George Shiras, Jr.

“ We cannot agree that a penalty in the name of interest should be inflicted upon the owners of the mortgage lien for resisting claims which we have disallowed. As a general rule, after property of an insolvent passes into the hands of a receiver or of an assignee in insolvency, interest is not allowed on the claims against the funds. ”

“ In fixing the amount of such allowance we do not find ourselves wholly left to conjecture. Theodore Mozier, the master mechanic of the Peoria & Rock Island Railroad Company, certified that he made an inspection of 138 of these cars at the time they were surrendered to the car company by the receiver, and he estimated that the sum of $994.20 would suffice to put them in fair running order. James Doyle, who was for some years in the employ of the Peoria & Rock Island Railway Company, and afterwards in that of the receiver, in the car shops, assisted Mozier in inspecting these cars. ”

“ On December 1, 1888, it was ordered that leave be granted Cable to prosecute the appeal in the name of the complainants to the original cause, and that this appeal should become a supersedeas on his filing an appeal bond in the sum of $80,000. ”

“ It holds that the six-months rule, which is the general rule in the seventh circuit, should govern, and finds the car company entitled to $8,162.99, as the balance due to it for the use of the cars during the six months prior to the receivership, thus increasing by $6,100 the allowance made by the master on this branch of the case. ”