Ann Blackwell v Philip Newberry England
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1857 |
| Date | 20 November 1857 |
| Court | Court of the Queen's Bench |
English Reports Citation: 120 E.R. 202
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 27 L. J. Q. B. 124; 3 Jur. N. S. 1302.
[541] ann blackwell against philip newberry england. Friday, November 20th, 1857. The execution of a bill of sale was attested by a witness who signed as " W. R. C., clerk to Messrs. B. & R., Solicitors, Temple." It was in due time filed with an affidavit, which commenced " I, W. R. C., of King's Bench Walk. Inner Temple, in the city of London, clerk to Messrs. B. & R. of the same place, solicitors, make oath and say." In the body of the affidavit it was stated that the bill of sale was executed in the presence of the deponent ; but there was no further description of the residence of the attesting witness. On the trial of a feigned issue to try whether the bill of sale was valid against an execution creditor, it was proved that W. R. C, was clerk to the solicitors whose office was in King's Bench Walk, that all his business hours were passed there, and that it was the place where he would be most readily heard of, but that he took his mels and slept elsewhere. - Held, that the description of the residence was sufficient to satisfy the requirements of stat. 17 & 18 Viet. c. 36, s. 1. [S. C. 27 L. J. Q. B. 124 ; 3 Jur. N. S. 1302.] Feigned issue to try whether certain goods, seized by the sheriff under a fi. fa. issued at the suit of the defendant against Robert Harvey, were, at the time of the delivery of the writ to the sheriff, the property of the plaintiff. On the trial, before Erie J., at the Middlesex Sittings in this Term, it appeared that the goods in question were bona fide assigned by Harvey to the plaintiff by a bill of sale, dated 17th April 1857. The deed was attested in the following form. " Signed, sealed and delivered by the above named Robert Harvey (the words ' on demand ' being first interlined in the second line of the second page hereof) in the (a) Lord Campbell C.J., Coleridge and Wightman Js. 8IL.SBL.64i BLACK.WKLL, V. ENOLAND 203 presence of W. R. Cuthbert, clerk to Messrs. Bruudrett & Randall, Solicitors, Temple." A copy of the bill of sale, along with an affidavit, was filed on the 18th April 1857. The affidavit commenced: "I William Robert Cuthbert, of King's Bench Walk, Inner Temple, in the city of London, clerk to Messieurs Bruudrett & Randall of the same place, solicitors, make oath and say." The affidavit then stated that the copy of the bill of sale annexed was a true [542] copy; that the bill of sale was executed on the 17th April 1857, in the presence of the deponent; and it gave the residence and occupation of Harvey : but there was no further description of the residence or occupation of the attesting witness than was contained in the heading of the affidavit. Evidence was given that the bill of sale was boua fide executed for value and attested by Guthbert; and that he was clerk to the solicitors named, at whose chambers in King's Bench Walk he passed all the business hours of his life, which was the place where he was most likely to be found by any one inquiring for him ; but that he neither slept nor took his meals there. The learned Judge directed a verdict for tho plaintiff, with leave to move to enter a verdict for the...
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