In re Garlington

Citations

• 115 F. 999
• 1902 U.S. Dist. LEXIS 257

Syllabus

<p>Bankruptcy — Provable Debts — Collection Pee Stipulated in Note.</p> <p>Under Bankr. Act 1898, § 63a, providing that “debts of a bankrupt may be proved and allowed against his estate which are (1) a fixed liability as evidenced by a judgment or an instrument in writing absolutely owing at the time of the filing of the petition,” etc., attorney’s fees stipulated for in a note “in case it shall be placed in the hands of an attorney for collection” cannot be proved as a part of the debt, where the note had not matured at the time of the filing of the petition in bankruptcy against the maker.</p>