435
In each case it was held that the temporary presence of the Debtor in England gave the Court jurisdiction, although it was conceded that a bankruptcy Petition against the Debtor could not have been maintained, as the facts did not bring him within Section 6 of the Bankruptcy Act 1883. Here therefore was a case of a man who was a foreigner and neither resident nor carrying on business in the United Kingdom who was nevertheless held to be subject to the Bankruptcy Laws.
In Cooke v. C.A.Vogeler Co a man and his wife, Americans, living in America, carried on a large business in London by means of a manager having a full power of attorney and incurred debts to English creditors for goods supplied to the branch business in London amounting to nearly £20,000. The two debtors had large assets in London consisting of Stock and book debts. They committed two acts which if committed by English debtors would have been acts of bankruptcy, namely they executed a deed of assignment of all their property for the benefit of their creditors generally and they gave to their creditors including the English creditors notice that they had suspended payment.
It was held nevertheless that inasmuch as the Debtors being foreigners were not in England when the two acts were done they were not acts of bankruptcy and consequently although the Debtors could be and were sued in England and also fulfilled the requirements of Section 6 of the Bankruptcy Act 1883, a Receiving Order could not be made against them.
Such a state of the law cannot be regarded in my opinion as fair to persons who, like the English creditors of the C.A.Vogeler Co, had to sit helplessly by and see the