AN APPLICATION REFUSED

Evening Post, Volume CXI, Issue 93, 21 April 1931, Page 13

AN APPLICATION REFUSED

Tho application of the' Oflicial Assignee for an order under section 76 of the Bankruptcy Act, 1908, in the matter of Henry George Thirkell, bankrupt, was refused in the judgment of his Honour Mr. Justice Blair given yesterday. "The true position so far as I have been able to find it in these proceedings," says his Honour, "is that the wife if not the real principle was at least joint adventurer in the building operations, and as such she would bo also liable for all the unpaid debts, on the building. The. Official Assignee must establish in theso proceedings that the husband spent money or incurred debts in improving the .wife's property. The proof the Official Assignee has given in this case does not establish that the husband in carrying out the building operations was acting on hia own behalf, but on tho contrary makes it if not certain at least highly probable that the husband was acting on his wife's behalf-and not on his own account. If I wcrp to make;the--order asked for in this case tho wife' at the suit of creditors in the building might be made liable for the unpaid accounts on tho building and would thus be required to uay twieo. The Official Assignoe's application is' refused. Tho wife is allowed £5 5s costs'against the ■estate."-.. •• •: ■'■■:?:' •■