M'Aloon v M'Aloon

• Jurisdiction: Ireland
• Judgment Date: 14 March 1900
• Docket Number: (1893-No. 24. 1893-No. 125.)
• Date: 14 March 1900
• Court: Chancery Division (Ireland)

M'ALOON

and

M'ALOON.

(1893 — No. 24. 1893 — No. 125.)

Chancery Division

Administration — Trading by administrator — Public-house — Rights of creditors of intestate and subsequent creditors of administrator.

Brooke v. BrookeELR [1894] 2 Ch. 600.

Dowse v. GortonELR [1891] A. C. 190.

Hodges v. HodgesIR [1899] 1 I. R. 480.

Morris v. Latchford 23 L. R. I. 333.

M'ALOON v. M'ALOON. v.-c. 1900. (1893—No. 24. 1893—No. 125.) Feb. 16. March 14. Administration—Trading by administrator—Public-house—Rights of creditors of intestate and subsequent creditors of administrator. On the death intestate of a publican and grocer his administratrix carried on the business, maintaining the intestate's family out of receipts therefrom, and continued such trading after decree for administration without any order authorizing her so to do. There were still unpaid creditors of the intestate, and the administratrix was in default. Creditors in respect of goods supplied for the business after decree held not entitled to prove against the assets in priority to creditors of the deceased, or otherwise. APPLICATIONS, by certain creditors of Sarah WAloon and James Bogue in respect of trading carried on by them as the administrators of Andrew 14.‘Aloon, whose estate was being administered in Court, that the applicants' debts might be declared payable out of the assets of the deceased in priority to his creditors, and that if necessary the applicants might be at liberty to prove in respect of their said debts. The circumstances under which the applications were made are stated in the judgment of the Vice-Chancellor. The order for the administration of the estate was made on the 24th January, 1893. The applicants' debts were incurred in 1895, 1896 and 1898. Sarah M'Aloon was found indebted to the estate on her account, and she had failed to bring in the certified balance, though ordered so to do. The licensed premises had been sold in 1899, under an order in the suit. Sarah ll'Aloon and John Bogue had. failed to pay rents to which the property of the intestate was subject, and arrears of same had been paid out of the proceeds of the sale. Affidavits in support of the applications stated that with a view to the ultimate realization of the licensed premises and business it was necessary that same should be carried on as a going concern, and the business was from the death of the intestate 2 G 2 368 THE IRISH REPORTS. [1900. V.-C. carried on by Sarah M'Aloon...