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Jepson, ex parte. [HIGH COURT of CHANCERY]

Nominate Series English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date18 December 1922
Date18 December 1922
CourtHigh Court of Chancery

English Reports Citation: 34 E.R. 501

HIGH COURT OF CHANCERY

Jepson, Ex parte

[224] jepson, Ex parte. August 1812. Ex Belatione.-Separate creditors not entitled to vote in the choice of assignees under a joint Commission of Bankruptcy. The Petition stated, that Knoll, Smith, and Williams, dissolved their partnership in 1810 ; since which time Knott and Smith had carried on business in partnership together, until a joint Commission of Bankruptcy issued in 1812 against all the three. Their joint creditors were five in number ; whose debts amounted to 2300. The joint creditors of Knott and Smith were more than, forty : their debts exceeded 8000; and their joint estate 6000. The Petition prayed, amongst other things, that the creditors of the two might be at liberty to vote in the choice of assignees under the Commission against the three ; to which the petitioning creditor under the Commission, consented. Mr. Wakefield, in support of the Petition, attempted to distinguish this case 502 PAXTON V. DOUGLAS 19 VES. JTJlf. 225. from the decisions in Ex parte Taitt (16 Ves. 193 see the notes, 194-; and 3 Ves. 243, Ex parte Elton), and the cases there referred to, against joint creditors, claiming to vote in the choice of assignees under a separate Commission against one of the partners : the joint creditors having no interest in the separate estate of any of the partners, until all his separate creditors have been fully paid. But in this case the estate of the two, in which their creditors arc in the first in-[22,5]~stance exclusively interested, will be submitted to the management of the creditors of the three, unless those of the two are admitted...

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