A Treatise On the Bankruptcy Law of the United States volume 1

Cover A Treatise On the Bankruptcy Law of the United States volume 1
A Treatise On the Bankruptcy Law of the United States volume 1
Harold Remington
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J;^^ juggling with names. If the claim 80. In re Benedict, etc. , Co. , 27 A. Can be proved at all it can only be B. R. 409, 192 Fed. 1011 (D. C. Ky. ). Proved in the form of a contract, ex- 81. Instance, In re Robinson, 14 A. Press or implied, for tort claims, as B. R. 626, 136 Fed. 430 (D. C. Mass. ): such, are not provable in bankruptcy. In this case amendment was allowed of course: then if proved as a con- to avoid the illegality. The reasoning tract the express and usurious conr- § 803 ALI...vOWABIvE CLAIMS. 645 In re Worth, 12 A. B. R. 566, 130 Fed. 927 (D. C. Iowa): "Under the Iowa statute, however, the usurious contract is not void, but voidable only to the extent of the interest in excess of the legal rate, and as construed by the Su- preme Court of that State, the right to interpose such a defense is the priv- ilege of the borrower only, and if he does not avail himself of the privilege so granted the statute is no longer applicable. Carmichael v. Bodfish, 32 Iowa, 418. The construction of the local statute by the highest court of the State is, under the familiar rule, controlling upon the federal courts in such State.

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