366 



HOBTIOULTUBE 



September 9, 1916 



Est. 17G5 



Pot Mhikers for a 

 Contury anda Half 



HEWS 



STRONG 



RED 

 POROUS 



POTS 



Inc. 1904 



World's Largest 

 Manufacturers 



Standard, Azalea, Bulb, Orchid, Fern, Hanging, Embossed, Rose, Carnation, Palm, Cyclamen, Cut Flower. 

 Special Shapes to Order. Chicken Founts, Pigeon Nests, Bean Pots, Etc. 



Wrke for Catalogue 

 and Dttcoantt 



A. H. HEWS & CO., Inc., Cambridge, Mass. 



War*h»BMai 



CAJtfBKTDOK, MAMB. 



XMW TOWl. H. X. 



COLLECTING DEBTS BARRED BY 

 BANKRUPTCY PROCEEDINGS 



This bears upon the legal effect 

 which bankruptcy proceedings have 

 on a man's debts, particularly upon the 

 question of collecting an old debt after 

 the debtor has gone through bank- 

 ruptcy: — 



Baltimore, Md. 



We have a customer who, before he got 

 mixed up iu some mining deals, did a large 

 business and used to buy large quantities 

 of goods from us. For several years he 

 paid promptly, usually discounting. A year 

 ago he became involved and finally went 

 into bankruptcy, owing us about $1,500. It 

 was a bad failure, we only getting about 

 13 per cent. His bankruptcy case is closed 

 and he has been doing business again in 

 his own name for several months. When 

 he again went into business he came to us 

 and asked for credit. Naturally we were 

 not very desirous of extending it to him, 

 after having been mulcted by that large 

 sum, but the man had good backing and 

 some chance of inheriting a large sum of 

 money, so we agreed to give him a small 

 line, provided he would agree to pay off 

 the balance of the old account. It was bis 

 own proposition to do this, and he agreed 

 to do it before two witnesses besides my- 

 self. The promise was to do it within six 

 months, and on the strength of this we ex- 

 tended him the credit. The six months ex- 

 pired last week and we made demand on 

 him for the money. He paid no attention, 

 and after repeated letters he came to our 

 office and said that when he made the 

 promise he did not know tliat his bank- 

 ruptcy excused him from the debt. He said 

 he could not pay and bad no intention of 

 paying, as his bankruptcy closed every- 

 thing up. Please advise whether we have 

 anv chance of getting anything. 



E. K. MULLEXOW & BRO. 



You have an exceedingly good 

 chance, if the man has anything. If 

 he has nothing now, but is likely to 

 have, I should get judgment against 

 him and wait till something comes 

 into his hands. 



A bankrupt can always make him- 

 self responsible for his old debts, after 

 he has been discharged in bankruptcy, 

 if he chooses to. If he does choose to, 

 he is just as liable as if he had never 

 gone through bankruptcy. 



Ordinarily bankruptcy proceedings 

 operate to relieve a bankrupt debtor 

 from liability from all debts which are 

 provable against him, even though 

 they were not proved against him dur- 



NON-KINK WOVEN HOSE 



In any length (one piece) 

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 price. Remnants, shorter 

 than 50 feet, 10c. per toot, 

 with couplings. 



HOSE VAIVE — 70o. 



All brass except the hand 

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 vents leaks at stem. 



METROPOLITAN^MATERIAL CO. 



1392-1414 Metropolitan Ave., Brooklyn, N. T. 



ing the bankruptcy proceedings. It is 

 the place of the creditors of a bank- 

 rupt to come forward and file their 

 claims. If they fail to do it, they are 

 out. 



Bankruptcy proceedings do not wipe 

 off all classes of debts, however. For 

 example, an obligation to pay ali- 

 mony; or the lien of a recorded judg- 

 ment, or attachment, or mechanic's 

 lien, or mortgage; or a vendor's lien; 

 or debts incurred by fraud; or liability 

 to pay somebody damages. Debts of 

 these classes are left alive by bank- 

 ruptcy and can be collected just the 

 same after as before. But the ordi- 

 nary commercial debt such as money 

 due for goods sold and delivered, is 

 wiped out, whether the creditor comes 

 forward and puts in a claim or not. 



But it can be revived again it the 

 debtor wants to revive it. Bankruptcy 

 proceedings don't extinguish the debt; 

 I was a little inaccurate when I said it 

 was "wiped out." Bankruptcy merely 

 prevents a creditor from collecting the 

 debt. The debt still exists as a moral 

 obligation. It is the same with a debt 

 outlawed by time — it is not dead, but 

 sleepeth, and it can be revived. The 

 creditor is simply deprived of his rem- 

 edy. 



