Drayton and another Dale
| Jurisdiction | England & Wales |
| Court | Court of the King's Bench |
| Judgment Date | 14 November 1823 |
| Date | 14 November 1823 |
English Reports Citation: 107 E.R. 393
IN THE COURT OF KING'S BENCH.
S. C. 3 D. & R. 534; 2 L. J. K. B. O. S. 20. Referred to, Vagliano v. Bank of England, 1889, 23 Q. B. D. 257.
drayton and another against dale. Friday, November 14th, 1823. Assumpsit by the indorsee against the maker of a promissory note, payable to A. B. or his order. Plea, first, non assumpsit; and, secondly, that A. B. became a bankrupt, and that his property was duly assigned to, assignees, whereby the interest, title, and right to indorse the promissory note before the time of indorsement became vested in the assignees, whereby the indorsement by A. B. was void, and created no right in the plaintiffs to sue. Eeplication to the last plea, that the indorsement was made with the consent of the assignees. Rejoinder taking issue upon that fact. A verdict having been found for the plaintiff on the first issue, and for the defendant on the second, it was held that the plaintiff was entitled to judgment upon the whole record. First, because the defendant, who had made the note payable to A. B. or his order, was estopped from saying that A. B. was not competent to make an order. Secondly, because the property acquired by a bankrupt subsequently to his bankruptcy does not absolutely vest in the assignees, although they have a right to claim it; but if they do not make any claim, the bankrupt has a right to such property against all other persons. [S. C. 3 D. & R. 534; 2 L. J. K. B. O. S. 20. Referred to, Fagliano v. Bank of England, 1889, 23 Q. B. D. 257.] Assumpsit by the plaintiffs, as indorsee against the defendant, as the maker of a promissory note, dated the 22d of September, 1818, for 501., for value re-[294]-ceived, payable twenty-four months after date, to one Gauntlett Clarke, or his order, and by the said G. Clarke indorsed to Messrs. Knight and Freeman, and by them indorsed to the plaintiffs. Plea, first, general issue, and secondly, the bankruptcy of the said G. Clarke and one G. Whitehead the Younger, by virtue of a commission of bankrupt dated and issued the 19th November, 1814, and an assignment thereupon by the commissioners to Messrs. Gibson, Wilson, and Howell, dated the 1st December, 1814, by reason of which and by force of the statute in such case, &c. the interest, title, and right to indorse the said promissory note in the declaration mentioned, before and at the time of the indorsement by G. Clarke, became and was vested in the said assignees, and not in the said Clarke, and thereby the indorsement of Clarke became void, and created no right in the plaintiffs to sue. The plaintiffs joined issue on the first plea and replied to the second, that after the assignment to the assignees, the indorsement of Clarke was made by him by and with the consent of the said assignees. Rejoinder K. B. xxxvi.-13* 394 DRAYTON V. DALE 2 B. & C. 295. denying such consent, whereupon issue was joined. At the trial, before Abbott C.J., at the adjourned sittings at Guildhall, after Hilary term, 1821, a verdict was found for the plaintiffs for 511. 10s., subject to the opinion of the Court upon a case which stated the issuing of the commission, and the assignment to the assignees named...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Re Ball
...& Barclay's ContractELR [1895] 2 Ch. 212. Cohen v. MitchellELR 25 Q. B. D. 262. Cook v. WhellockELR 24 Q. B. D. 658. Drayton v. DaleENR 2 B. & C. 293. Evans v. Brown Ib. 170. Ex parte Ansell 19 Ves. 208. Ex parte Dewhurst; In re VanloheELR L. R. 7 Ch. App. 185. Ex parte FordELR 1 Ch. D. 521......
