The Law Reports (Chancery Division)
[1967] Ch 1121
[DIVISIONAL COURT]
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 affair
— 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.