Coare v Creed
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 170 E.R. 501
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
Same day. coare v. creed (A sale by the mortgagee of a bankrupt's estate, is liable to the auction duty.) Assumpsit for money had and received The action was brought against the defendant, who was an auctioneer, to recover the sum of £65, the amount of the deposit on the sale of an estate. It appeared in evidence, that one Palm, who had mortgaged the estate in question to the plaintiff, had become a bankrupt On a party becoming a bankrupt, by an order made by the Lord Chancellor, it is directed that all the estates of the bankrupt in mortgage are to be sold before the commissioners The sale in question had been made before the commissioners acting under the commission against Palm, by the defendant as the auctioneer The sum of £65 had been paid as a deposit, and the action was brought to recover the whole of this sum. The defendant had paid £45, 10s into Court, and claimed a right to deduct the remainder for the auction-duty, and one guinea for his trouble. By a clause in stat. 19 Geo III. c. 56, imposing a duty on auctions, there is an exception of sales of bankrupts' effects before commissioners ; and the plaintiff contended that the sale, in the present case, was a sale of a bankrupt's effects within the meaning of the Act...
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The King v Winstanley
...[128] shall be sold before the commissioners, or by public unction, if they shall think tit. And it has been decided (Uonre v. (freed, 2 Esp. 699). that a sale of a mortgaged estate by auction under this order, is liable to the auction-duty, and is not within the exception, in the acts, of ......