Page:Federal Reporter, 1st Series, Volume 5.djvu/731

IN RE SAtlLS. T'H �cases •mentioned. In re Sausmerez, 1 ktk. 85, itiwas, ruled an execator can sign the certificate, and in. a case cited in Baoon's Abridgment, tit. "Bankrupt, K," (Ist Ed.) and note (Ed. 1860) from Green. 260, whare the debt proved devolved on the bankrupt himself, it was held he might consent to hia own discharge as a crediter, "because otherwise he nevet could be released, as no one else is or could be qualified to. sign the certificate for him." Hilliard, Banky. (2d Ed.) 316, note a. �In the case of Barrett, 2 N. B. E. 533, where it was ruled that one partner may execute a powef of attorney to vote for an assignee, and bind his copartners, the exception in favoj of such a power is supported as a necessity in bankruptcy cases, upon the authority of some of the English cases I have cited here. Our own bankrupt law, in the matter of the diecharge and this assent of creditora, is modelled on the English statutes Under which these decisions were. made, and they are quite sufficient as authority. The. learned counsel for creditors here insists that the administrator of the de- ceased partner can, no more than the surviving partner, assent to' the discharge, and for the saine reasons whioh he so ably presents. The resuit would be that the bankrupt cannot have any assent on this firm's debt, although it may be proved and counts against him; and we can imagine a casa where, ail or a large proportion of the creditors of the bank- rupt being surviving partners, he could get no discharge at àll. It cannot be that he would have to go to ail the credit- ors of Guy McClellan & Co., and ail the parties interested in the deceased partner's estate as cestuin que trust, and procurei their assent. Ex parte Dubois, 1 Gox, 310; Ex parte Righf, 19 Ves. 463. These cases do not apply to executer» or part- ners. This demonstrates the neceggity ôf making thisipower reside in the surviving partner in baiikruptey cases, whatever his common-law powers may be to release a debt. �Moreover, I am of opinion that the power may be supported as a statutory power under the bankrupt aot itselfi It ia true, this assent operates to extinguish thç intere^t of.the administrator of the deceased partner in this debt against the ����