Page:Federal Reporter, 1st Series, Volume 5.djvu/721

 IN EE HYNDMAN. 709 �ceedings as the time beyond whioh interest conid not be cal- culated, and this in aU cases. �"Again, section 5075 provides, among other things, that a mortgage crediter may ascertain by agreement with the assignee, or by a sale thereof, the value of the property. This need not involve mueh delay. �"The reasoning In re Jaycox and Green, 8 N. B. E. 244, is qnite plausible. The court says : ' The general purpose and policy of the act is to produce equality amông the creditors of insolvent debtors, with the exceptions provided for in the act, and, to attain that end, its provisions should, in cases of extreme doubt, be construed benefieially for the general cred- itors.' In re Bloson, 4 N. B. E. 147, the court directly decides that a secured debt, being provable, does not draw interest after adjudication. See, also, 10 Bump, 572, 573. On same page are aJso cited cases deciding just the opposite. But these, and ail the cases I have found, involve the rights of creditors between themselves. There is another view of the question, as affecting the rights of the bankrupt alone in the matter of bis discharge, and which, if I am correct, is decisive of the question now before your Honor, without passing on the one above discussed. Whatever may be said as to the date for computation of interest, as between creditors, I do not think the calculation can go beyond the date of adjudica- tion for the purpose of an estimate of the relative value of the debts and estate. It is a parallel case with that of the security debt, which, though exeluded from an estimate of the indebtedness, is not exeluded from a participation in the divi- dend. So with the interest on ail debts. It should, in arriv- ing at the aggregate debt against the bankrupt's discharge, cease at adjudication ; but might by possibility, in certain cases, be admitted, like security debts, to participate in the dividend. �"Therefore, I do not think that interest should be estimated against this bankrupt's disoharge on the secured debts be- yond the date of adjudication. �"Third. Is the bankrupt primarily liable for the whole of the Northern debt, to the extent that he cannot show that ����