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
| Jurisdiction | England & Wales |
| Judgment Date | 29 July 1852 |
| Date | 29 July 1852 |
| Court | High Court of Chancery |
English Reports Citation: 42 E.R. 876
BEFORE THE LORDS JUSTICES.
S. C. 21 L. J. Bk. 64; 17 Jur. 6. See Hastie's case, 1869, L. R. 4 Ch. 278.
[271] Ex parte nicholas's assignees ; In the Matter of jacob jenkins nicholas,. a Bankrupt; In the Matter of the monmouthshire and glamorganshire: banking company; and In the Matter of the joint stock companies-winding-up acts, 1848 and 1849. Before the Lords Justices. July 29, 1852. [S. C. 21 L. J. Bk. 64 ; 17 Jur. 6. See Haslie's case, 1869, L. E. 4 Ch. 278.] A shareholder in a joint stock banking company became bankrupt. Afterwards ait order for the winding up the affairs of the banking company was made. Subsequently the bankrupt obtained his certificate, and his name was afterwards included in the list of contributories. On a call being afterwards made, the official manager, by the Master's direction, applied to prove for the balance due from the bankrupt after debiting him with the call. Held, that the proof ought to have been admitted. This was an appeal from the rejection by the Commissioner of a proof for the amount of a call made under the Joint Stock Companies Winding-up Acts. [272] The bankrupt, Mr. Nicholas, was the holder of 50 shares in a joint stock banking company, called the Monmouthshire and Glamorganshire Banking Company, and had executed the company's deed. On the 6th of October 1851 the company stopped payment. On the 6th of November 1851 Mr. Nicholas was found a bankrupt. On the 13th of January 1852 an order was made under the Joint Stock Companies Winding-up Acts for winding up the affairs of the company. On the 7th of February 1852 the bankrupt obtained his certificate, and a dividend of 10s. 6cl. in the pound was declared on his estate. On the 8th of May 1852 the Master settled the list of contributories as regarded the bankrupt, by including therein hia name in respect of his 50 shares, with ther 3DBO.JLftB..17i EX PARTE .NICHOLAS 877 following qualification :-" A certificated bankrupt not personally liable, but included in the list for the purpose of being represented by his assignees, and for the purpose of enabling the official manager to tender proof of calls in the matter of his bankruptcy." On the 10th May 1852 the Master made an order for a call of 60 per share upon the bankrupt's shares, and directed the official manager to tender under the bankruptcy against the estate of the bankrupt, the proof now in question for 3000, being for the balance due from the bankrupt upon debiting him in the company's books with the call. The proof was tendered accordingly, and rejected by the Commissioner. The assignees had appealed against the order directing the call...
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