Page:Federal Reporter, 1st Series, Volume 7.djvu/916

 904 FEDERAL REPORTER. �In re Felteh, Paek ^ Co., Bankrupts. {Diatrict Court, D. New Jersey. July 22, 1881.) �1. PeallD — UpON WhoM 18 THB BlTBDBIT OP ShoWINO — CbEDITOR'8 �Claim Duly Pboven. �The burden of showing that a creditor's claim, duly proven accord- ing to the provisions of the bankrupt act, is founded in miatake or fraud, lies upon the assignee or the crediter attaoking the proof. After such proof the claim is, prima fade, good. �2. Registbb— Decision of, RKVBRsaD. �A register's decision in favor of a whole claim as proved will be . reversed when the evidence is undoubted that one item of the claim~' had been paid in full. �John W. Taylor, for creditor David Torrens. �P. e D. Mitchell, for assignee. �Nixon, D. J. This case cornes before me on the petition of Daniel Adams, the assignee of the above-named bankrupts, to reverse the decision of the register, who has allowed the proof of debt of David Torrens, a creditor. Said proof was filed September 25, 1877, claiming that there was due from the bankrupt's estate the sum of $13,165.39. The assignee ob- jected to the proof, and petitioned that the same might be expunged and disallowed. A large amount of testimony was taken before the register, and on the first of February, 1881, he reported to the court that after deliberate consideration he was of the opinion that the evidence offered by the as- signee was not sufiScient to warrant him in reporting ad- versely to the proof, and he reoommended that the same be affirmed, and admitted to its proper dividend out of the estate of the bankrupts. This report was aecompanied by the reg- ister's certificate that his decision was made in pursuance of an agreement made before him by and between the attor- neys of the assignee and of the said creditor Torrens, re- spectively, and by their request that he should examine and decide the matter, instead of requiring the parties to form an issue to be certified into the court for determination, under general order No. 34. �Upon filing the register's report each party applied for a rule, — the creditor, for the assignee to phow cause why the ��� �