Page:Federal Reporter, 1st Series, Volume 1.djvu/847

IN BE 7BANELIN M. EETOHUIT. 8S9 �adjourned return day, in order that her debt may be reckoned among the debts on the question of the bankrupt's discliarge* The excuse given for failure to prove the debt earlier is that she was advised that her claim was against the bankrupt Belknap alone. But af ter she received this advice she learned that Morris Ketcbum, father of the bankrupt Ketohum, made proof of a large debt, upwards of $26,000, which he bas been allowed by stipulation of the parties to prove nunc pro tune. She now bas ascertained that her claim is of the same nature as that of Morris Ketchum, and if bis is provable against the firm, she is advised that hers is also. The case is still before the register, no report having been made to the court. This claim of Morris Ketchum was set forth in the Bchedules. The petitioner's claim was not so set forth. It is very large in amount, exceeding $100,000, and is for money fraudulently transferred by Belknap, her agent, to the firm's bank account. Morris Ketchum's debt bas been con- tested by other creditors, including Mrs. Wyckofif, on the ground that it is the debt of Belknap alone and not the debt of the firm, but it bas been held to be a valid debt of the firm, and therefore it is entitled to be computed in determining whether the requisite number and proportion of creditors assent to the discharge. The question whether these debts were of a nature to be provable against the firm was cer- tainly a doubtful one, the doubt relating both to the facts and the law of the case. The circumstance that Morris Ketchum's debt was included in the schedule and Mrs. Wyckoff's was not, was calculated to give him an advantage over her as a crediter, whether so intended or not. The question of the discharge is of great importance to the creditors, because there are but small assets, and under ail the circumstances, I think it is just and right that the petitioner, as well as Morris Ketchum, should pai-ticipate as a crediter, if her debt shall finally be established, in the determination of the ques- tion whether the requisite assent shall be given. Her con- sent that bis proof be filed nunc pro tune was asked and given, and thereby he is enabled to participate in the decision of this question. As the case stands her debt will not be counted. ��� �