McGuinness v Hollinshead

JurisdictionIreland
CourtHouse of Lords (Ireland)
Judgment Date01 Jan 1921
H. of L.,
C. Re Mackay
McGuinness, Appellant, and Hollinshead
Respondent

Employment and allowance to bankrupt and his former clerk - Approbation of Court not obtained previously - Authority of Official Assignee - Practice - Creditors' assignee - Validity of payments - R. S. C. 1905, Or. XXXVIII., rr. 134-136, 200 - Bankrupt and Insolvent (Ireland) Act, 1857 (20 21 Vict., c. 60), ss. 55, 60, 65, 132 138, 276, 300-304.

The debtor, a practising solicitor, was adjudicated bankrupt in August, 1914, and in September 1914, the appellant was appointed creditors' assignee. From May, 1915, to October, 1917, the bankrupt was employed, and from July to November, 1916, C., a former clerk of the bankrupt, was also employed at weekly payments and commission allowances respectively to assist in administering the bankrupt's estate. No order of the Court or Judge was obtained sanctioning or authorising the employment of the bankrupt or of C. In May, 1919, the judge in bankruptcy made orders approving and confirming the employment of the bankrupt in administering the estate and of C.,and declaring the respondent's accounts audited. The Court of Appeal having affirmed those orders:—Held, that the employment of the bankrupt whose...

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2 cases
  • Re Redbreast Preserving Company
    • Ireland
    • High Court
    • 1 January 1958
    ...6 of the notice of motion. (1) [1932] I. R. 45 and [1934] I. R. 332. (1) [1916] 1 Ch. 161. (1) L. R. 5 H. L. 711 at p. 735. (2) 55 I. L. T. R. 89. (1) 9 Ch. Div. S.C.In re Redbreast Preserving Company (Ireland) limited in Liquidation Examination of witnesses under Companies (Consolidation) ......
  • Re Gibbons, a Bankrupt
    • Ireland
    • Supreme Court
    • 1 January 1958
    ...(1) 43 Ch. D. 185. (2) 9 Ch. D. 259. (1) 13 Ch. D. 123. (1) 13 Ch. D. 123. (1) Maguire C.J., Lavery, Kingsmill Moore and O'Daly JJ. (1) 55 I. L. T. R. 89. ...

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