Cartwright v Green
| Jurisdiction | England & Wales |
| Judgment Date | 18 February 1803 |
| Date | 18 February 1803 |
| Court | High Court of Chancery |
English Reports Citation: 32 E.R. 412
HIGH COURT OF CHANCERY
See Merry v. Green, 1841, 7 M. & W. 632; Hill v. Campbell, 1875, L. R. 10 C. P. 247; R. v. Ashwell, 1885, 16 Q. B. D. 197.
9- '--t: ."C 412 CARTWRIGHT V. GREEN 8 VES. JUN. 406. (1) 1 Ves. sen. 205 ; 2 Ves. sen. 357. East India Company v. Neave, 5 Ves. 173 ; 11 Ves. 70; £ea. £Z. Plead. Eq. 44 ; 1 8wanst. 304, and the note. cartwhight . green. 2V jt . 17 A, 1802; April 28th, 1803. [See Merry v. Green, 1841, 7 M. & W. 632 ; Hill v. Campbell, 1875, L. R. 10 C. P. 247; R. v. Ashvell, 1885, l(i Q. B. D. l'J7.] A bureau delivered for the purpose of repairs to a person, who discovered money in a secret drawer ; which he converted to his own use. This amounts to a felony ; and upon that ground a demurrer to a bill of discovery was allowed. A married woman may demur to a discovery, that may subject her husband to a charge of felony. The bill stated, that Ann Cartwright died possessed of a bureau ; in a secret part of which she had concealed 900 guineas in specie. After her death [406] Richard Cartwright, her personal representative, lent the bureau to his brother Henry ; who took it to the East Indies ; and brought it back ; the contents remaining still undiscovered. It was then sold to -- Dick for three guineas; who delivered it to the Defendant Green, a carpenter, for the purpose of repairing it. Green employed a person, named Hillingworth, who found out the money ; and received a guinea for his trouble ; and the whole sum of 900 guineas was possessed by the three Defendants Green, his wife, and Elizabeth Sharp, who secreted and converted it to their own use. This bill charging all thesecircumstances, and that Greenpnid his debts, andbought stock, for which he had no other means except the money found in the bureau, prayed a discovery ; stating, that the Plaintiff Cartwright, had brought an action as personal representative of Ann Cartwright. Dick joined in the bill as a Plaintiff ; but did not set up any claim to the money on his own account. The three Defendants demurred ; stating as the ground of demurrer, that the discovery sought may subject the Defendants to criminal punishment. Mr. Hart, in support of the Demurrer. This bureau was trusted to the Defendant Green for the specific purpose of repairs. Therefore the allegation of opening the drawer and taking the money amounts to a charge of a felonious taking ; as in the case of a common carrier, breaking open a...
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Australian Crime Commission v Stoddart
...the footnote referring to R v Inhabitants of All Saints, Worcester, he added a further case in support of the first proposition, namely Cartwright v Green119. In Cartwright v Green one of the grounds on which Lord Eldon LC allowed a demurrer to a bill of discovery was that it would compel p......
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