Becke, Assignee of Wm. Ashton, an Insolvent Debtor v Smith
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1836 |
| Date | 01 January 1836 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 724
EXCH. OF PLEAS.
S. C. 2 Gale, 242; 6 L. J. Ex. 54.
becke, Assignee of Wm. Ashton, an Insolvent Debtor v. smith. Exch. of Pleas. 1836.-The 3'2nd section of the Insolvent Debtors' Act, 7 Geo. 4, c. f 7, does not apply only to such assignments and transfers as are made within three months before the commencement of the imprisonment, or during the continuance of such imprisonment, but extends to assignments made at any time, even a year previous to the imprisonment, if made with the view or intention of petitioning the Court for the insolvent's discharge. [S. C. '2 Gale, 242 ; G L. J. Ex. 51.] Trover for certain cattle, goods, and chattels, the property of the said Win. Ashton. Plajas-1st, Not guilty ; 2ndly, That the said Wm Ashton was not possessed as of hisjown property of the cattle, goods, arid [192] chattels in the declaration mentioned, moflo et form;l ; and issue thereon. ; At the tri^l before Bollaud, B , at the last assizes for the county of Northampton, it Appeared that an action for money had and received had been brought against the insolvent by one Wright, which was tried at the Northampton Spring Assizes 1834, and was undefended, [t was proved also, that on the commission day of the assizes at which the above cause was to be tried, the insolvent gave a bill of sale of all his household furniture and effects to the present defendant, in satisfaction of a bona fide debt to the amount of 1001. The defendant sold the effects under the bill of sale for 571. 18s. On the day the bill of sale was given, the insolvent ran away from Northampton, but returned in March, 1835, when he went to prison, and petitioned to be discharged under the Insolvent Debtors' Act, and was ultimately discharged accordingly, and the plaintiff' was appointed his assignee. This action was brought to recover the value of the goods taken and sold under the bill of sale by the defendant, 2K.&W.193. BEOK.E t'. SMITH 725 the plaintiff' insisting that the bill of sale was fraudulent and voirl under the 32nd section of the 7th Geo. 4, c. 57, it being a voluntary conveyance, made with a view of petitioning for his discharge under the Insolvent Act. The learned Judge, however, was of opinion that the .'{2nd section applied to such assignments and transfers only as were made within three months before the commencement of the imprisonment, or during the continuance of the imprisonment, and that this bill of sale having been given more than a year before the imprisonment began, the act did not make it invalid. The plaintiff then went on to prove a case of fraud, independently of the provisions of the Insolvent Act, under the stat. of KHz.; but on the case being submitted to the jury, they found that the transaction was not fraudulent, and gave a verdict for the defendant. Humfrey, on a former day in this term, obtained [193] a rule to shew cause why there should not be a new trial, on the ground of...
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