In re CLINT
Ex parte MORTON
Partners - Joint Estate - Separate Estate -
Nov 9 1873
Henry Clint and D.B. Morton were in partnership
as shipchandlers at Liverpool. Henry Clint had been made a bankrupt,
and the question now raised was whether certain shares in ship companies
standing in the name of H. Clint were his separate estate or were
part of the partnership assets. Each partner had a similar number
of shares in the companies, and the Chief Judge Bacon held on the
evidence, and on the manner in which the accounts as to these shares
had been kept in the books of the partnership, that they were assets
of the partnership.
Morton appealed.
Little, Q.C. and Bigham, for the appellant.
De Gex, Q.C. and W.H. Butler, fort he trustee of Clint's
estate.
Their Lordships held that the manner in which the accounts had been
kept, and had been adopted by the partners, shewed that they intended
the shares standing in the name of each partner to be his separate
estate.
Solicitors: Wynne; Chester, Urquhart, & Co.
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Bankruptcy - Dec 8
Ex Parte BOLLAND
In re CLINT
Marriage Settlement - Fraud on Creditors- Covenant by Trader to settle
all Property which he should be possessed of or acquire in any way during
the Coverture - Subsequent Bankruptcy.
This was an appeal from a decision of the judge
of the Liverpool County Court.
Henry Clint, a trader, married on the 8th of April 1868. The previous
day he executed a settlement by which he assigned to the trustees on
the trusts declared by the settlement policy of insurance on his life
and some furniture. He also covenanted with the trustees to convey and
assure to them upon the trusts thereby declared all future real or personal
estate which he should at any time during the coverture be possessed
of or entitled to, or should otherwise acquire by devolution, gift,
devise, bequest, purchase, accumulation, or otherwise howsoever.
In April 1870, he purchased twenty-five shares in a joint stock company.
In February 1873, he was adjudicated a bankrupt. The shares were still
registered in his name, but the certificates were in the possession
of the trustees of the settlement. The trustee under the bankruptcy
applied to the Court for an order for the delivery of the certificates
up to him, and a declaration that the shares formed part of the property
of the bankrupt. The judge held that the settlement was good against
the creditors, and refused the application. The trustee appealed.
Little, Q.C. and Bigham, for the trustee.
De Gex, Q.C. and Butler, for the trustee of the settlement.
The Chief Judge held that the settlement was a fraud on the creditors,
and made the order asked for by the trustee.
Solicitors: W.W.Wynne; Chester, Urquhart, & Co.
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