J. B. McPHERSOR, District Judge.I think there is much, force in the referee’s position that as the fund now being distributed is entirely the proceeds of insurance policies, and as the amount of the *352■fund was determined by an agreement. between tbe companies and .tbe respective parties insured concerning tbe value of tbe property lost, — an adjustment of tbe loss having been made on the basis of this appraisement, — no party should be permitted to increase now the valuation of his own property, and thus gain a larger share of the fund. It is the misfortune of the creditor now complaining that, .when he agreed to put a certain value upon his property, he supposed he should receive in cash the full amount of such valuation; but I see no way to relieve him. The other creditors did not agree that his consent to value his property at $125 should be treated as the repayment of the loan of $30 that had been made to him by the bankrupt when the piano was stored; and, in the absence of such an agreement, they have a right to insist that the loan shall be deducted from his dividend.
The decision of the referee must be affirmed.