Thomas Moroney, A Bankrupt(1)

• Jurisdiction: Ireland
• Judgment Date: 11 February 1887
• Date: 11 February 1887
• Court: Chancery Division (Ireland)

Appeal.

IN THE MATTER OF THOMAS MORONEY, A BANKRUPT(1)

Cadogan v. KennettUNK Cowp. 432. D 2

Re WoodELR L. R. 7 Ch. App. 302; 20 W. R. 403.

Cotton v. JamesENR 1 M. & M. 273.

Isitt v. BeestonELR L. R. 4 Exch. 159.

Wood v. Dirie 7 Q. B. 892.

Hale v. Saloon OmnibusENR 4 Drew. 492.

Bott v. SmithENR 21 Beav. 511.

Holbird v. AndersonENR 5 T. R. 235. 238.

Atton v. Harrison L. R. 4Ch. App. 622. 626.

Pickstock v. LysterENR 3 M. & S. 371.

Young v. WaudENR 8 Exch. 221.

Gibbins v. phillipsENR 7 B. & C. 529.

Allen v. BonnettELR L. R. 5 Ch. App. 577.

Ex parte Stubbins; re Willcinson 17 Ch. Div. 58.

Bunyard v. SeabrookENR 1 F. & F. 321.

Holt v. KellyUNK 13 Ir. L. R. 33.

Baxter v. Pritchard 1 Ad. & Ell. 456.

Re M'CueDLTR 12 Ir. L. T. R. 37.

Ex parte HallidayELR L. R. 8 Ch. App. 283.

Alderson v. TempleENR 4 Burr. 2240.

Ex parte PearsonELR L. R. 8 Ch. App. 667.

Worsley v De MattosENR 1 Burr. 467.

Ex parte Mayou 34 L. J. Bkey. (N. S.)25.

Bott v. SmithENR 21 Beav. 511.

Ex parte HallidayELR L. R. 8 Ch. App. 283.

Butcher v. SteadELR L. R. 7 H.L. 839.

Baxter v. pritchard 1 Ad. & Ell. 456.

Cook v. caldecottUNK 1 Moo & M. 456.

Lee v. HartENR 10 Exch. 555; affirmed on appeal 11 Exch. 880.

Pennell v. ReynoldsENR 11 C. B. (N. S.)709.

Jenkyn v. VaughanENR 3 Drew. 149, 424.

Isitt v. BeestonELR L. R. 4 Exch. 159.

Taylor v. Bowers I. Q. B. Div. 291.

Ex parte PearsonELR L. R. 8 Ch. App. 667.

In re WoodELR L. R. 7 Ch. App. 302.

In re BoydUNK 15 L. R. Ir. 521, 534.

Barling v. BishoppENR 29 Beav. 417.

In re M'CueDLTR 12 Ir. L. T. R. 37.

Ex parte HallidayELR L. R. 8 Ch. App. 283.

Wood v. Dixie 7 Q. B. 892.

Allon v. HarrisonELR L. R. 4 ch. App. 622.

M'CueDLTR 12 Ir. L. T. R. 37.

Ex parte Pearson Ibid. 667.

Bott v. SmithENR 21 Beav. 511.

Smith v. Cannan 2 Ell. & Bl. 35.

Re WoodELR L. R. 7 ch. App. 302.

Jenkyn v. VaughanENR 3 Drew. 419.

Wood v. Dixie 7 Q. B. 892.

Twyne's CaseUNK 3 Rep. 80 b.

Hale v. The Saloon Omnibus CompanyENR 4 Drew. 492.

Ex parte PearsonELR L. R. 8 Ch. App. 673.

Holbird v. AndersonUNK 5 Term Rep. 235.

Pickstock v. Lyster 3 M. & Selwyn, 371.

Darvill v. TerryENR 6 H. & N. 807.

Alton v. Harrison L. R. 4 Ch. Ap. 622.

Stebert v. SpoonerENR 1 M. & W. 714.

