Reports of Bankruptcy Appeals Heard And Determined By the Lord Chancellor And the Court of Appeal in Chancery
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The latter are remitted to the shadowy benefit of an insolvent's covenant to pay a composition dividend at the same rate at a future day. A mere covenant to pay a composition cannot, I submit, in any case be a composi- tion with creditors of the nature contemplated by the Act. Of that opinion seems to have been the Court of Exchequer 126 CASES IN BANKRUPTCY. 1863. Ex parte COCKBURN. In re Smith and Laxton. Exchequer in Walter v. Adcock (a), and although it may now be too late to argue that a ce...ssion of all a com- pounding debtor's property is requisite, still there must be actual payment or some substantial security in order to validate a proposed composition arrangement as one within the range of the 192nd section of the Act. If less will suffice, a fraudulent debtor with assets sufficient to produce ten shillings in the pound might enter into an arrangement in the manner pursued in the deeds now before the Court for payment of a composition dividend of twelve shillings and six pence in the pound.
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