Page:Federal Reporter, 1st Series, Volume 9.djvu/831

 816 FBDEBAL REPORTER. �the defendant and other companies upon grain outside of Duluth, it will give $214,749 — the total amount of insurance which must pay the loss. The proportion whioh defendant and the other companies having $20,000 like insurance must bear is 40,000-214,749 of $12,- 986.18, equal to $2,418.88, and the defendant company one-half of this sum, which is $1,209.44. Judgment will be entered for this amount, with interest and costs. ���In re Geavbs, Bankrupt. �{District Court, D. Delaware. 1881.) �1. Patmbnt — ^TIviDEiTCB OF — Dbclabations op Creditobs. �A declaration previously made by petitioning creditora, who afterwards sought to have their claims provea before the register in bankruptcy, that such daims were paid on the supposition that they were entitled to a security or secu- . rities which gave them an unlawful preference under the banlirupt act, which preference was afterwards set aside as void by the court, is not sufflcient of itself to sustain a plea of payment. �2. Limitations — Phoving Claims. �If a claim is not barred by the state statute of limitations before the adjudi- cation of banltruptcj'', the statute of limitations does not commence to run ; and no lapse of time will prevent the proof of such claim before the register up to the final distribution of dividends. If it is barred by the statute before the adjudication it will remain barred, and the claim cannot be proven. �3. UNLAWF0L Pbbfbbencbs — Deckbb against Crbditob in a Suit against �THE Assignee — Subsequent Attbmpt to Piiove the Claim. �A decree upon a contested suit by, a crediter against the assignee, deciding that the right gought to be established is an unlawful preference, and void under the act, prevents such a surrender under the act as will enable the cred- itor to prove the claim which was the consideration of such preference, and to corne joanpa-ssM with other general creditors. They may surrender and prove before such a decree, but not afterwards, and when a knowledge of the same haa been brought home to them. �In Bankruptcy. Upon petition of Henry C. Robinson, assignee of said bankrupt, to strike off certain claims of Swan, Clark & Co., proved before the register. �Charles B. Love and J. Henry Hoffecker, for assignee, cited — �Bankrupt act of March 2, 1867; In re Lee, 14 N. B. R. 89; Tinker v. Van Dyke, Id. 112; Barnewall v. Jones, Id. 278; Oxford Iran Co. v. Slaftei; Id. 380; Swan, Clark d- Co. v. Robinson, 5 Ted. Rep. 287; Phelps v. Stephens, 4 N. B. R. 34; Vorkin v. Newartha, Id. 52; Reohter's Est. Id, 221; Scott v. ilfc- Oarty, Id. 414; lu re Kipp, Id. 593; In re Cramer, 13 N. B. R. 225; In re Rim-den, 14 N. B. R. 332; In re Stein, 16 N. B. R. 569; In re Leland, 9 N. B. R. 200; In re Dakin, 19 N. B. R. 181. ��� �