agreement of June 12th extinguished $1,200 of the debt of Bigler, and that in consequence of this fnct the obligation to pay the composition was modified and ����