Bainbrigge and Others v Blair and Others
| Jurisdiction | England & Wales |
| Judgment Date | 16 February 1832 |
| Date | 16 February 1832 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 1043
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
bainbrigoe and others v blair and others. Feb 16th, 1832-The 26th sect, of the Insolvent Act, 7 Geo 4, c 57, s 26, irhich enacts, that where an assignee shall die or be removed, or a new assignee shall be appointed, no action 1044 BAINBRIGGE V. BLAIR YOU 387. or suit shall be abated, but the Court, on suggestion of such death or removal and new appointment, may allow the name or names of the surviving or new assignee or assignees to be substituted in the place of the former, applies only to cases in which the assignee is the plaintiff, and not where he is a defendant, and does not authorize the substitution of the name of the new provisional assignee as a defendant in lieu of the former provisional assignee of the Court. Mr. W right, for the plaintiffs, moved for leave to substitute the name of Mr Sturgis, the present provisional assignee of the Insolvent Debtors' Court, as a defendant in this cause, in lieu of the name of Henry Dance, Esq., the late provisional assignee. He grounded his application on the 26th section of the act, (a)1 and referred, as an authority for the purpose, to a [387] late case of Gikhnst v Ponten,(a)2 in which a similar order had been made by the Vice-Chancellor. lord lyndhurst, L C. B The section appeals to me to apply only to the case of the provisional assignee being the plaintiff, and not where he is a defendant; the language used throughout applies to the commencing and prosecuting, and not defending of any suit. Mr. Hayter, amicus curue In a late case the Vice Chancelloi considered the section to apply to the case of the provisional assignee being either plaintiff or defendant But the Lord Chancellor has lately decided that the clause in the bankrupt act,(b) which is precisely in the same [388] words, applies only to cases in which the assignee is plaintiff.(a)3 The motion was refused. (a)1 7 Geo. 4, c 57, s. 26, "And he it further enacted, that whenever any such assignee or assignees shall die or be removed, and a new assignee or assignees shall be appointed in pursuance of the pi ovisions of this act, no action at law or suit in equity shall he thereby abated , but the Court in which any action or suit is depending may, upon the suggestion of such death or removal, and new appointment, allow the mime or names of the surviving or new assignee or assignees to be substituted in the place of...
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