How can such a debt be revived? 

 By a new promise. The promise 

 which this Baltimore correspondent's 

 customer gave is precisely the sort of 

 promise that revives an old debt. Al- 

 though in this particular case it did 

 have consideration — the agreement to 

 grant new credit— it needed no new 

 consideration at all. The existence of 

 the old debt as a moral obligation sup- 

 plied the consideration. 



The promise need only be express, 

 positive and unconditional. "I guess 

 I'll pay that off," is not enough. "I 

 know I owe it," is not enough. "I'll 

 fix you up some time," is not enough. 

 "I'll pay that old debt as soon as I'm 

 able," is enough if you can prove that 

 the debtor has become able. 



Except in a few states the promise 

 does not even have to be in writing. 

 It does have to be in writing in the 

 following: Arkansas, Georgia, Ken- 

 tucky, Maine, Massachusetts, Michi- 

 gan, New York, North Carolina, Penn- 

 sylvania, South Carolina, Texas and 

 Vermont. In all states it is always 

 better to get it in writing, but very 

 often that is not practicable. It would 

 put the debtor on his guard. Often 

 former bankrupts will make such 

 promises in the belief that they won't 

 hold. To ask them to put them in 

 writing would spoil the whole thing. 



So that this Baltimore correspon- 

 dent can collect his money — if his 

 debtor has anything to pay with— and 

 so can any other creditor who can in- 

 duce his former bankrupt debtor, after 

 his discharge in bankruptcy, to prom- 

 ise tc pay.— (Copyright, Julv, 1916, 

 by Elton J. Buckley.) 



GREENHOUSES BUILDING OR CON- 

 TEMPLATED. 



Jefferson, Wis. — Arthur Rathjen, one 

 house. 



Louisville, Ky. — William Walker Co., 



rebuilding. 



Anderson, Ind. — Union Traction Co., 

 house 25x60. 



West Bend, Wis. — Harrison Ashman, 

 three houses. 



Storm Lake, la. — Munson Green- 

 houses, addition. 



Irvington, N. J. — R. F. JoUey, one 

 house, completed. 



Hutchinson, Kan. — Underwood 

 Greenhouse Co., additions. 



Wichita, Kan.— Colleitie & Hondrox, 



range of vegetable houses. 



Denver, Colo.— A. C. Toothaker, 400 

 Josepliine street, one house. 



Bexley, O.— R. E. Myers, East Main 

 street, house 30x125, completed. 



New Bedford, Mass. — Herbert V. 

 Sowie, 249 Bowditch street, one house. 



Hackettstown, N. J.— Centre Street 

 Greenhouses, additions and alterations. 



Manitowoc, Wis.— R. C. Milski, 711 

 North Sixth street, one house, com- 

 pleted. 



Wilmington, Del.— H. G. Haskell, 

 Pennsylvania avenue and Mt, Salem 

 Lane, Hitchings house. 



Cazenovia, N. Y.— Cazenovia Green- 

 houses, Chenango St., two hou.ses, each 

 32x150, and propagating house, com- 

 pleted. 



DREER'S 



Florist Specialties. 



Xlw BraoM. New Style. 

 Hose "RIVERTON." 



t urnished in lengths up 

 to 500 (t. without seam or 



TheHOSEforthe FLORIST 



>i inch, per ft., 15 c, 

 i:':-el of 500 ft" " H%c. 

 2 Reels, 1000 ft., " 24 c. 

 Jt-inch, •* 13 ;. 



Reels, 500 ft., *' i3$(c. 

 Couplings furnished 



RENRr K DREER, 



714 Chestnut St., 

 Philadelphia, Pa. 



— STANDARD FLOWEr- 



U yoar Kreenhoniei »r» within 000 

 mllet of tbe Capitol, writ* di, wo can 

 uiTe yoa monoj. 



W. H. ERNEST 



■^ Mtk • M M*»^ WHhIartoa, D. O. — 



TBB FLOKISTS' HAIL ASSOOlA'nOH 

 ta a matoal •rcanlaatsoai, laaartiig tmm- 

 %tmm claaa asaluat hall. Both coaaaMRtal 

 *mt ^late atabllahmanU ara aeeaptad. 

 Far partlealan, tAtrmm 



J*lai O. Brter, Sec,, 



«•« 



mvM-,N.i. 