Holbird v. AndersonENR 5 T. R. 238.

Alton v. Harrison L. R. 4 Ch. Ap. 622.

Coulston v. Gardiner 3 Swanst, 279.

Blenkinsopp v.BlenkinsoppENR 12 Beav. 568; on appeal 1 De Gex. M & G 496.

Bott v. SmithENR 21 Beav. 511.

Barling v. BishoppENR 29 Beav. 417.

Wood v. Dixie 7 Q. B. 892.

Tuyne's CaseUNK 3 Rep. 80 b.

Cadogan v. KennettENR 1 cowp. 432, 434.

Ex parte Pearson, In re MortimerELR L. R. 8 Ch. App. 667, 675.

Cadogan v. KennettENR 1 cowp. 432.

Re woodELR L. R. 7 ch. App. 302.

Ex parte HallidayELR ?L. R. 8 Ch. App. 283.

Ex parte Pearson Ibid. 667.

Jenkyn v. VaughanENR 3 Drew, 419.

Bankruptcy Fraudulent transfer of property Intent to defeat only one creditor 10 Chas. 1 (Ir.), sess. 2, c. 3, s. 10 Landlord and tenant Plan of Campaign".

VOL. XXI.] CHANCERY DIVISION. is not sufficient, and I must make absolute the conditional order, -with costs. The petition must be amended, stating the pending proceedings. 27" Monroe, 1888. In re CHAILBRE'S ESTATE. Solicitors for the plaintiff : Messrs. Hardman 4. Son. Solicitors for the petitioner : Messrs. J. H. Moore 4. Son. IN THE MATTER OF THOMAS MORONEY, A. BANKRUPT (1). Appeal. 1887. Bankruptcy - Fraudulent transfer of property - intent to defeat only one Feb. 4, 7, 9, creditor-10 Chas. 1 (Ir.), seas. 2, c. 3, s. 10-The Bankruptcy (Ireland) 10, 11. Amendment Act, 1872 (35 4^ 36 Vict. c. 58), sect. 21, sub-sect. 2-Landlord and tenant-" Plan of Campaign." M., who was a fanner and trader, holding a farm under 0., at the yearly rent of 85, was, with six other tenants on the same estate, served, on the 7th December, 1886, with a writ for one year's rent, due up to the previous 29th September. A sale by public auction of the tenants' cattle was thereupon announced, pursuant to a published scheme known as the "Plan of Campaign," with which words the posters for the sale were conspicuously headed. The "Plan" was an organized quasi-political combination among agricultural tenants in parts of Ireland, according to which (among others of its provisions) where a landlord refused to accept the rent due to him, subject to such reducÂÂtion as his tenants agreed among themselves to demand, the amount of the rent so reduced was to be lodged by the tenant with a managing committee, who, " taprevent any attempt at a garnishee," were to deposit the money with some person, whose name should be only known to the committee, the fund so formed to be at the committee's absolute disposal " for the purposes of the light." The "Plan" further recommended that any tenant served with a writ for rent should sell his cattle before judgment could be marked, and it pointed out in detail various modes by which a landlord endeavouring to assert his legal rights might be baffled. M.'s cattle were sold bona fide for 117, their n (1) The appeal was first argued '\ before LORD ASHBOURNE, C., and FITZ GIBBON and BARRY, L. JJ"., on the 4th and 7th February, when their Lo ships desired to have it re-argued be re the full Court, and the re-argu ment accordingly took place on the 9th and 10th February, before Lonn ASHBOURNE, C., SIR MICHAEL MORBIS, C.J., PORTER, M.R., FALLER, C.B., and FITZ GIBBON and BARRY, L.H. 28 LAW REPORTS (IRELAND). [L. R. I. Appeal. full value, at the auction, which was conducted from a platform specially 1887. erected, with a display of banners, and attended by a band of music. Shortly In re before the service of the writ upon him M. had paid to the local trustees of the MORONEY. " Plan of Campaign " 25 10s., which represented a half-yearly gale of his rent, less by 40 per cent., the abatement he claimed. On his public examinaÂÂtion in the Court of Bankruptcy he refused to state what he had done with the 117. He admitted then owing 500, and that he was unable to pay his creÂÂditors in full. He also stated that he had put all he possessed out of the reach of his landlord. M. having