Arkinson and Others Assignees of Hodges a Bankrupt v Elliott and Another
| Jurisdiction | England & Wales |
| Judgment Date | 14 November 1797 |
| Date | 14 November 1797 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 1030
IN THE COURT OF KING'S BENCH.
Referred to, Astley v. Gurney, 1869, L. R. 4 C. P. 725.
atkinson and others Assignees of Hodges a Bankrupt agqinst elliott and another. Tuesday, Nov. 14th, 1797. A. first purchased one and afterwards another parcel of goods of B. each at six months credit; when the first sum became due A. lodged in B.'s hands a bill of .exchange for a larger amount than the value of the goods in order to pay for them, B. engaging to return to A. the overplus when the bill should be paid: B. received the amount of the bill, and then A. became a bankrupt, not having paid for the second parcel of goods: held, in an action brought by A.'s assignees for the surplus of the bill, that B. might retain it to satisfy his demand on A. for the second parcel of goods. [5 Taunt 56. 1 Mar. 184.] : . [Referred to, Astley v. Gurney, 1869, L. R. 4 C. P. 725.] On the trial of this action of assumpsit for money had and received, the following case was reserved for the opinion, of this Court. On the 2d May 1796 the defendants sold to Hodges the bankrupt 300 barrels of tar for 4301. at six months credit, and on the 3d of the same month they drew a bill on him at six months date for the amount, which Hodges accepted. On the 2d September 1796 Hodges also purchased at six months credit of the defendants 200 barrels of tar for 2301., for which he gave the defendants his acceptance to their draft dated 6th September 1796, at six months date. The first-mentioned bill for 4301. became due on the 6th November 1796, which Hodges was not able to pay, but on the 9th of the said month he gave the defendants a bill upon Walpole and Co. for 1001. due the llth of December following, and on the following day (November 10th) indorsed arid gave defendants a bill of exchange drawn by him on and accepted by Bullock and Son, dated 27th October 1796...
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Good Property Land Development Pte Ltd (in liquidation) v Societe-Generale
...for Societe-Generale on the application or interpretation of s 41(1) which I now propose to examine. The first is Atkinson v Elliot (1797) 7 TR 378; 101 ER 1030 where the debtor bought two lots of tar each at six months` credit. After payment on the first lot became due, the debtor gave the......
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Good Property Land Development Pte Ltd (in liquidation) v Societe-Generale
...for Societe-Generale on the application or interpretation of s 41(1) which I now propose to examine. The first is Atkinson v Elliot (1797) 7 TR 378; 101 ER 1030 where the debtor bought two lots of tar each at six months` credit. After payment on the first lot became due, the debtor gave the......
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TRUST FUNDS, ASCERTAINABILITY OF BENEFICIAL INTEREST AND INSOLVENCY SET-OFF
...note 1, at 246F. 12 These are cited in Wood, English and International Set-Off (1989) at 556—561. The key cases are Atkinson v Elliott(1797) 7 TR 378; Astley v Gurney(1869) LR 4 CP 714; Re General Provident Assurance Co(1872) LR 14 Eq 507; Samuel, Samuel & Co v West Hartlepool Steam Navigat......