15 F. 912 | W.D. Pa. | 1883
The adjudication in bankruptcy was on October 21, 1872, upon a petition filed September 28, 1872. The bankrupt’s note bears date September 25, 1872, and was due 60 days thereafter. The tender of proof .upon the note was made December 29, 1879. The period of limitation under the Pennsylvania statute is six years. It thus appears that more than the statutory period had run after the adjudiction, and after the maturity of the note, before the proof of debt thereon was tendered. It is a Pennsylvania contract and the parties thereto reside in this state. Is the statute of limitations a bar to the proof? The exceptants contend that it is, and they rely upon the decision of Judge Deady, in Nicholas v. Murray, 5 Sawy. 320, who held that, the statute of limitations of the state where the debtor is adjudged a bankrupt continues to run, after adjudication, against creditors. But the contrary has been determined, and I think with better reason, by Judge Hughes, in Re Eldridge, 12 N. B. R. 540, and by Judge Bradford, in Re Graves, 9 Fed. Rep. 816. The latter cases are in accord with the English rule that the issuing of a commission in bankruptcy creates a trust for creditors against which the statute of limitations does not run. Ex parte Ross, 4 Glyn
And now, April 4, 1883, the exceptions to the register’s report are overruled, and the report is confirmed absolutely.