been adjudicated a bankrupt on the petition of 0. :- Reid, by the Court of Appeal (affirming the decision of Boyd, J.), that both the payment of the 25 10s, to the trustees of the "Plan of Campaign" and the sale of the cattle constituted acts of bankruptcy within sect. 21, sub-sect. 2 of the Bankruptcy (Ireland) Amendment Act, 1872 (35 & 36 Viet. e. 58). It is a fraud, within 10 Chas. 1 (Ir.), sess. 2, c. 3, s. 10, for a debtor, withÂÂout consideration, and with intent to defraud or delay a particular creditor, to part with any portion of his property. Wood y. Dixie (7 Q. B. 892) explained and distinguished. APPEAL by Thomas Moroney from the order of Boyd, J., of the 14th January, 1887, disallowing the cause shown against his order of the 30th December, 1886, adjudicating the appellant a bankrupt. It appeared from the proof of debt that the claim of the petitioning creditor Thomas De Courcy O'Grady, commonly called The O'Grady, was for 85, one year's rent due to him by Moroney, to the 29th September, 1886, out of part of the lands of HerbertsÂÂtown, county Limerick, held under a tenancy from year to year. It further appeared by the affidavit of trading that Moroney carried on the business of farmer, grocer, and publican, at HerbertsÂÂtown. An affidavit was also made by Jeremiah Shine, the petitioner's land agent, stating that on the 7th December, 1886, writs at the suit of the petitioner were served on seven of his tenants in the county Limerick (including Moroney), for recovery of one year's rent due by each of them respectively up to the 29th September then last ; that, subsequent to the service of the writs, the deponent saw notices posted up in the locality of an intended sale of cattle, on 14th December, at Herbertstown, and calling on the peopli4o attend, and that he believed those were the cattle of the same se 4:1A1 VOL. XXI.] CHANCERY DIVISION. tenants, and that the sale which was accordingly held on the 14th Appeal. was so held for the purpose of defeating the petitioner in the 1887. recovery of money lawfully due to him, and that the same was In re MOB.ONEY. a fraudulent transfer by Moroney of his property, pursuant to the " Plan of Campaign." The " Plan of Campaign " first appeared on the 23rd October, 1886, in United Ireland, a " Nationalist " newspaper, published in Dublin, and it was as follows :- "A PLAN OF CAMPAIGN. " A MEMO. FOR THE COUNTRY. " EXCEPT in a few districts of Ireland, evictions have not been so numerous during the past two months as in the earlier portions of the year. This is simply the annual breathing-time of the crowbar brigade. The long vacaÂÂtion' in the Superior Courts is, however, fast drawing to a close, and already the County Courts have resumed their quarterly sitting. Ejectment processes have been issued wholesale, writs of the Superior Courts will soon follow, and again the fell work of destruction will proceed. Irish homes, sanctified by many happy memories, will be unroofed ; Irish families will be scattered. One who has borne his part in the struggle of the past half-dozen years-who has seen almost every phase of the agitation-thinks it his duty at the present critical moment to offer to the Irish tenantry and their friends the following suggestions, as the result of his experience. Present rents, speaking roundly, are impossible. That the landlords will press for them let the rejection of Mr. Parnell's Bill testify. A fight during the coming winter is therefore inevitable, and it behoves the Irish tenantry to fight with a skill begotten of experience. The first question they have to consider is " How TO MEET THE NOVEMBER DEMAND. "In a few weeks at most the agents will issue invitations from the rent-office. There should not be an estate in Ireland where the tenants would not, by that time, have their minds fully made up as to the course they intend to pursue. To...