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2 F. Cas. 855

In re Barnes

U.S. District Court

Decided October 7, 1874

U.S. District Court · decided 1874-10-07

[In bankruptcy. In the matter of Barnes, Brother & Herron.] Exceptions to report of register, (Parsons). 1. J. E. Johnston & Co. proved .a claim against the bankrupts;' said claim was composed of two items: First, a merchandise account; secondly, an accommodation note for $1,573. After the failure of the bankrupts, and with a knowledge of that fact, J. E. Johnston & Co. accepted certain payments,, amounting to over $1,400, on account of said accommodation note.

Decided 1874-10-07

THE COURT

¶1said: “As to question of special allowance to the bankrupts, or any of them, the court perceives no sufficient reason for directing such an allowance. This does not, however, necessarily preclude the allowance of something under this head uy the creditors, of grace, if the bankrupts have rendered extraordinary services, beyond those required in order to make the property, rights, credits, and effects available.”

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