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Decisions of the Superior Courts of New South Wales, 1788-1899

Peek v. Anderson [1841] NSWSupC 28


Supreme Court of New South Wales

March 1841

Source: Sydney Herald, 30 March 1841

PEEK AND ANOTHER V. ANDERSON. - This insolvent had been remanded to amend his schedule, and to produce his authority and instructions for acting as the agent of the trustees of his estate, in winding up his affairs. The amended schedule was put in and the insolvent sworn to it, and Mr. Holden, Attorney, proved that in the deed of assignment a clause was inserted empowering the trustees to appoint the insolvent to act as their agent; also that after the deed had been executed a general meeting of the creditors was held who approved of this arrangement. His Honor said that the present was another instance of the absurd state of the present insolvent law, but he saw no reason for detaining Mr. Anderson, and having appointed Mr. John Hall assignee of the insolvent's personal estate, if it should appear he was now possessed of any, he was discharged. His Honor said that with regard to assignments to trustees he would hold to his original determination, and that was to hold them good unless those who opposed them proved them bad. He thought that there was no desire on the part of the mercantile portion of the community to detain Mr. Anderson o any other insolvent who executed such an assignment; as he had in his possession a petition which was numerously and respectably signed by the Sydney merchants, addressed to the judges, praying them to maintain all such assignments; the only answer to which, was to get the Legislature to remodel the present provisions of the insolvent law.

Published by the Division of Law, Macquarie University