AN INDEX ΤΟ THE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME. ABATEMENT. Plaintiff, a servant, being discharged from service on a Friday, took away with her from her master's house a trunk and bag the property of her master. The master wrote to her the next day demanding his property, and threatening to proceed criminally on the Monday following if it were not restored: the Plaintiff being absent from home when the letter was delivered, no answer was returned; whereupon the master, the same day, Saturday, had her taken into custody, but when she was brought before the magistrates on Monday declined 1. Plaintiff agreed with Defendant to ARBITRATION. Scott and Co., held, to mean mess That evidence was admissible AMENDMENT. See WRIT OF RIGHT, 2. EXECU- ANNUITY. See BANKRUPt, 1. LIMITATIONS. ARBITRATION. See COSTS, 3. 72 1. Defendant pleaded non assumpsit 2. 532 A judge at chambers having, ARREST OF JUDGMENT. See PRACTICE, 11. 2. BANKRUPTCY. See SET-OFF, 1. LIEN, 1. 1. The instalments of an annuity for the payment of which a bankrupt is surety only, and which he covenants to pay in case of the default of the grantor, are not, where they become due after his bankruptcy, provable under a fiat against the surety. Thompson v. Thompson. Page 168 A deed by which F., one of two traders in partnership, conveyed his separate estate to trustees, for the joint creditors of both, the joint creditors agreeing that the traders should continue in possession of their stock, and carry on their business with a view to retrieve themselves, and that upon their paying 4s. 6d. in the pound by certain instalments, they should receive a general release, Held, not an act of bankruptcy: Held also, that it was properly left to the jury to say, whether the deed was executed bond fide to enable the traders to retrieve themselves, or was executed by F. with intent to defraud his separate creditors. Abbott and Another, Assignees of Flude, a Bankrupt v. Burbage and Others. 4.44 3. In an action by assignees of a bankrupt to recover money paid by way of fraudulent preference, and in contemplation of bankruptcy, it must be shewn that the party paying contemplated an 3 G actual bankruptcy; it is not sufficient to shew that he knew himself to be in a state of insolvency. Atkinson and Another, Assignees of Potter, a Bankrupt v. Brindall. Page 225 4. A commission of bankrupt having issued against Plaintiff, which was invalid for want of a sufficient petitioning creditor's debt, Plaintiff applied to a commissioner to appoint an official assignee, to investigate the sufficiency of the debt and take care of the property: Defendant having been appointed accordingly, without notice that the commission was disputed, Held, that the application made by the Plaintiff did not preclude him from suing the Defendant for money received under the commission. Clark. Munk v. 299 5. Defendant held a certain deed of lease on which he had a lien for 300l. as attorney of S.: a commission of bankrupt was issued aginst S. in December 1829; Defendant acted as attorney under that commission; and in 1831, after notice of a petition to supersede it, he joined with the assignee under the commission in a sale of the lease, and out of the proceeds was paid the 3007. due to him from S. The commission of bankrupt having been superseded in 1832 for want of a sufficient petitioning creditor's debt, and a new commission having issued, Held, that Defendant was liable to refund the 3001. in action for money had and received to the use of the assignee under the second commission, and also money received in 1831 for rent, &c. accruing to S. Clark and Another, Assignees of Scrivener, a Bankrupt v. Gilbert. Page 343 BILL OF EXCHANGE. Held, no objection to the validity of a bill of exchange, that the and indorsement were acceptance written before the bill was drawn, notwithstanding the indorsement was made by a stranger to the acceptor: Held also, that the drawer having subscribed himself as Thomas Wilson, when his name was Thomas Wilson Richardson, was not to be esteemed to have committed a forgery, unless it were proved that the omission of his surname was for of fraud. purposes Schultz v. Astley. 544 BOND. 1. The sale of a tax collector's lands and goods is not a condition precedent to putting in suit a bond given by a surety under 43 G. 3. c. 99. for the due performance of the collector's duties. At all events, not unless the obligee have notice where to find the collector's property. 2. Payment to the account of a given year, of sums collected for a different year, is no discharge CERTIFICATE. See DEED, 1. CHARTER PARTY. Defendants chartered Plaintiff's ship from London to Buenos Ayres, there to deliver her cargo, reload, and proceed to a port between Gibraltar and Antwerp: freight for voyage out and home 1300l., if delivered at Gibraltar, in Spain, London, or Liverpool: 200l. to be paid in London, on the vessel's departure; the remainder on final delivery of the homeward cargo. The ship proceeded to Buenos Ayres, delivered her cargo there, and sailed again with a cargo of hides, which Defendants consigned to Gibraltar. At Fayal the ship and about one third of the hides were lost. The Vice-Consul of Fayal, acting on behalf of Defendants, at the request of the captain of the ship, transmitted the residue of the hides, by another vessel, to Defendants' consignees at Gibraltar, where they were accepted, and the freight from Fayal to Gibraltar paid by Defendants: Held, that Plaintiff was not entitled to the 1300l. freight; that he was not entitled pro rata itineris for freight to Buenos Ayres, or from Fayal to Gibraltar, but that he was entitled to freight pro ratá from Buenos Ayres to Fayal. Mitchell v. Darthez and Another. Page 555 CHURCHWARDEN. |