The Weekly Law Reports
[1966] 3 WLR 1101
[CHANCERY DIVISION]
In re
L. G. CLARKE,
Ex parte
THE DEBTOR
v.
S. ASTON & SON LTD.
In re
L. CLARKE,
Ex parte
THE DEBTOR
v.
S. ASTON & SON LTD.
[Nos. 2 & 4 of 1966]
1966 May 16;
June 13, 14;
July 29
June 13, 14;
July 29
CROSS and GOFF JJ.
Bankruptcy
— Act of
— Waiver by creditors
— Assent to assignment of assets for benefit of creditors induced by misrepresentation in debtor's statement of affairs
— Partnership property ostensibly in sole ownership of debtor
— No action by judgment creditor when facts disclosed
— Sale of part of assets with concurrence of partner
— Subsequent refusal of debtors to co-operate in realisation of other assets
— Bankruptcy petitions founded on original act of bankruptcy and judgment debt
— Whether creditor debarred from retracting assent
— Effect of intervening acts of third party.