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Colonial Cases

Anglo-Palestine Bank v. Syndicate of Barsky’s Bankruptcy, 1932

[bankruptcy]

Anglo-Palestine Bank v. Syndicate of Barsky's Bankruptcy

District Court, Jerusalem
1932
Source: The Palestine Post, 4 December 1932

 

IN THE COURTS

THE DISTRICT COURT OF JERUSALEM SITTING AS A COMMERCIAL COURT

Friday, Dec. 2.  Before Judges De Freitas and Plunkett

 

Date of Cessation of Payment in Barsky's Bankruptcy disputed

The Anglo-Palestine Bank

v

Syndic of Barsky's Bankruptcy

   Judgment was reserved in this application, whereby the Anglo-Palestine Bank sought to oppose the date which had been fixed as the date on which Barsky has ceased payment of his debts.

   February 17, 1930 had been fixed as the date on which Barsky had ceased to pay his debts prior to the bankruptcy which was declared in 1932.  In May, 1930, however, he gave a pledge to the Anglo-Palestine Bank of all his chattels and furniture in thr Palace Hotel.  If the date of cessation of payment which had been fixed earlier is good, the deed of pledge would be null and void. The Anglo-Palestine Bank, therefore, applied to change the date from February to November 1930.

   It was argued by Counsel for the bank that up to the end of 1930 Barsky was, if not in a flourishing position, at any rate not so desperate as to make him virtually in a state of bankruptcy.  Books and documents were produced to that effect.  The Syndic, however, submitted that even before February, 1930, the bankrupt was in a hopeless financial state.  He produced a judgment against Barsky, given prior to that date which showed the desperate position he was in.  French authorities were quoted expensively by both sides.

   Mr. D. Auster appeared for the appellants; the Syndic, Mr. Eliash, in person.

 

Published by Centre for Comparative Law, History and Governance at Macquarie Law School