Buck against Lee
| Jurisdiction | England & Wales |
| Judgment Date | 10 June 1834 |
| Date | 10 June 1834 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 1414
IN THE COURT OF KING'S BENCH
S. C. 3 N. & M. 580; 3 L. J. K. B. 206.
buck against lee. Tuesday, June 10th, 1834. Under the thirtieth section of the Insolvent Debtors' Act (7 G. 4, c. 57), a debt due to the insolvent will pass to the provisional assignee, although it has been assigned to a third party before the insolvent's imprisonment, if notice of such assignment was not given to the debtor before such imprisonment. A plea in assumpsit alleged, that the debt sued upon had vested in the provisional assignee, the plaintiff having become insolvent, and having executed an assignment under the Act. The replication alleged an assignment to a third party before the imprisonment, for good consideration : Held, on general demurrer, that the replication was bad, for not alleging that the debtor had notice of such assignment. [S. C. 3 N. & M. 580: 3 L. J. K. B. 206.] Assumpsit for goods sold, &c. Plea, that the plaintiff had taken the benefit of the Insolvent Act, and had, after the supposed promise, and before the commencement of (a) See Bowman v. Taylor, Mich. t. 1834. 1AIJ.&E.80S, BUCK' V. LEE 1415 the action, assigned all his estate, [805] effects, det ts, &c. to the provisional assignee, which assignment vested the supposed causes of action in the declaration mentioned, and the sums of money therein supposed to be due, &c. and the plaintiff's right, &c. therein, in the said provisional assignee. The plaintiff replied, that before his imprisonment, and before the assignment to the provisional assignee, to wit, on, &c., he had, pursuant to an agreement (set forth in the replication) assigned by indenture certain debts due or to become due to him, the plaintiff, including that for which this action was brought, to William Gustard, in just payment of a debt owing to him by the plaintiff, and had constituted Gustard his attorney to sue for the debts so assigned, in his (.the plaintiffs) name: and that the debt now sued for, and in the indenture mentioned, still remained unpaid: and so the plaintiff said that the assignment in the plea mentioned did not vest the causes of action in the declaration mentioned, and the sums of money, therein stated to be due from the defendant to the plaintiff, and the plaintiff's right, &c. therein, in the provisional assignee in manner and form, &c. General demurrer, and joinder. The demurrer was argued in this term, June 6th (a)1. Manning in support of the...
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Hunter v Hunter, Executrix
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