Hodgson v Warden

JurisdictionEngland & Wales
Judgment Date27 May 1844
Date27 May 1844
CourtExchequer

English Reports Citation: 153 E.R. 9

IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER

Hodgson
and
Warden

S. C. 2 D. & L. 232; 15 L. J. Ex. 257.

[22] hodgson v. wahden. May 27, 1844.-It is not a sufficient excuse for the want of profert of a deed, under which the party pleading it claims a benefit,- ag. an assignment by him to trustees for the benefit of creditors, with a provision that he should be released from his debts on payment of a certain composition,- that there was but one part of the deed executed, and that the same did not belong to the defendant, (the party pleading it); that he had no right to the same, nor had the custody of, or any power or control over it, and was unable to procure the possession, power, or control of it; that it always had been in the possession of the trustees, who refused to permit the defendant to have the possession thereof, or to bring it into court. : [S. C. 2 D. & L. 232 ò 15 L. J. Ex. 257.] Alsumpsit by payee against maker of a promissory note. Plea, that, after the making of the s;aid note, a certain indenture was made between the plaintiff, the defendant, one W. Sharp, and one J. Shore, and other creditors of the defendant, and was sealed and executed by the plaintiff, the defendant, and the said other creditors of the defendant; that the said indenture, after reciting that the defendant had assigned his property and effects to the said W. Sharp and J. Shore, as trustees, for the benefit of the plaintiff and the other creditors of the defendant, witnessed, that the plaintiff and the said other creditors granted to the defendant, that, if the said trustees should certify that the defendant had conformed to their directions, he should be released from all debts owing by him to the plaintiff and the said other creditors. The plea then averred, that there never was but one part of the said indenture executed by the said parties, and that the same did not belong to the defendant; that he had no right to the same, nor had the custody of, nor any power or control over it, and Ex. Div. IX.-1* ID HODGSON V. WARDEN 13M. &W. 23. that he was wholly unable to procure the possession, power, or control of or over the same; that the said indenture always had been, and still was, in the possession of the s4id trustees, and that they refused to permit the defendant to have the possession thereof, or to bring the same into court. The plea then alleged, that the trustees had certified that the defendant had conformed to...

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3 cases
  • The Right Hon. Spencer Bulkekey, Lord Newborough, J. E. Shearman, and Thomas Dyke v Ludolf Balthazar Schroder
    • United Kingdom
    • Court of Common Pleas
    • 14 Febrero 1849
    ...if the deed be poll, or if there wants a counterpart of the indenture, the other party may take advantage of it." In Hodgson v. Warden (13 M. & W. 22), which is a very strong case, it was held, that it is not a sufficient excuse for the want of profert of a deed, under which the party plead......
  • Foster v Crabb
    • United Kingdom
    • Court of Common Pleas
    • 8 Junio 1852
    ...1 Ves. sen. 387, 394. This question more frequently arises upon the necessity of making profert of deeds, as in Hodgson v. Warden, 13 M. & W. 22. [Williams, J., and The Thames Haven Dock & Railway Company v. Brymer, 5 Exch. 696.] Here, the trustee has to protect himself,-to pay his own char......
  • Brymer and Others, Assignees of Bromley, a Bankrupt v The Thames Haven Dock and Railway Company
    • United Kingdom
    • Exchequer
    • 12 Junio 1848
    ...deed, appear to be partrea" Secondly, there is no profert of the deed, nor any excuse alleged for its non-production Hodgson v Ifaid&ii (13 M & W 22) shews that a 2;EX,M2. BRYMER V. THE THAMES HAVEN DOCK AND RLY. CO. 611 party is not excused from profert by reason of the deed being in the h......

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