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IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 278

On member of a firm becoming bankrupt, the Court may authorize suit in name of assignees and of remaining partner.

278. If any bankrupt ... shall at the time of the bankruptcy ... be a member
of a firm, it shall be lawful for the Court to authorize the assignees to
commence or prosecute any suit in the name of such assignees and of the
remaining partner to recover any debt due to or any estate or effects of the
partnership; and such judgment, decree, or order may be obtained therein as if
such suit had been instituted with the consent of such partner; and if such
partner shall execute any release of the claim for which such suit is
instituted, such release shall be void: Provided that every such partner shall
have notice given him of such application, and be at liberty to show cause
against it, and, if no benefit be claimed by him by virtue of the said
proceedings, shall be indemnified against the payment of any costs in respect
of such suit in such manner as the Court may direct; and it shall be lawful
for the Court, upon the application of such partner, to direct that he may
receive so much of the proceeds of such action or suit as the Court shall
direct.

© 1857 Crown Copyright

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