Bain, Registered Public Officer of the Commercial Bank of England v Cooper and Brassington

JurisdictionEngland & Wales
Judgment Date28 April 1842
Date28 April 1842
CourtExchequer

English Reports Citation: 152 E.R. 296

EXCHEQUER OF PLEAS.

Bain, Registered Public Officer of the Commercial Bank of England
and
Cooper and Brassington

S. C. 11 L. J. Ex. 325. See on demurrer, 8 M. & W. 751.

[701] bain, Eegistered Public Officer of the Commercial Bank of England v. cooper and bbassinoton. Exch. of Pleas. April 26, 128, 1842.-To an action of covenant by a joint-stock banking copartnership, on a guarantee given by the defendant to secure advances made by the company to M., M., and B., carrying 9M.&W.702. BAtN T'. COOPER 297 on business under the name of M. & Co., the defendant pleaded, that hy indenture between M., M., L., and B., of the first part, W., H., and O., of the second part, and the several persons or partnership firms who should execute the said indenture, being creditors of M., M., L., and B., of the third part, H., being a member and partner in the said banking copartnership, released M., M., L., and B., from all actions, debts, &c. The defendant, in support of his plea, gave in evidence a composition deed, made between M., M., L., and B., of the first part, W., H., and 0., of the second part, and the several persons or partnership firms, being creditors of M., M., L., and B., who should have executed or who should execute the said composition deed, of the third part. The deed, after reciting that M., M., L., and B., were indebted to W., H., and O., and to the several parties to the deed of the third part, and being unable to pay the said debts, had conveyed all their property and effects to W., H., and 0., in trust for payment of their debts, stated, that in consideration thereof, each of the said creditors, parties to the said deed of the second and third parts, did for themselves, their heirs, executors, &c., and partners, release M., M., L., arid B., from all actions, debts, demands, &c. At the date of this release, a separate debt of 21. 15s. was due from M. to H., and H., at the date of the release, was a shareholder in the joint-stock banking copartnership. H. executed the deed in his own name :-Held that the plea was not proved, the release from M., M., L., and H., not including the debt due from M. & Co. to the joint-stock banking company, hut applying only to debts due to such partnership firms as should execute the deed of the third part. [S. C. 11 L. J. Ex. 325. See on demurrer, 8 M. & W. 751.] Covenant on a guarantee given to the Commercial Bank of England. The declaration set forth a guarantee signed and sealed by the defendants, whereby, after reciting that S. Mayer, J. Mawdesley, and J. Bridgwood, carrying on business under the name of S, Mayer & Co., were about to open an account with the said banking copartnership, the defendants covenanted to guarantee the copartnership from all loss or damage thereby, and from all sums due or to become due from Mayer & Co. to the copartnership. The declaration then averred that the sum of ,2000 became and was due from Mayer & Co. to the copartnership, and that Mayer & Co. did not pay the same; and alleged aa a breach the non-payment by the defendants ojE 1500, part thereof. The defendant Cooper pleaded (inter alia), sixthly, that after the making of the said deed-poll, and after the said sum of money had become due from Mayer & Co. to the copirtnership as in the declaration mentioned, by an indenture made between the said Samuel Mayer, the said Joseph Mawdesley, Iialph Lees, and the said Jesse Bridgwood of the first part, Hugh Henshall Williamson, Uichard Howard Hay wood, and William M til pass of the second part, and the several per-[702]-sons or partnership firms who should execute the said indenture, being creditors of the said S. Mayer, J. Mawdesley, 11. Lees, and J. Uridgwood, of the third part, the said B,. H. Haywood, then being a. member of and a partner in the said banking copartnership, and a holder of 1000 shares in the said copartnership, and then being also duly authorized by the said copartnership, for limself, and for the said copartnership and his partners, did acquit, release, and for ever discharge the said S. Mayer, J. Mawdesley, K. Lees, and J. Bridgwood, from all actions, claims, and demands whatsoever, which the said 11. H. Haywood, the said...

To continue reading

Request your trial
1 cases

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT