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Colonial Cases

Re Miller, 1866


Re Miller

Bankruptcy Court, Shanghai
19 October 1866
Source: The North-China Herald, 3 November 1866



October 19th    .


Before C. W. GOODWIN, Esq.

Mr. MYBURGH appeared for the petitioning creditors, the Comptoir d'Escompte de Paris, and said there was no desire on the part of the creditors for the appointment of a creditors' assignee, but that they were quite willing to leave the whole matter in the hands of the official assignee and that the estate would wind up very simply.

Mr. LAWRANCE, for the official liquidator, first put in the claims which the Commercial Bank preferred, amounting to Tls. 88,170.35. 

There was a set-off against this of the Fuh-ho and Dadabhoy properties and of a share in a business at Hankow worth Tls. 4,000.

With reference to the first of the claims it appeared that Mr. Miller had endorsed a bill for Tls. 40,000 for the late Manager of the Commercial Bank, who wished to purchase some properties.  On account of this bill Mr. Wiggins had paid Tls. 25,000 and he had moreover handed a cheque for interest to Mr. Miller, who had of course returned it.  Mr. Miller had therefore received no consideration; he however freely admitted his liability under the endorsement.

Next Mr. Rustumjee's claim for house rent, Tls. 251.

The Mr. E. Roche's claim, Tls. 2,909.26 the balance of a bill for Tls. 9,000.

The case was adjourned until the 28th Nov.

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