Barber, Cole and Crump v Butcher
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1846 |
| Date | 28 April 1846 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 1099
QUEEN'S BENCH
S. C. 15 L. J. Q. B. 289; 10 Jur. 814.
barber, cole and crump agaiiisl butcher. Tuesday, April 28th, 1846. Defendant, to secure a debt owing from him to plaintiffs, assigned to them a policy of insurance on his life, and covenanted by the deed of assignment that he would pay the annual premium, stated to be 371. 15s., and that, if he at any time made default, the plaintiffs might pay it and recover the amount in an action at law as for money paid to his use. Plaintiffs declared against defendant in debt, reciting the deed and alleging payment by them of a premium on default made by defendant, whereby an action had accrued to plaintiffs, &c. Held, on special demurrer, that the count was good, though the deed contained no express covenant that the defendant should, in any stated event, pay the amount of the premium to the plaintiffs. [S. C. 15 L. J. Q. B. 289; 10 Jur. 814.] Debt. The first count of the declaration stated that, by indenture, made, February 27th, 1841, between defendant of the one part, and plaintiffs of the other part (profert), reciting that, by a policy of insurance bearing date July 3d, 1839, and numbered, &c. the society for equitable assurance on lives, &c., called the Caledonian Insurance Company, &c. (stating their places of business), assured to defendant the sum of 9991. 19s., to be paid to his executors, administrators or assigns after his decease, at the -annual premium of 371. 15s.: that defendant was indebted to the plaintiffs, Barber () Griffiths v. Lews, ante, p. 841. (b) Ibid, (a) See the two preceding cases. 1100 BARBER V. BUTCHER 8Q.B.M4. and Cola, in the sum of 14491. 12s., and to the plaintiff Crump in 10081. 14s.: that the said parties had agreed, on receiving a sum equal to 10s. in the pound on their respective debts, to be paid at intervals (commencing, [864] &c.), and secured by the guarantee of one William Taylor Smith, to release defendant from all personal liabilities in his lifetime in respect of the remaining 10s. in the pound, on hia assigning over to them, the plaintiffs, the policy of assurance in this indenture before mentioned, as a security for the repayment to them (so far as the amount payable under such policy might extend), of such portion of the remaining 10a. iu the pound on their respective debts as might not have been voluntarily paid by defendant in hia lifetime, he, defendant, agreeing to keep the said policy valid and subsisting during his lifetime : and that the said W. T. Smith had given his guarantee for payment of the first mentioned 10d. in the pound, &c. : it was witnessed that, in pursuance of the said agreement, and in consideration of defendant being discharged from all personal liability in his lifetime in respect of the ICU. iu the pound that should remain due to plaintiffs after payment to them of 10s. in the pound on their respective debts in the manner, &c. before...
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