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Colonial Cases

In re Lane Crawford and Co. v. Cheshire, 1871

[interpleader]

In re Lane Crawford and Co. v. Cheshire

Supreme Court of China and Japan
4 April 1871
Source: The North-China Herald, 12 April 1871[1]

 

LAW REPORTS.

SUPREME COURT.

4th April, 1871.

Before C. W. GOODWIN, Esq., Acting Chief Judge.

In Bankruptcy.

LANE CRAWFORD & Co. v. W. CHESHIRE.

   Mr. W. Birt, interpleader, and Mr. Wilson, of lane, Crawford and Co., judgment creditors on the estate of W. Cheshire, appeared and stated that they had agreed to request the Court to place the uncollected chits in the hands of Mr. Wilson, for collection.  It was shown that there remains a sum of about $300 due on a mortgage to Mr. Birt, and that Lane Crawford and Co., had claim over the estate, to be subsequently satisfied.

   Mr. Lang said he had a claim on the estate which he thought ought to rank as well as any other.  The creditors had, at a meeting, subscribed to as paper agreeing to carry on the business for their behoof, and they had therefore been prevented from coming into Court at the time judgment was given for Lane Crawford and Co.

   Mr. Wilson said it had been found impossible to carry out this arrangement, and the agreement was subsequently nullified.

   His Lordship ordered that a sum of $104.03 ½  paid into Court by Mr. J. S. Morphew, who had been appointed collector, should be paid to Mr. Birt, and that the balance of the chits as yet uncollected, be handed to Mr. Wilson, to be collected, and that he accounts to the Court.  Other parties having claims might then again come forward.

 

 

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