Hurst v. Beveridge [1900] ScotLR 37_501 (03 March 1900)

Hurst v. Beveridge [1900] ScotLR 37_501 (03 March 1900)

Discharge was refused because the petitioner had a continuing future income (pension) sufficient to pay creditors in full, and creditors opposed discharge; the law does not entitle a bankrupt to discharge on payment of a partial dividend if further funds are available for debt payment.

Citation
[1900] ScotLR 37_501
Parties
Petitioner: John Hurst; Respondents: Robert Beveridge and other creditors
Jurisdiction
Scotland
Judgment Date
03 March 1900
Procedural Posture
Bankruptcy Petition (discharge) / Appeal From Sheriff Substitute to Inner House, Second Division
Outcome
petition for discharge refused; appeal dismissed; interlocutor affirmed
Legal Topics
Sequestration, Discharge of Bankrupt, Assignation of Pension, Creditor Opposition, Bankruptcy (scotland) Act 1856
Bankruptcy Insolvency Sequestration Discharge of Bankrupt Assignation of Pension Creditor Opposition Bankruptcy (scotland) Act 1856

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Parties

John Hurst

Petitioner

Robert Beveridge and other creditors

Respondents

Procedural Posture

Bankruptcy Petition (discharge) / Appeal From Sheriff Substitute to Inner House, Second Division

Legal Issues

  1. 1 Whether a bankrupt is entitled to discharge after two years and payment of a dividend if creditors oppose and future income remains available for debt payment
  2. 2 Whether assignation of a portion of a pension for creditors' benefit must continue until debts are paid in full

Ratio Decidendi

Discharge was refused because the petitioner had a continuing future income (pension) sufficient to pay creditors in full, and creditors opposed discharge; the law does not entitle a bankrupt to discharge on payment of a partial dividend if further funds are available for debt payment.

Court Disposition

petition for discharge refused; appeal dismissed; interlocutor affirmed

Orders

  • Petition for discharge refused
  • Appeal dismissed