Crofton against Poole
| Jurisdiction | England & Wales |
| Court | Court of the King's Bench |
| Judgment Date | 25 November 1830 |
| Date | 25 November 1830 |
English Reports Citation: 109 E.R. 898
IN THE COURT OF KING'S BENCH.
S. C. 9 L. J. K. B. O. S. 59. Followed, In re Dowling, 1877, 4 Ch. D. 691.
568] crofton against poole. Thursday, Nov. 25th, 1830. Plaintiff, a furniture broker, and uncertificated bankrupt, was employed by defendant to remove his goods, in the course of which business he employed several men and vans, supplied packing cases, repaired furniture, and provided materials for this purpose, and other articles to a trifling amount; Held, that the debt which thereby accrued to plaintiff was not in respect of personal labour, but was claimable by the assignees. The plaintiff having sued out a latitat, defendant, before declaration, paid the debt to the assignees : Held, that in action by bill, this payment might be given in evidence under the general issue. The commission, adjudication, and assignment, were put in; and it was proved that the plaintiff attended the commissioners, passed his accounts, and afterwards used endeavours to get his certificate signed: Held that, as against him, this was sufficient evidence of the bankruptcy. [S. C. 9 L. J. K. B. 0. S. 59. Followed, In re Dowling, 1877, 4 Ch. D. 691.] Debt for goods sold, work, labour, and materials, and on money counts, and an account stated. Plea, the general issue. At the trial before Lord Tenterden C.J., at Guildhall, at the sittings after last Hilary term, it appeared that .the plaintiff was a furniture broker, and had been employed by the defendant in removing his...
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Sievers v Boswell and Others
...Horn v. Ion. The defendants admit the invalidity of the certificate, and say that the money has been paid to the assignees. In Crofton v. Poole (1 B. & Ad. 568), where an action was brought by an uncertificated bankrupt for a demand claimable by his assignees, it was held that the defendant......
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Williams Assignee of Brown, an Insolvent Debtor, against Chambers
...6 Viet. o. 116, s. 4. [Patteson J. This Court appears to have recognized the distinction as to fruits of personal labour, in Crofton v. Poole (1 B. & Ad. 568). Wightman J. Suppose the de-[343]-fendant had given the insolvent a bill for the amount due: could the assignee have insisted upoti ......
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Elliot against Clayton
...Browne (1 Eap. N. P. C. 170), Beekkam v. Drake (8 M. & W. 846): if he may recover the principal he may recover the accessory. Crofton v. Poole (1 B. & Ad. 568), is distinguishable; for in that case the personal labour was the accessory. firamwell, contra. The replication is bad in substance......
