Maxwell v. McDaniels

Citations

• 195 F. 426
• 115 C.C.A. 328
• 1912 U.S. App. LEXIS 1388

Syllabus

<p>L Bankruptcy i (§ 336*)—Proof of Claims—Amendment.</p> <p>A creditor who has proved a claim against a bankrupt as unsecured may, after the lapse of a year from the adjudication, amend the proof so as to show that it is secured, unless the circumstances are such that under the general rules of law applicable to like transactions he would in other tribunals be estopped.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 523: Dec. Dig. § 336.*]</p> <p>2. Bankruptcy (§ 312*)—Creditors—Estopped to Claim Security.</p> <p>That a creditor of a bankrupt prior to the bankruptcy had commenced a suit to set aside a deed as fraudulent does not estop him, on the determining of the suit against him, from claiming the benefit of a lien reserved by such deed for his benefit and that of certain other creditors.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 496-500; Dec. Dig. § 312.*]</p>