¶1Understanding the question certified by the register to be, whether the assignee shall make up, out of the general funds of the estate, any difference between the net proceeds of the sale of the mortgaged property, and the amount stated by the mortgage to be due, 1 answer it in the negative.
20 F. Cas. 59
In re Purcell
U.S. District Court
Decided July 15, 1868
U.S. District Court · decided 1868-07-15
[In the matter of Patrick Purcell and Henry M. Robinson, bankrupts.] In this case the register certified to the court that a certain portion of the bankrupt’s property delivered to the assignee was personal property, which was covered by a chattel mortgage; that the assignee had sold all the property; that the mortgaged property did not at such sale realize the amount of the mortgage; that the holder of the mortgage claimed that the assignee should pay the amount of the…
Decided 1868-07-15