In re E. O. Thompson's Sons

Citations

• 123 F. 174
• 1903 U.S. Dist. LEXIS 220

Syllabus

<p>1. Bankruptcy—Time for Proving Claims—Substitute or Amended Claim.</p> <p>A claim filed against a bankrupt estate after the expiration of the year fixed by the statute cannot be allowed as an amendment of, or substitute for, a prior claim which had heen withdrawn without reservation 10 months before.</p> <p>2. Same—Liquidation of Claim by Litigation.</p> <p>The claim of a surety for a bankrupt is not “liquidated by litigation” within the meaning of Bankr. Act July 1, 1898, § 57n, 30 Stat. 561, c. 541 [U. S. Comp. St. 1901, p. 3444], so as to entitle it to be proved after the expiration of the year fixed for proving claims, because of litigation between the principal creditor and the surety to determine the latter’s liability, where the amount was not in controversy.</p>