Re M'W., an Alleged Bankrupt

• Jurisdiction: Ireland
• Judgment Date: 23 October 1877
• Date: 23 October 1877
• Court: Chancery Division (Ireland)

Bankruptcy.

RE M'W., AN ALLEGED BANKRUPT.

Harding v. WilliamsELR L. R. 1 H. L. 9.

Re Marquess Ir. R. 9 Eq. 93.

Parker v. M'HugoUNK Ir. R. 9 C. L. 265.

— Tort committed before — Judgment obtained after — Debt contracted before.

508 THE IRISH REPORTS. II. R. Bankruptcy. assignees under the deed of December, 1864, are not volunteers 1877' under the statute, and that the charge of the Bank must be dis Be missed as against them ; and, as they are innocent parties, with GREER, A BANKRUPT. costs, except such costs as I have already directed the trustees to pay to the Bank; but I will declare that the Bank is to have such costs along with their costs of proving their charge annexed to their demand, upon the ground that the bankrupt, through whom the assignees derive, should, when making his deposit of deeds with the Bank by way of equitable mortgage, apart from the fact or effect of registration, have specified what the particular interest in these premises was which he then proposed to pledge ; and in that respect I am not very clear that the Bank had such notice as -would have enabled them to form any definite opinion as to its effects upon the value of the deposit. Subject to the qualification as above, the charge of the Bank must be taken as proved, subject to an account as to the sum due ; and when the Bank applies for an order for the sale of the preÂÂmises, the interest of the trustees under the deed of December, 1864, can be sufficiently protected. Solicitor for Chargeants : Mr. J. Murray. Solicitor for Dischargeants : Mr. G. Bernard. Bankruptcy. 1877. Oct. 23. RE MiNV., AN ALLEGED BANKRUPT. " Debtors' Act (Ireland), 1872"-Tort committed before-Judgment obtained after-Debt contracted before. To sustain an adjudication against a non-trader, a judgment debt arising. out of a tort is insufficient, if the tort was committed before the psssing of the Debtors' Act, 1872 (6th August, 1872), although the judgment was obtained afterwards. Semble.-The interpretation clause of the Debtors' Act, 1872, is applicable to the provisions of the Bankruptcy Act, 1872. MOTION, on behalf of a non-trader, to show cause against the adjudication. The debt alleged to be due by the bankrupt was on a judgment founded upon a plaint issued on the 30th January, 1872, complaining of a trespass committed in June, 1869; and. Voi.. XI.] EQUITY SERIES. 50 final judgment was entered on the 3rd. October, 1872, for Bankruptcy. £6 15s. 6d. damages and £38 19s. 6d. costs...