Re Shaw, A Bankrupt

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

Bankruptcy.

RE SHAW, A BANKRUPT.

Ex parte Lovering, In re JonesELR L. R. 9 Ch. App. 621.

Ex parte Watkins, In re CoustonELR L. R. 8 Ch. app. 520.

Emerson v. Barnett, Re Hawkins 20 W. R. 110.

Ex parte Stooke, Re Bampfield 20 W. R. 925.

Hamilton v. BellENR 10 Ex. 545.

Ex parte Powell, In re Mathews 1 Ch. Div. 501.

Ex p. Watkins, in re CoustonELR L. R. 1 Ch. App. 528.

Ex parte Vaux, In re Couston & Co.ELR L. R. 9 Ch. App. 602.

Order and disposition of bankrupt — Reputed ownership — "The hiring system" — Billiard-tables — General custom — 20 & 21 Vict. c. 60, s. 313.

632 THE IRISH REPORTS. Bankruptcy. RE SHAW, A BANKRUPT. 1877. Order and disposition of bankrupt-Reputed ownership-" The hiring sys Nov. 9, 23. tem"-Billiard-tables-General custom-20 4.21 Viet. e. 60, a. 313. The proprietor of a hotel made an agreement with billiard-table makers to take from them on hire a billiard-table, which was to become his absolute proÂÂÂperty after the regular payment of certain monthly instalments, but, until the sum agreed upon had been paid, the property was to remain in the makers, and, upon default in payment of any instalment, they might resume possession : the hirer paid one instalment, but, before the second became due, he was adjuÂÂÂdicated a bankrupt : on motion by the assignees under the order and disposition clause of the Bankruptcy and Insolvent Act, 1857, and no general custom of such a system of hiring having been proved :-Held, that the billiard-table was in the order and disposition of the bankrupt with the consent of the true owner, and was therefore, by s. 313 of 20 & 21 Vict. c. 60, the property of the assignees. MOTION by the assignees under the order and disposition clause of the Bankruptcy and Insolvent Act, 1857. The arguments and the facts are fully stated and observed upon in the judgment. Mr. Seeds, Q. C., in support of the motion, cited Ex parte Love-ring, In re Jones (1). Mr. Cronlielm, contra, cited Bankrupt and Insolvent Act, 1857 ; s. 313 ; Ex parte Watkins, In re Couston (2) ; Emerson v. Barnett, Re Hawkins (3) ; Ex parte Stooke, Re Bampfield (4) ; Hamilton v. Bell (5) ; Ex parte Powell, In re Mathews (6). Nov. 23. MILLER, J. :- The bankrupt had been the proprietor of the Burton Hotel and Restaurant, and, prior to his bankruptcy, he entered into an agreeÂÂÂment of the 10th of January, 1877, with Harris & Son, billiard-table makers, whereby they agreed to let, and he agreed to take, on hire as from the 1st of January, the billiard-table put up by them (1) L. R. 9 Ch. App. 621. (2) L. R. 8 Ch. App. 620. (3) 20 W. R. 110. (4) 20 W. R. 925. (5) 10' Ex. 545. (6) 1 Ch. Div. 501. EQUITY SERIES. VOL. XL] 633 in his billiard-room, with the fittings and appliances, at the rate of Bankruptcy. £7 per month, to be paid on the 1st day of each month, and that 1877. when he should have thus paid up the full sum of £135, the table, Re fittings and appliances should become his absolute property ; but SHAW. if, in the meantime, he should at any time be seven days in arrear with the monthly payments, Harris & Son were to be at liberty to enter his premises, and terminate the hiring, and resume posÂÂÂsession, and remove said table, fittings and appliances; and that he should in no event have any right or property therein, and same should remain the absolute property of Harris & Son, subject only to the hiring, until he should have in manner aforesaid paid up and discharged the full sum of £135. The bankrupt had, beÂÂÂfore his adjudication, paid the hire for one month, and before any further sum was payable he was adjudicated bankrupt on the 20th of February, 1877, and at that time he was found in possession at his hotel of ;two billiard-tables, one of which he alleged that he had purchased, and that he held the other under the above...