Dunn v. Gans

Citations

• 129 F. 750
• 64 C.C.A. 278
• 1904 U.S. App. LEXIS 4096

Syllabus

<p>1. Bankruptcy — Preferences—Surrender—Statutes—Construction.</p> <p>Bankr. Act, Act July 1, 1898, c. 541, § 57g, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3444], provides that the claims of creditors who have received preferences shall not be allowed unless such creditors shall surrender their preferences. Meld, that such act should be construed as dealing with the creditors and not with their claims, so that where a creditor had received a preference he was not entitled to segregate the bankrupt’s indebtedness according to the notes by which it was evidenced, and apply the preference in payment of some of the notes, and prove the others as separate claims against the bankrupt’s estate, without surrendering such preference.</p>