District Court, S.D. New York May 4, 1909, No. 10,929 (In re Buchan's Soap Corp.)

HOLT, District Judge.

I am not able to concur with the conclusion of the referee in this case. Under the bankrupt act of March 2, 1867 (14 Stat. 517, c. 176), the filing of the proof of claim was a waiver of a right of action on the claim in another court.