Dowse v. Hammond

Citations

• 130 F. 103
• 64 C.C.A. 437
• 1904 U.S. App. LEXIS 4137

Syllabus

<p>1. Bankruptcy — Provable Debts — Taking New Promise from Bankrupt-Effect.</p> <p>Where, after a creditor had proved his debt in bankruptcy, evidenced by notes, he took from the bankrupt other notes for the same indebtedness without surrendering the original notes, he is not ordinarily presumed to have discharged the debt proved, nor to be precluded from maintaining his proof, while at the same time proceeding against the bankrupt personally on the new notes, so long as he has not received full satisfaction of his debt</p> <p>2. Same — Costs.</p> <p>Where issues in the bankruptcy proceeding arising out of the mixed condition of the claims were caused entirely by the methods of a creditor, the trustees should not be charged with the costs of a proceeding to determine such issues.</p>