Chapple's Case
| Jurisdiction | England & Wales |
| Judgment Date | 02 April 1852 |
| Date | 02 April 1852 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 1171
HIGH COURT OF CHANCERY
See Hastie's case, 1869, L. R. 4 Ch. 278.
[400] chapple's case. April 2, 1852. [See Hastie's case, 1869, L. R. 4 Ch. 278.] A joint stock company, completely registered, became bankrupt. One of the members of the company had previously been declared bankrupt, and had obtained his certificate. The Master placed the bankrupt's name on the list of contributories, and calls were made by the Master on him for contributions to discharge the liabilities of the company incurred before his bankruptcy. Held, on his appeal, that his certificate was a bar to the liabilities to satisfy which the calls were made; and that the bankrupt's name ought to l e removed from the list of contributories. This was a motion on behalf of Mr. Chappie that the decision of the Master, placing his name on the list of contributories of the Merchant Traders' Ship, Loan and Insurance Association as a shareholder who had executed the company's deed of settlement in respect of 100 shares, might be discharged or varied by placing the names of his assignees under his bankruptcy on the list in his place. The circumstances under which the company was formed, its bankruptcy and the proceedings under the Winding-up Acts, are stated in the preceding report of Lord Talbot's case. The following facts in reference to Mr. Chappie's liability are alone necessary to be stated. Mr. Chappie was one of the thirteen persons who executed the deed of settlement of the 5th of April 1847. He executed in respect of 100 shares, and he paid the deposit in respect of these shares. At Christmas 1847 the company was unable to meet its engagements, and ceased to carry on business. On the 8th of May 1848 the company was declared bankrupt. On the 6th of November 1848 Mr. Chappie, who continued to be the holder of 100 shares in the company, was declared bankrupt; and he obtained his certificate of conformity on the llth of January 1849. Mr. Bacon and Mr. Hoare, in support of the motion, cited Kuper's Assignees'- case (3 De G. & S. 113; and see Exparte Brawn, Re Fenwick, 3 De G. & S. 590). Mr. Roxburgh and Mr. Morris, for the official manager, [401] cited The South...
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