1 Haw. 32 (Haw.Super. 1848), Pelly v. Waldo

Citation:1 Haw. 32
Party Name:GEORGE PELLY AND OTHERS v. GILES WALDO AND OTHERS.
Judge Panel:AT CHAMBERS, BEFORE CHIEF JUSTICE LEE.
Case Date:May 11, 1848
Court:Superior Court of Hawai'i
 
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Page 32

1 Haw. 32 (Haw.Super. 1848)

GEORGE PELLY AND OTHERS

v.

GILES WALDO AND OTHERS.

Superior Court of Hawai'i.

May 11, 1848

Syllabus by the Court

What constitutes an act of bankruptcy, within the meaning of the statute.

AT CHAMBERS, BEFORE CHIEF JUSTICE LEE.

The first question at issue is, whether taking all that the defendants, Waldo, Benson and Langlois have admitted in their demurrer to be true, they have committed an act of bankruptcy. To decide this question, we must consult the Hawaiian statutes relating to bankruptcy. The 2d volume of those statutes, page 56, section 8, reads as follows:

" SECTION VIII. The Chief Justice of the Superior Court, subject to the said Court in banco, shall alone have power at Chambers, to entertain bills in equity for the discovery of fraud; or of facts important to any complaint; and to enforce, by bill and decree in equity, hypothetical rights of property; to decree the foreclosure of mortgage liens upon landed or personal property; to entertain applications for divorce not brought before the Governors of the respective islands; to relax the strict rules of law applicable to any case, or to enlarge or restrain the meaning of the law, when the strict application thereof would work injustice to a party. He shall upon petition, have power to grant equitable relief to insolvent debtors, upon assignment of their property for the benefit of their creditors to such person or persons as he may appoint, and may by decree appoint commissioners in bankruptcy, agents and receivers, and manage and control them and their acts, for the mutual benefit of the parties in interest; provided however, that he shall not have the power to grant such relief, unless the petition for that purpose be signed by such insolvent or insolvents, and by so many of his or their creditors, at least one half in number, as have debts owing to them in good faith by such debtor or debtors, and amounting to at least two-thirds owing by him or them, whether then due or to become due. He may also in like manner, upon the application of creditors and cause shown to his satisfaction, declare bankrupt, persons attempting to postpone, elude or escape the payment of their debts, and appoint commissioners, receivers and agents for the collection and payment thereof. He may in like manner entertain applications for the annulment of corporate rights and franchises, for proclamation by...

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