Ex parte John Brown. Cuthbert Smith Fenwick, a Bankrupt
| Jurisdiction | England & Wales |
| Judgment Date | 07 July 1849 |
| Date | 07 July 1849 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 619
HIGH COURT OF CHANCERY
[590] Exparte john brown. In the Matter of cuthbert smith fenwick, a Bankrupt. July 7, 1849. The amount of-a call made upon a contributory under the Joint Stock Companies Winding-up Act, 1848, before his bankruptcy may be proved against his separate estate by the official manager, although all the debts of the company are not paid, for which the contributory is liable. Where the direction of the Master had not been obtained before a proof was tendered by the official manager under a bankruptcy, but no objection was made on thi's 62Q EX PARTE BROWN 3 DE G. & SM, 591. ground to the admission of the proof before the commissioner, and the Court, on appeal, was satisfied that the proceeding was not disapproved of by the Master: Held, that it was not competent to the assignees to object, on appeal from the commissioner's decision, that the Master's approbation had not been obtained before the proof was,tendered. This was the petition of a creditor seeking to expunge a proof made for a call under the Joint Stock Companies Winding-up Act, the assignees having declined to appeal from the admission of the proof. The fiat issued on the 24th of January 1849, on the bankrupt's own petition, directed to the Newcastle-upon-Tyne District Court of Bankruptcy. Prior to and up to the time of his bankruptcy the bankrupt was a shareholder in the North of England Joint Stock Banking Company, which was then, in course of winding up, under the Joint Stock Companies Winding-up Act, 1848, and his name had at that time been placed on -the list of contributories of the company. At the meeting held for the choice of assignees, on the 15th of February 1849, a debt of 11,739,11s. 3d. was proved against the joint estate of the bankrupt, by the manager of the Central Bank of Scotland, on a judgment recovered against the North of England Joint Stock Banking Company; and, by virtue of this proof, the Central Bank of Scotland voted in and carried the choice of assignees. At the same meeting the official managers of the North of England Joint Stock Banking Company applied to prove for the sum of 4918, 9s. lid., the amount of the balance due in respect of the call in question. The affidavit of the official managers, in support of the proof, stated that the bankrupt was a shareholder of and partner in the North of England Joint Stock Banking Company at and before the date of the stoppage of the company down to the date of the fiat, and during all that time held 200 shares therein and that the company, on the 8th of March 1847, stopped payment, and had not since incurred any new debts or liabilities, except what was necessary and requisite for the purpose of winding up the concerns; and that the company [591] was in the course of winding up its concerns at the date and issuing of the fiat. The affidavit then stated the winding-up order and the proceedings under it; and that, after debiting the said C. S. Fenwick with the amount of the call, there was a balance due from him of 4918, 9s. lid., which had not yet been paid by him; and that the Master had made the following balance order under the Act:- "29th December 1848.-In the matter of the Joint Stock Companies Winding-up Act, 1848, and of the North pf England Joint Stock Banking Company, I, James W. Farrer, the Master of the High Court of Chancery, charged with the winding up of this...
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Ex parte Nicholas's Assignees; Jacob Jenkins Nicholas, a Bankrupt; The Monmouthshire and Glamorganshire Banking Company; and The Joint Stock Companies Winding-up Acts, 1848 and 1849
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Chapple's Case
...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 Staffordshire Railway Company v. Bwrnside (5 Exch. 129) and......