Green and Sons Ltd v Gogarty

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1926
• Date: 01 January 1926

H. C.,

I. F. S.,

Green and Sons

Limited

and

Gogarty

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...