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A and M, Re
sub nom LA and BFM, Re, ex p Official Receiver v Debtors
[1926] Ch 274, 95 LJ Ch 258, [1926] B & CR 19, [1926] All ER Rep 350, 70 Sol Jo 607, 134 LT 539
Court: DC
Judgment Date: circa 1926
Cases considered by this case
Annotations: All CasesCourt: ALL COURTS
Treatment | Case Name | Citations | Court | Date | Signal |
Applied | Lovell and Christmas v Beauchamp | [1894] AC 607, 63 LJQB 802, 1 Mans 467, 11 R 45, 43 WR 129, [1891-4] All ER Rep 1184, 71 LT 587, 10 TLR 682 | HL | circa 1894 | |
Applied | Jones, Re, ex p Jones | (1881) 18 Ch D 109, 50 LJ Ch 673, 29 WR 747, [1881-5] All ER Rep 831, 45 LT 193 | CA | circa 1881 | |
Applied | Hands, Re, ex p Hands | (1867) 15 WR 1089 | pre-SC | circa 1867 | |
Applied | Smedley, Re | (1864) 10 LT 432 | pre-SC | circa 1864 |
BANKRUPTCY AND INSOLVENCY - BANKRUPTCY - BANKRUPTCY PROCEEDINGS; INTRODUCTION - PERSONS SUBJECT TO BANKRUPTCY LAW - MINORS - ADJUDICATION ON INFANT'S OWN PETITION
(1) In the absence of debts actually enforceable against them infants cannot be made bankrupt even on their own petition. (2) Quaere whether if a receiving order and order of adjudication are made in such a case the official receiver can deduct his costs of obtaining the rescission and annulment of those orders out of the assets.
INFANTS, CHILDREN AND YOUNG PERSONS - LEGAL CAPACITY - CONTRACT, TORT AND CRIME - CONTRACT - TRADING CONTRACTS - LIABILITY FOR TRADING DEBTS - LIABILITY OF INFANT - TRADE DEBT
Two infants in partnership commenced business as fishmongers, and in July 1925, filed their own petition in bankruptcy. The Official Receiver was appointed trustee. On the preliminary examination it appeared that both the debtors were infants. There was no evidence that any of the debts were for necessaries, or that the infants had expressly held themselves out as adults. The Official Receiver applied that the adjudication should be annulled, but the registrar refused to make an order. The Official Receiver appealed to the Divisional Court: Held in the case of an infant trader there could be no valid debt on which a receiving order could be made; it made no difference that the debtors had presented their own petition, and the order of the registrar should be reversed, and the adjudication annulled.
