Re Hayes, A Bankrupt

• Jurisdiction: Ireland
• Judgment Date: 17 January 1899
• Date: 17 January 1899
• Court: Queen's Bench Division (Ireland)

Q. B. Div., Bankruptcy.

Before BOYD, J.

IN RE HAYES,

A BANKRUPT

Holderness v. Rankin 29 L. J. (N. S.) Ch. 753.

In re Ginger; Ex parte the London and Universal BankELR [1897] 2 Q. B. 461.

In re Mills' TrustsELR [1895] 2 Ch. 564.

In re StanleyUNK 17 L. R. Ir. 487.

Joy v. Campbell 1 Sch. & Lef. 328.

Lingham v. BiggsUNK 1 B. & P. 83.

Muller v. MossENR 1 M. & S. 335.

Reynolds v. BowleyELR L. R. 2 Q. B. 474.

Spackman v. MillerENR 12 C. B. (N. S.) 659.

Bankruptcy — Bill of sale — Payment by instalment — Bankruptcy before default — Reputed ownership — Consent of true owner — 20 & 21 Vict. c. 60, s. 313 — 46 Vict. c. 7, ss. 7, 15.

Q. B. Dir. IN RE HAYES, A BANKRUPT (1). Bankruptcy. 1899. Bankruptcy—Bill of sale—Payment by instalment—Bankruptcy before default Jan. 17. —.Reputed ownership—Consent of true owner-20 21 Vict. c. 60, s. 313 —46 Vict. c. 7, ss. 7, 15. Where a person is in possession of certain chattels, of which he has executed a bill of sale, and is subsequently adjudicated a bankrupt, before making any default in payment of the sum thereby secured, such chattels are to be deemed to be in the order and disposition of the bankrupt, with the conÂsent of the true owner, within the meaning of sect. 313 of the Irish Bankrupt and Insolvent Act, 1857 (20 & 21 Vict. c. 60). In re Ginger ; Ex parte the London and Universal Bank ([1897] 2 Q. B. 461), disapproving of In re Stanley (17 L. R. Ir. 487), followed and approved. THIS was an application on behalf of the assignees to have it declared that certain chattels should be deemed to be in the order and disposition of the bankrupt, with the consent of the true owner, within the meaning of section 313 of the Irish Bankrupt and Insolvent Act, 1857 (20 & 21 Vict. c. 60). On November 10th, 1897, Jeremiah Hayes, a leather merchant residing in Waterford, gave to Eugene O'Callaghan & Sons, of George's-street, Limerick, merchants, a bill of sale over certain shop goods specifically enumerated in a schedule thereto, to secure the sum of £72 9s. 5d., being the amount of a judgment and costs recovered by them against him. The principal sum thus secured, together with interest, was made payable in one instalment on the 5th November, 1898, and the bill of sale further contained the following proviso :—" Provided always that the chattels hereby assigned shall not be liable to seizure, or to be taken possession of by the said Eugene O'Callaghan & Sons, for any other cause than those...