The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1885-06-23 00:00:00

lIAN[RUITCT.

Re Laver ex peer( Deninan.-11i. Honour
delivered the following judgment in this ca..
His Honour said this was a motion made by Mr.
Trevor Davies on behalf of Thomas Isaac Denman,
the creditors' trustee of Ow estate of Henry Vine, •
liquidating debtor, asking for an order directing that
certain dealings and transactions bad between Jiceph
=Laver, of Weym.,uth, butcher and cattle
r , and the said Henry Vine, which took place in
the months of February and March. 1883 ; whereby
certain same of money, goods, and chattels, paid and
handed over be the said Vine to the said Laver, may,
as against such trustee, be declared fraudulent and
void. A long and exhantdive enquiry has been had
in this court into the trade dealings of the two
Parties during the period raentioned, and the follow-
ing are the facts elicited upon which the decision in
the present case turns :—llenrVine, the debtor, has
foe general years carried on at Weymouth the trade of
• butcher and cattle dealer. Laver, against whom
the walnut motion is directed, also carried on at •
abort distance from Vine's residence a similar busi.
nese. There bad for some time previously to the sth
of February, 18811, been mutual trade dmlings in the
=and sale of settle, their usual course of deal-
immediate payment. No entries of these
transactions were made in their ordinary businese
books, the cheques given for the amount of the sales
being considered sufficient receijes. On the Bth, 10th,
and 15th of February, 1883, Vine purchased from
Layer cattle to the amount of £7.17 Ds., and for the
first time in their dealings the rule if immediate
ready money paymemts was departed from by Laver
on the 18th of -February receiving from Vine a side ,d
veal of the value of El 2s, 9., and on the 23rd cattle,
dead meat, and a cheque for £lO2, making up a pey-
tnent on that day of 033 Its. 8d No further money
payments than this £lO2 were made by Vine, but sub-
sequent transfers of cattle and dead meat took place,
the last being made on the 3rd of March. six daye
before Vine filed his petition for liquidation. The
money, cattle, and dead meat paid to has er during
this period amounted to £194 0.. Sd., the which
the trustee calls upon the Court to declare a fraudulent.
',reference. Vine filed his petit for I iqiiidation
the 15th of Match, 1883. He was row lat great
length as to his trade dealings and dispoeition id his
property, and on the 18th id Septetuber was ordered
by the Court to be pc siecuted for varione mi..
demeanours oimmitted under the Debtor', Act, 18121,
was subsequently tried, omvicted, and sentenced to
twelve months' iniprisonment. At the tinie of the
purchase of cattle feint Laser. Vine's account with hie
banker was, and had been mimic time, considerably
overdrawn. and on thi• date of tiling his petition it
had reached the sum of Mi. His statement it debts
showed liabilities amounting to 11.355, hie meets,
from all sources, being e 213. On the :,th i,f February,
three days before the first of the purchase. (non
Laver, ass outstanding acoeteance for £4OO. given to
one Poole for cattle, was -beooming due, :slid he is
found writing to him saying he was unable to inoet it,
enclosing at the same tune • cheque for 1:201, and an
acceptance for the balance, which, on the day before
his failure, was returned dishonoured. On the 34th
of February he borrowed run from one John Ford to
meet • cheque which would otherwise have been
returned, and • week before the 9th id March a
cheque given a fortnight before for cattle bought of
one /LW& WY, also returned unpaid. S. far as the
facts 'dated are applicable to the first etep in this
anqairy—namely, was Vane, when these payments
were made to Laver,. unable to pay hoi debt., as they
became due out of his owu inoneye ? it would clearly
seem he was not. At this time. there was, and had
been for a considerable period, a large over-
drawn account with his banker47repeated instance.
occurring of the dishonour of his trade acceptances
and chequee—within a month of incurring the
debt with Laver, failing for a large anosint with
comparatively trifling assets, all to my mind show-
isg that on the Bth of February up to the 9th id
ALsrch his affairs were in a hopelese state of eni•
barraroment. This being so, and knowing that he was
in this condition, did he tuake thew payments to
Laver with the view it preferriugliuuui over the other
creditors ? It appeare that at tbis time, when tlie
ordinary course of conducting their business7naniely,
by paying their cattle purchases immedately in money