IN RE CUNNINGHAM

2 VLR (IPM) 9·MOLESWORTH, J.
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2 VLR (IPM) 9
2 VLR IPM 9
IN RE CUNNINGHAM Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions MOLESWORTH, J. February 17, 1876, 02 March 1876 "Insolvency Statute 1871" (No. 379), s. 138, subs. x — Grant of certificate — Forbearance to oppose — Proof of debt — Refusal of certificate — Contracting debt without intention to pay — Suspension .

Where an insolvent has incurred a renewal of debt to a creditor, to buy off opposition to his obtaining his certificate under a former insolvency, but the proof of such debt, in a second insolvency, has not been opposed, the status of such creditor, qu creditor, cannot be impeached on an application for a certificate; but the manner in which the creditor acted may be regarded.

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