Summary

Portrait of Harlan F. Stone Harlan F. Stone Maynard v. Elliott Varney — Opinion of the Court

The obligation of an indorser is at least a 'claim,' and hence a debt so far as defined by section 1 (11) ; and the language of section 63, which permits proof of a claim 'founded * * * upon a contract express or implied,' is broad enough to embrace the liability of an endorser upon negotiable paper which has not matured at the time of the adjudication.
Source: Wikisource

Portrait of Harlan F. Stone Harlan F. Stone Maynard v. Elliott Varney — Opinion of the Court

Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest here on which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest; * * * (4) founded upon an open account, or upon a contract txpress or implied.
Source: Wikisource

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