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Green v The Bank of England

Nominate Series English Reports Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date13 January 1940
Date13 January 1940
CourtExchequer

English Reports Citation: 160 E.R. 892

IN THE COURT OF EXCHEQUER IN EQUITY

Green
and
The Bank Of England

green v. thb bank or england. Jan. 13th, 1840.-Where a bankrupt had invested money in the purchase of stock in a fictitious name, for the purpose of defrauding his creditors, the Court, on a bill tiled by the assignees against the Bank of England, ordered the bank to erase from their books the fictitious name, and insert that of the bankrupt. The bill was filed by the assignees of Bernard Angle against the Bank of England for the purpose of having the benefit of a sum of stock, which belonged to the bankrupt, but which, for the purpose of defrauding hia creditors, he had caused to be entered in the bank books in the fictitious name of Thomas Rowe, of Portland Place, Regent's Park. It appeared that the stock had been purchased of a person named Mitchell. [723] Mr. Bethell (with whom was Mr. Wood), for the plaintiff's. No relief can be had in this case under any of the acts of Parliament. The stat. 11 Geo. 4 & 1 Will. 4, c 60, which approaches most nearly to it, does not completely meet it. By 3 Y. ft C. IX. 134. WHITELOCK V. PINCH 893 the tenth section of that statute it is enacted, that where any person in whose name, as trustee or executor, any stock shall be standing, shall be out of the jurisdiction of the Court, " or it shall be uncertain whether such person be living or dead," then the Court may appoint a new trustee. But that clearly does not apply to the case of a fictitious person. It is submitted that the name of Rowe should be considered as an alias for that of Angle, and that a declaration should be made to that effect [The Lord Chief Baron, I think the proper mode is to state the truth; that the money was fraudulemtly invested in the name of Thomas Rowe, and that it belongs to the bankrept,] Mr. Loftua Wigram, for the bank. If Rowe could be considered as the name of the bankrupt tke stat. 6 G-eo. 4^ c. 16, s. 80,(a) would clearly apply to the present case; but...

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