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Re Hagan, a Bankrupt

Irish Jurist Reports (Digests) Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1935
Date01 January 1935
CourtCourt of Appeal (Northern Ireland)
[C. A., N.I.]
In re Hagan, a Bankrupt

Right of chargeant to prove simple contract debt -Consideration for charge - Merger - S. 53, Bankruptcy (Ireland) Amendment Act, 1872 (35 36 Vict. c. 58.

Appeal by the assignees of the bankrupt from an order of Brown, J., refusing an application by them for a declaration that T. B. and M. A. D. were not creditors of the bankrupt for the purpose of proof. The petitioning creditors, the Northern Banking Company, were judgment creditors of the bankrupt for £600 and interest due on foot of a continuing guarantee into which the bankrupt entered with the bank on 28th February, 1928, for the purpose of paying his son's debts. The two other claimants against the bankrupt's estate - T. B. and M. A. D. - claimed to be creditors for £300 and interest upon foot of six promissory notes executed by the bankrupt on 14th December, 1923, and upon foot of four promissory notes for £200 executed by the bankrupt the same date respectively. On 12th October, 1933, the bankrupt executed two deeds of charge upon certain lands of his whereby he charged such lands in favour of T. B. and M. A. D. (as security for his said promissory notes), these charges were duly registered on 19th October, 1933. On the same day as the execution of the charges, i.e.12th October, 1933, a writ of summons was issued at the instance of the Northern Banking Company against the bankrupt claiming payment of the sum and interest due on foot of the continuing guarantee. Judgment was entered on foot thereof on 26th October...

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