In re Loder

U.S. District Court

Decided April 15, 1870

U.S. District Court · decided 1870-04-15

[In the matter of Benjamin H. Loder, a bankrupt. For prior proceedings, see Case No. 8,455.] In this case, the register certified two questions to the court. A deposition for a proof of debt was transmitted to him by another register. The debt was a promissory note, but the consideration of the note was not stated in the deposition, nor was it stated whether any, and, if any, what payments on it had been made.

Decided 1870-04-15

BLATCHFORD, District Judge.

¶1The first question is answered in the negative.

¶2The second question is answered in the negative. The register, acting as the court, is. under section 22, to reject all claims not duly proved, but, if an issue of law or of fact is raised and contested thereon by any party to the proceedings, the course prescribed by section 4, in regard to adjourning the question into court for decision by the judge, must be pursued.

¶3[Other questions arising in these proceedings were decided in Cases Nos. 8,457-8,459.]