ARTHUR C. WILKS et al., PS QUALITE
APPELLANTS; PLAINTIFFS
AND
STEPHEN C. MATTHEWS (DEFEND- RESPONDENT. ANT) .....
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APPEAL FROM THE OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.
An action the curator of an abandoned estate to recover back moneys paid an insolvent to one creditor to the prejudice of the others, on the of insolvency, is not barred the provisions of article of the Civil of Lower Canada denying a right of action in respect of gaming contracts. Judgment appealed from (Q.R. K.B. reversed.
Owing to suspicions aroused the exposure of the insolvent's methods of business, a creditor who had deposited money with him for investment in anticipation of obtaining large profits through his operations on the stock market urgent demands secured re-payment of the sums deposited together with a large amount of alleged profits on the day preceding that which the insolvent absconded.
Held, that, as the creditor must deemed to have had knowledge the insolvent circumstances of the debtor at the time of the payment, the curator to the abandoned estate of the insolvent was entitled to recover back the amount paid, under the provisions of article of the Civil Code of Lower Canada. The judgment appealed from (Q.R. K.B. in its result affirming the judgment at the trial was reversed. APPEAL from the judgment of the Court of King's Bench, appeal side(1), affirming the judgment of *PRESENT:-Sir Charles Fitzpatrick C.J. and Idington, Duff, Anglin and Brodeur JJ.
(1) K.B.