Best, Assignee of Thorowgood, an Insolvent, v Argles
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 813
EXCH. OF PLEAS.
S. C. 4 Tyr. 256; 3 L. J. Ex. 117.
best, Assignee of Thorowgood, an Insolvent, w. ARGLES. Exch. of Pleas. 1834.-A legacy of 1001. having been bequeathed to the wife of A., and A. being indebted to Li. in 1501., A. sent B. the following document, signed by himself and wife:- " We hereby authorize the executors of the late to pay to you any legacy or monies that he may have bequeathed to us or either of ua, in part payment of the various sums you have so kindly lent us, and your1 receipt shall be to them a sufficient discharge for the same. There appears to be about 1501. due to you." B. communicated to the executors that he had a claim on the legacy ; but the executor said lie would pay it to Mrs. A. After this communication had been made, A., in January, 1832, went to prison, and on the 29th of February petitioned for his discharge under the Insolvent Debtors' Act, and executed an assignment to the assignee; and on the IGth of May, 1832, he obtained his discharge accordingly. On the 3rd of April, 1832, the executor paid Mrs. A. the amount of the legacy, which she immediately paid over to B., under the authority before mentioned:-Held, that the property in the legacy passed to A.'s assignee under the Insolvent Debtors' Act, [S. C. 4 Tyr. 256; 3 L. J. Ex. 117.] Assumpsit for money had and received. The cause was tried at Guildhall, at the Sittings aftor Trinity Term, 1833, before Gurney, B. It appeared that Thorowgood, on the 16th May, 1832, was discharged under the Insolvent Act; that his petition was filed, and the assignment made on the 29th of February, 1832 ; and that the plaintiff was appointed his assignee. It appeared, also, that a Captain Argles, who died in July, 1831, had by his will bequeathed a legay of 1001. to the insolvent's wife. On the 3rd of April, 1832, at a meeting at which were pre-[395]-sent the insolvent's wife, the defendant, and the executor of Captain Argles, the latter paid Mrs. Thorowgood 971., being the amount of the legacy minus the legacy duty, which she immediately paid over to the defendant under the authority hereafter mentioned. On the part of the defendant it was proved, that, before and on the 18th of July, 1831, the insolvent was indebted to the defendant in 1501. and upwards, and which still remained unpaid; and that the insolvent sent the following document, signed by himself and wife, to the defendant:- " We hereby authorize the executors of the late Captain Argles to pay to you any legacy or monies that he may have bequeathed to us, or either of us, in part payment of the various sums you have so kindly lent us ; and your receipt shall be to them a sufficient discharge for the same. There appears to be about 1501. due to you. " 5 King Street, 10 July, 1831. " J. H. thorowgood. "To Mr. Argles. "CATH. thokowqood." 814i BEST V. ARGLES 2 C. & M. 396. This document was inclosed in the...
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