Cook and Others, Assignees of Griffin, a Bankrupt, against Palmer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1827 |
| Date | 01 January 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 623
IN THE COURT OF KING'S BENCH.
S. C. 9 D. & R. 723; 5 L. J. K. B. O. S. 234.
6 B.&C. 739. COOK. V. PALMER 623 [739] cook and others, Assignees of Griffin, a Bankrupt, against palmek. 1827. Where, a sheriffs officer had seized under a fi. fa. goods of a trader, more than .sufficient to satisfy the levy, and the trader having become bankrupt, and assignees' chosen before the goods were sold, the assignees authorised the officer to deliver the whole of the goods to A. B. and to receive from him a certain sum as the full value of the goods, which he did accordingly, and out of that money satisfied the execution creditor, but never paid over the residue to the assignees: Held, that they could not sue the sheriff for this money, the officer not having derived his authority to sell the whole of the goods from the sheriff, but from the plaintiffs, the assignees. [S. C. 9 D. & E. 723; 5 L. J. K. B. 0. S. 234.] Assumpsit for money had and received. Plea, the general issue. At the trial before Lord Tenterden C.J., at the London sittings after Trinity term 1825, a verdict was found for the plaintiffs for 6031., subject to the opinion of this Court upon the following case. The plaintiffs are the assignees of D. Griffin, a bankrupt. The defendant was Sheriff of Surrey at the time when the transactions hereinafter mentioned occurred. On the 12th of April 1822, J. Theobald entered up judgment against Griffin on two several warrants of attorney, and issued writs of fi. fa., returnable on Wednesday next after fifteen days of Easter, directed to the defendant, as Sheriff of Surrey, indorsed to levy the two sums of 5091. 13s. 4d., and 10191. lOs. Id. The defendant issued his warrants directed to Jarvis, his bailiff, who, on the same 12th of April seized the stock in trade of the bankrupt, to answer those two sums. Jarvis remained in possession until June, when a commission of bankrupt issued against Griffin, on an act of bankruptcy committed on the 1st of May 1822. During the time that Jarvis was in possession, he suffered part of the bankrupt's stock to be sold, and received the proceeds, amounting to 4001. After the commission issued, Jarvis directed the sheriff's brokers to remove from the premises goods sufficient to satisfy the two writs, which they did. In June, the defendant being ruled to return the writs, as to one returned that he bad levied part, and had goods...
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...[1913] 1 Ch 127 (refd) Caidan, Re [1942] Ch 90 (refd) Chedin Mohamed Hashim v Teoh Ong Thor [1950] MLJ 238 (folld) Cook v Palmer (1827) 6 B & C 739; 108 ER 623 (folld) Crook, Re (1894) 63 LJ QB 756 (refd) Curtis v Metro-Goldwyn-Meyer (Oriental) Inc [1931] SSLR 42 (folld) Debtor (No 2 of 197......