Crosby and Another, Assignees of Boucher, a Bankrupt, v Crouch
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1808 |
| Date | 01 January 1808 |
| Court | High Court |
English Reports Citation: 170 E.R. 1117
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Sittings after M T 1808. cbosby and another, assignees of boucher, a bankrupt, v crouch. (If A. a shopkeeper procure B to discount accommodation bills drawn by him and accepted by third persons, and B afterwards require A to give him a collateral security for the payment of the bills; upon which A secretly deposits with him a quantity of goods from his shop, to be sold for B.'s benefit if the bills should not be paid , and soon after A. becomes bankrupt, and the bills are dishonoured ; the depositing of the goods in this manner as a security, cannot be invalidated as a voluntary preference in contemplation of bankruptcy.) Trover for books and stationery The bankrupt, who was a bookseller, in September 1807 applied to the defendant, a pawnbroker, to discount three bills for him for £50 each, which he had drawn upon two persons of the names of Jones and Young The defendant gave him cash for them ; but soon after, becoming suspicious of the bankrupt's credit, he asked him, whether they were not accommodation bills ? The bankrupt answered, that they were. The defendant then required some security * Vide Kens^ngton v. Inghs, 8 East, 273, 1118 FBAZER V. HOPKINS 2 CAMP. 187. to be put into his hands, in case the bills should not be paid when they became due. In consequence of this application the bankrupt, at different times be-[167]-tween November and February, deposited with the defendant various parcels of books to the value of about £300 for the purpose of being sold for his benefit if the bills should not be duly honoured by the acceptors. These books were chiefly brought by the bankrupt in a hackney coach in the evening. It likewise appeared, that he had compounded with his creditors two or three years before, which circumstance must have been known to the defendant, who had assisted him to pay the stipulated composition. Boucher committed an act of bankruptcy in the beginning of March, and the commission was sued out against him on the 17th of that month. The bills still remain in the defendant's hands unsatisfied. It was contended, on the part of the plaintiffs, that the defendant had unduly obtained pose^sion of the books by a voluntary preference in contemplation of bajikraptey. Lord Ellenborough.-How is this a case of voluntary preference ? The bankrupt parted with the books upon the defendant's...
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