Green and Sons Ltd v Gogarty

CourtSupreme Court (Irish Free State)
Judgment Date01 January 1926
Date01 January 1926
H. C.,
I. F. S.,
Green and Sons

Arrangement in bankruptcy - Joint and several promissory notes - Secured by surety - Failure to pay -Acceptance of dividend in a second arrangement -Liability of surety - Bankruptcy (Ireland) Act, 1872, ss. 59, 64.

An arranging debtor carried a composition payable by six instalments, the last two of which were secured by promissory notes signed by debtor and the defendant as surety. The debtor having made default entered into a second arrangement in which the plaintiffs proved for amounts due on the said promissory notes not met, made by the debtor and, as regards the last two notes, by the defendant. Plaintiffs received a dividend in the second arrangement and now claimed against the defendant foramount due on the last two notes less one-half of dividends paid in the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT