Flather against Stubbs and Another
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1842 |
| Date | 01 January 1842 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 241
IN THE QUEEN'S BENCH
flathkr against stubbs and another. 1842. Assignees of a bankrupt sold his houses by auction for the benefit of the creditors, and the purchaser signed a contract, by which, after reciting the purchase, and payment of a deposit, he engaged to complete such purchase on the terms of the conditions of sale, which both parties agreed by the contract to fulfil. Held, that the contract was an instrument exempted from stamp duty by stat. 6 G. 4, c. 16, s. 98. Asaumpsit against the vendors by auction of six dwelling houses, for not delivering to plaintiff, the purchaser, an abstract of a good and valid title, in pursuance of the conditions of sale. Counts for money had and received, and on an account stated. Plea (among others) non assumpsit. On the trial, before Lord Denman C.J., at the sittings in Middlesex after Michaelmas term 1840, it appeared that the houses were put up for sale by the defendants, aa assignees of Lashmar, a bankrupt, and sold by auction, for the benefit of the creditors, and that the plaintiff became the purchaser, paid a deposit, and signed a, contract of sale, by which it was declared and agreed between the vendors and plaintiff that plaintiff had become the purchaser at the sum, &c., and paid a deposit of, &c., and agreed to pay the remainder on, &c., and that the conditions of sale should be taken as the terms of agreement for the said sale, and be observed and fulfilled by the parties respectively, &c. This contract, produced by the auctioneer, was objected to by the defendant's counsel, being unstamped; and the Lord Chief Justice thereupon directed a nonsuit. Platt, in the ensuing term, obtained a rule nisi [615] on the ground that, by stat. 6 G. 4, c. 16, s. 98 (a), no stamp was (a) Stat. 6 G. 4, c. 16, s. 98, enacts, "That after this Act shall have come into effect all commissions of bankrupt, and also all deeds, conveyances, assignments, surrenders, admissions and other assurances of, or to, or relating solely to any freehold, leasehold, copyhold or customary messuages, lands or tenements, or any mortgage, charge or other incumbrance upon, or any estate, right or interest of and in any messuages, lauds, tenements or personal estate, being the estate of or belonging to any bankrupt or bankrupts, or part or parcel thereof, and which after the execution of sucb deeds, conveyances, assignments, surrenders, or assurances respectively...
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