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A Courier Operation,Sampson Couriers Ltd

Question 44

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A courier operation,Sampson Couriers Ltd.,made an arrangement with Allplaces Airlines.Allplaces Airlines would look after transporting all of Sampson Courier packages from Toronto and other major Canadian cities.For this service,Allplaces Airlines would bill them the sum of $15,000 a month.This arrangement continued on for approximately two years,with Sampson Couriers making their payments within the stipulated time period,or within a few days after it fell due.Allplaces Airlines took this in stride.However,when two successive months went by without receiving a payment,the president of Allplaces telephoned his counterpart at Sampson,and demanded payment within a week.The president of Sampson told him he didn't think it would be possible to pay within a week.After the week had expired,Allplaces filed a claim against Sampson which went undefended.Allplaces attempted to realize on its judgment,and sent the sheriff to Sampson's premises.However as Sampson's is primarily a service firm there was nothing to seize of sufficient value to satisfy the debt.Allplaces petitioned the bankruptcy of Sampson.Discuss the implication of these actions,and the likely disposition of the petition.C.B.R.(N.S.)68 (Ont.S.C.).

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