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Colonial Cases

In re Canny, 1880

[bankruptcy]

In re Canny

Supreme Court for China and Japan
French C.J., 16 January 1880
Source: The North China Herald, 22 January 1880

 

LAW REPORTS.

H.M.'s SUPREME COURT.

Shanghai, 16th January.

Before G. FRENCH, Esq., Chief Justice.

Re J. M. CANNY.

   Mr. HANNEN applied on behalf of J. M. Canny, bankrupt, for an adjournment of his application for an order of discharge.  The hearing was fixed for today, but by the last mail he received a letter stating that the Gazette containing the notice was not published until the evening the mail left.  A copy could not be obtained for that mail, but one was expected to arrive by the next mail, which left Hongkong on the 15th inst.  He therefore asked that the hearing be adjourned until Tuesday next, the 20th inst.

   His LORDSHIP granted the application.

 

Source: The North China Herald, 22 January 1880

LAW REPORTS.

H.M.'s SUPREME COURT.

Shanghai, 20th January.

Before G. FRENCH, Esq., Chief Justice.

In Bankruptcy.

Re J. M. CANNY.

   This was an adjourned application by Mr. Hannen, on behalf of J. M. Canny, bankrupt, for an order of discharge.

   His LORDSHIP asked whether the creditors had come to an arrangement.

   Mr. HANNEN replied that the creditors had passed the necessary resolution.

   His LORDSHIP - The bankrupt not having paid 10s. in the pound, the creditors have passed the necessary resolution for his discharge.

   Mr. HANNEN replied in the affirmative, and explained that the bankruptcy was closed by an order of the Court made on the 20th September, 1879, and published in the North China Daily News on the 27th September, 1879; and the creditors at a meeting held at No. 7, Kiangsi Road, Shanghai, on the 1st October, 1879, passed a special resolution, as shewn by the minutes of the proceedings filed and duly signed by the Chairman, that in the opinion of the creditors the bankruptcy had arisen from circumstances for which the bankrupt could not be justly held responsible, and asking that an order might be given granting his discharge, for which order he (Mr. Hannen) now applied.  Amongst the proceedings filed was the order for the close of the bankruptcy, and the minutes of the meeting at which the special resolution b y the creditors was passed, fortified by an affidavit by the trustee, and the advertisement on the North China Daily News.  He had also that morning filed a copy of the London Gazette containing the usual bankruptcy notice, and he believed the bankrupt was now entitled to his discharge. He pointed out the rule under which he was proceeding, and said everything had been carried out that was necessary to be done under the provisions of the Act.

   His LORDSHIP granted the bankrupt his discharge.

   Mr. HANNEN mentioned that the order would not be issued for 21 days to give time for an appeal.

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