E. FLETCHER, and Others, Assignees of the Estate and Effects of R, Simpson, a Bankrupt, against T. POGSON and G. THOMAS, Bail of H. F. Y. Pogson and Isabella his Wife
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1824 |
| Date | 01 January 1824 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 705
IN THE COURT OF KING'S BENCH.
[192] E. fletcher, and others, Assignees of the Estate and Effects of E, Simpson, a Bankrupt, against T. pogson and G. thomas, Bail of H. F. Y. Pogson and Isabella his Wife. 1824. Declaration in sci. fa. stated that "E. S., (the plaintiff in the original action,) became bankrupt, whereupon a commission was duly awarded against him, and E. F., E. B., and J. T. (the plaintiffs in the sci. fa.) were duly chosen assignees of the estate and effects of the said E. S. under the commission, and now on behalf of the said E. F., E. B., and J. T., a& assignees as aforesaid, we have been informed, &c.:" Held, that this was good, (defendant not having demurred to it,) without an express averment that an assignment of the bankrupt's effects was made; for that the expression "assignees as aforesaid " might mean " persons to whom an assignment has been made;" and the 5 G. 2, c. 30, s. 26, having directed the choice of assignees to be followed up by an assignment of the effects to the persons chosen, the Court might presume that such an assignment was made. Semble, that the objection would have been fatal if made the ground of special demurrer. Declaration in scire facias, after reciting a recognizance entered into by the defendants, as bail in an action brought by E. Simpson against Pogson and wife, and a judgment for the plaintiff in that action, which is still unsatisfied, proceeded thus: "And whereas the said E. Simpson afterwards became bankrupt, within the true intent and meaning of the several statutes made and then in force concerning bankrupts, some or one of them, whereupon a certain commission of bankrupt, under the Great Seal of the United Kingdom of Great Britain and Ireland, was duly awarded and issued against the said E. Simpson, and E. Fletcher, E. Berry, and J. Tiplady, were duly chosen assignees of the estate and effects of the said E. Simpson, under the (a)1 P. 104, by the names of Kendal v. John. (a)2 2 B. & C. 357. K. B. xxxvi,-23 706 MORRIS V.ROBINSON 3B.&C.193. said commission ; and now on behalf of the said E. Fletcher, E. Berry, and J. Tiplady, as assignees as aforesaid, in our said Court before us, we have been informed, &e." The issuing of two writs of scire facias and the returns were then set out, and the...
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