Harris and Others, Assignees of Forman, a Bankrupt v Rickett
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1859 |
| Date | 31 January 1859 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 734
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C 28 L. J. Ex. 197. Referred to, In re Holland, Gregg v Holland,
[1902] 2 Ch 380.
The EXCHEQUER REPORTS. REPORTS of CASES ARGUED and DETERMINED in the COURTS of EXCHEQUER and EXCHEQUER CHAMBER. Hilary Term, 22 VICT., to Trinity Vacation, 23 VICT., hoth inclusive. By E. T. HURLSTONE, of the Inner Temple, and J. P. NORMAN, of the Inner Temple, Esquires, Barris'ters-at-Law. Vol. IV. London, 1SGO. [1] exchequer reports. hilary term, 22 vict. harris and others, Assignees of Forman, a Bankrupts. rickett Jan. 31, 1859. -A trader being indebted to various persons procured from A. an advance of 2001., for which he verbally agreed to give a bill of sale of all his property if called upon to do so -On receiving the money he gave to A. a promissory note for 2001., a memorandum of agreement to assign some property expectant on the death of his wife's father, together with a policy of insurance, and also another memorandum of agreement to pay 101. yearly as bonus At a later period, on being requested, he executed a bill of sale of all his property to A. Held: First, that such bill of sale having been executed in pursuance of the original agreement was not an act of bankruptcy. Secondly, that evidence of the original verbal agreement was admissible, inasmuch as the subsequent written agreement did not contain and was not intended to contain the whole agreement between the parties. [S. C 28 L. J. Ex. 197. Referred to, In ie Holland, G-iegg v Holland, [1902] 2 Ch 380.] Trover for household furniture, stock in trade, &c. of the plaintiffs, as assignees of Forman, a bankrupt Plea, that the goods were not the goods of the plaintiffs. Whereupon issue was joined. At the trial, before Cockburn, C. J., at the last Lincolnshire Summer Assizes, it appeared that the action was brought to recover the value of certain goods conveyed to the defendant by the bankrupt by a bill of sale dated the 14th of April, 1858 The bankrupt proved that in the month of January the defendant agreed to lend him 2001.; which he did. After the bankrupt had received all the money, on the 17th of February, he signed and handed to the defendant three several documents. First, a promissory note for 2001, payable on demand, with interest at 51 per cent. [2] Secondly, an agreement in substance as follows:-"Memorandum that I, Edwaid Forman, have this day borrowed of John Rickett the sum of 2001., and have secured the repayment thereof, with interest after the rate of 51. per cent, per annum, by my promissory note , and for better and effectually seeming the same and interest I do hereby, for myself, my heirs, &c., promise and undertake to make, execute and deliver unto the...
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