Ex parte William Allen and James Cazenove Owen Roberts, a Bankrupt
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1858 |
| Date | 17 November 1858 |
| Court | High Court of Chancery |
English Reports Citation: 44 E.R. 1341
BEFORE THE LORDS JUSTICES.
[447] Ex parte william allen and james cazenove. In the Matter of owen roberts, a Bankrupt. Before the Lords Justices. Nov. 17, 1858. In 1855 R., and H. as his surety, gave to G. a bond for 2000. R. gave to H. by way of indemnity a warrant of attorney. In 1858, G., without the knowledge of R., gave up the bond to H., and received in satisfaction for it the promissory note of H. for the sum remaining due. R. at the same time assigned all hia property to H. in satisfaction of the liabilities under which H. had come for him. In the following month R. became bankrupt, and the warrant of attorney and the assignment became void as against the assignees. Held, that the dealings between H. and G. had not taken away the rights of H. against R., and that H. having paid the debt was entitled to prove against R.'s estate. This was an appeal by the assignees of Owen Roberts from an order of Mr. Commissioner Perry, admitting John Hemingway to prove for 3043, 10s. The transactions out of which the claim arose were as follows :-In November 1855, Hemingway and Roberts gave to R. M. Griffith their joint and several bond for securing 2000 and interest, Hemingway being only surety for Roberts. In the same month, Roberts, and Hemingway as his surety, gave to Williams & Co., bankers, a memorandum expressed in the following terms, and stamped as a promissory note:- " On demand, we O. Roberts, of &c., J. Hemingway, [448] of &c., jointly and severally promise to pay to Messrs. Williams & Co., bankers, such sum of money not exceeding 1000 as may become due from the said O. Roberts to Messrs. Williams & Co., on balance of account current, together with interest and commission thereon. As witness, &c." On 24th November 1855, Roberts gave to Hemingway, by way of indemnity, a warrant of attorney to confess judgment for 6000. In March 1857, Roberts, and Hemingway as his surety, gave to Williams & Co. a further memorandum, precisely similar to that of February 1855, except that the sum named in it was 300. In May 1857, Hemingway accepted, for the accommodation of Roberts, a bill drawn on him by Roberts, for 200 and interest, and indorsed to Williams & Co. In August 1857 Williams & Co. called on Hemingway for further security, and he induced C. Pearson and H. Cooper to join him in a memorandum, similar to that of November 1855, for...
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