Re M'Manus a Bankrupt

Judgment Date08 February 1858
Date08 February 1858
CourtCourt of Bankruptcy and Insolvency (Ireland)

Banktcy., & c.

In re M'MANUS a Bankrupt.

Ex parte Carter 2 Glyn & Jam. 233.

Ex parte Moore 2 Glyn & Jam. 166.

Ex parte Ellis 2 Glyn & Jam. 312.

Ex parte Grazebrook 2 D. & C. 186.

Farrar v. DeflineENR 1 Car. & Kir. 580.

Ex parte Carpenter Mont. & M'A. 1.

82 CHANCERY REPORTS. 1868. Banktey., tc. • Feb. 8. A was a dor. Tins was a meeting for the proof of a debt of Doctor Middleton, mant partner with the bank. for 1300. rapt, and re tired without The bankrupt, previous to the year 1855, had carried on business any settlement of accounts, as a draper in Mullingar. In July 1855, he entered into partner and took a bond for 300. ship with Dr. Middleton, in the grocery and spirit business. Dr. One creditor Middleton advanced 300, and the bankrupt 200, as the capital knew of his being part- stock of the partnership. Dr. Middleton's name was not used, the ner, but never received any business being carried on under the style of "Hugh M`Manus and notice of the dissolution, Co. ;" but it was known to some persons that Dr. Middleton was in and supplied goods to the partnership with the bankrupt. In July 1856, Dr. Middleton dis supposed firm, on the faith of solved partnership with the bankrupt ; but the dissolution was not the partnership continuing. - gazetted, nor was any notice given to the creditors. No accounts Held, notwith- were settled between the bankrupt and Dr. Middleton ; but the standing, that A was entitled bankrupt gave Dr. Middleton a bond for 300, with interest at the to prove, on the estate of rate of 8 per cent. per annum. Dr. Middleton had advanced the bankrupt, for the entire money to the bankrupt, subsequently to the dissolution, and he now amount. claimed to prove for 1300, including the bond for 300. Messrs. Statement. Baker & Wardell, creditors of the bankrupt, proved that they had known Dr. Middleton to be a partner of the bankrupt at the time when he really was a partner ; that they had, since the alleged disÂÂsolution, sold goods to the firm of " Hugh M'Manus & Co.," on the faith of a partnership still subsisting between Dr. Middleton and the bankrupt, and that, up to the filing of the petition of bankruptcy, they believed Dr. Middleton to be a partner. No other creditor, however, deposed to having sold goods on the faith of such partnerÂÂship subsisting. The name of " Hugh McManus & Co." had been continued until recently before the bankruptcy, which took place in November 1857. * Coram MACAN, CHANCERY REPORTS. 88 Mr. D. C...

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