The Victorian Reports Volume 24

The Victorian Reports Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...etc., Corporation was wound up voluntarily in October 1895, and on the 7th December 1896 an order was made by the Court ordering that the voluntary winding-up of the corporation should be continued subject to the supervision of the Court. The City of Melbourne Bank subsequently went into liquidation. The estate of C. H. James was sequestrated in 1897. The liquidator of the City of Melbourne Bank claimed to rank on the estate of the corporation in respect of these two promissory notes. The question of its right so to prove was now raised by this summons. Weigull for the liquidator of the City of Melbourne Bank in support of the summons. Mitchell for the liquidator of the Dominion Banking, etc., Corporation to oppose. Cm-. adv. vult. HODGES, J. The dispute in this case is which party is entitled to prove on certain promissory notes. The liability of the Dominion Bank is unquestioned, but the dispute is as to whether the City of Melbourne Bank is entitled to prove on these notes or whether the trustee of the estate of C. H. James is entitled to prove. The notes in question are two promissory notes, one for 4-,0OOl. due on the 29th August 1892, and the other for 7ll. due on same date. These notes were indorsed by C. H. James to the City of Melbourne Bank; that bank discounted the notes; the notes fell due and proceedings were taken upon them against S. Gardiner, who was the maker of the notes. Nothing resulted from these proceedings, though judgment was obtained, and thereupon the City of Melbourne Bank proposed to debit C. H. James'-1 account with the amount of these two notes. C. H. James at this time had an overdrawn account with the City of Melbourne Bank. He was communicated with and asked to sign a cheque and also a more

Product details

  • Paperback | 386 pages
  • 189 x 246 x 20mm | 685g
  • United States
  • English
  • black & white illustrations
  • 1236897331
  • 9781236897336