197 F. 767 | D. Maryland | 1912
The referee held that the claimant had given credit to the products Company, and not to the bankrupt. In consequence he disallowed the claim. The claimant filed his petition for review. He says that his proof of claim was in proper form. The claim itself had once been allowed. He invokes the rule that such proof is in itself prima facie evidence that the claim is due and owing. The burden of showing that it is not is thrown upon him who would' question it. In this case it- is not necessary to consider how far that rule goes, and to what limitations or qualifications, if any, it is subject. The claimant has been fully examined both on his own behalf and on that of the objecting creditors. He has told his story as he would now like to tell it. From his own evidence, and that supplied by contemporaneous documents, it is difficult to see how the referee could have come to any other conclusion than he did. The idea of holding the bankrupt was obviously an afterthought on the part of the claimant. Much that the claimant did both before the collapse of the two companies and! after was utterly inconsistent with any purpose to claim that any one other than the Products Company was his debtor. The excepting creditors have abundantly sustained any burden of proof which rests upon them.
It follows that the action of the referee in disallowing the claim was right, and must be affirmed.