JOHNSTONE v. SOMERSET

21 VLR 421·HODGES, J.
21 VLR 421
21 VLR 421
JOHNSTONE v. SOMERSET Supreme Court of Victoria HODGES, J. 13 November 1895 Evidence — Assignment for benefit of creditors — Declaration of trust — Receipt — Stamp — Stamps Act 1890 (No. 1140), ss. 12, 89, 1892 (No 1274) Schedule, div. viii. (2) — Evidence of assignment apart from deed .

(a) (b) A deed of assignment for the benefit of creditors contained a declaration that the trustee held the moneys to come to his hands under it upon certain trusts, and also a covenant by the creditors that, in consideration of the assignment by the assignor of his effects, they would release and discharge the assignor from his debts. The deed was not stamped.

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