Harding's Trustee v Harding [1914] ZATPD 94 (7 September 1914)

lnsolvency.-Undue preference.-lntention to prefer.-Proof of Law
13 of 1895, secs. 37 and 153.

In an action for undue preference under sec. 37 of Law 13 of 1895, it is not sufficient to prove that the insolvent might have preferred a creditor, but that he as a fact did intend to prefer a creditor, and such intention must be gathered from the actions of the insolvent and the circumstances of the case. 'The word " bed·riegelik" in sec. 153 of Law 13 of 1895, qualifies each of tlie substantives "schikking, onderlinge overeenkomst of toestemming" in that section.