Elworthy and Others v Thomas Maunder
| Jurisdiction | England & Wales |
| Judgment Date | 28 November 1828 |
| Date | 28 November 1828 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 1074
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
[295] elworthy and others v. thomas maunder. Nov. 28, 1828. Affidavit, that the Defendant had undertaken to be answerable to the creditors of J. and W. M. for the amount of the debts of such creditors, on their, the creditors, undertaking not to issue a commission of bankrupt against J. and W. M. before the 16th of August; that J. and W. M. owed Plaintiffs 10001.; that neither Plaintiffs, nor, as they were informed and believed, any other of the creditors of J. & W. M. sued out a commission of bankrupt against J. and W. M. before the 16th of August; that neither J. and W. M. nor defendant paid Plaintiffs the 10001. due to them from J. and W. M.; and that Defendant owed Plaintiffs 10001. upon his said undertaking; -Held, insufficient to hold Defendant to bail. The Defendant was arrested and holden to bail on the following affidavit:- "William Elworthy of Wellington, in the county of Somerset, woollen manufacturer, maketh oath and saith, that by a memorandum in writing, bearing date the llth day of August 1828, and signed by Thomas Maunder of Crediton, in the county of Devon, farmer, the aaid Thomas Maunder did undertake and agree to be answerable to the creditors of certain persons using the style and firm of William Maunder and James Maunder for the amount of the debts of such creditors on their (the said creditors) undertaking not to issue a commission of bankrupt, or sue out process against them the said W. Maunder and J. Maunder, on or before Saturday, the 16th day of August, then instant; and this deponent further saith, that he and one Thomas Elworthy the elder, and one Thomas Elworthy the younger, trading together as co-partners, and using the style and firm of Messrs. Thomas Elworthy and Co., were and now are creditors 5BINCJ. 298. ELWORTHY V. MAUNDER 1075 of the said W. Maunder and J. Maunder; and that they, the said W. Maunder and J. Maunder, were on the llth day of August, instant, and still are, indebted to this deponent and the said Thomas Elworthy the elder, and Thomas Elworthy the younger, in a certain large sum of money, to wit, the sum of 10001. and upwards, that is to say, the sum of 3001., on a bill of exchange, drawn by the said W. Maunder and J. Maunder upon one Joseph Lambert [296] and payable to the order of the said Messrs. Thomas Elworfchy and Co., at a certain day now past, and in the further sum of...
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