Holroyd and Others, Assignees of Hall, a Bankrupt, v Whitehead and Others
| Jurisdiction | England & Wales |
| Judgment Date | 30 April 1814 |
| Date | 30 April 1814 |
| Court | Court of Common Pleas |
English Reports Citation: 128 E.R. 762
Common Pleas Division
S. C. 1 Marsh. 128.
762 HOLHOYD V. WHITEHEAD 5 TAUNT 441 HOLROYD AND OTHERS, Assignees of Hall, a Bankrupt, v. W TEIIEAD AND OTHERS. April 30, 1814. [S. C. 1 Marsh. 128.] A banker, who pays the acceptance of a customer who has made it payable at the banking-house, is not such a creditor in respect of a bill drawn, negotiated, or accepted by the customer, as is protected by 19 G. 2, c. 52, s. 1, in receiving, without notice, the amount of his debt after the bankruptcy of his customer. This was an action for money had and received, brought to recover money, which had been paid to the Defendants, and it was tried at Guildhall, at the sittings after Hilary term 1814, before Gibbs C. J. The facts were these. The bankrupt had by his acceptance of a bill for 3001. made it payable at the house of the Defendants, who were his bankers, it fell due on the 8th of August, a Saturday, and on that day was presented to them, and they paid it, having at that time, as it afterwards appeared upon a statement of the bankrupt's banking account, a balance of 541. only in their bands: the bankrupt, on the morning of Monday the 10th, as soon as the Defendants' shop was open, paid them 2501. to the credit of his account there. He had committed an act of bankruptcy on the preceding Wednesday the 5th of August, and a docket was struck against him on the 8th, on which a commission issued on the 17th. The Defendants when they received the money had no knowledge of Hall's having committed an act of bankruptcy. The jury found a verdict for the Plaintiffs. [445] Shepherd Solicitor-General, now moved to set aside the verdict, and enter a nonsuit, contending that the payment of the 2501. was protected by the statute 19 G. 2, c. 32, s. 1, for that the Defendants were creditors in respect of a bill drawn by the bankrupt, namely, his direction to them to pay his acceptance : if he had drawn a draft upon the Defendants, and they had paid it, that would have been a thing upon which they could have maintained an action against him, and this direction to pay his acceptance was equivalent to it. GIBBS C. J. If this, instead of an acceptance made by the bankrupt payable at the defendants', had been a draft drawn upon them, it would not even then have been within the statute : the statute contemplates bills accepted by the bankrupt in respect of which debts...
To continue reading
Request your trial
-
Gass, A Bankrupt
...YoungENR 5 E. & B. 955. Ex parte WensleyENR 1 De G. J. & S. 273, p. 281. Roylance v. LightfootENR 8 M. & W. 553. Holroyd v. WhiteheadENR 3 Camp. 530. Graham v. ChapmanENR 12 C. B. 85. Gibson v. Boutts 3 Scott, 229. Morgan v. BrundrettENR 5 B. & Ad. 289. Atkinson v. BrindallENR 2 Sc. 369. Gi......
- Barton v Deputy Federal Commissioner of Taxation
-
Parr v Jewell
...it becomes a new bill payable at sight, and must have a fresh stamp: stat. 55 G-. 3, c. 184, s. 19; Holroyd v, Wbitehead, 1 Marsh. 128, 5 Taunt. 444. If a bill, therefore, be paid when due, by the acceptor, it clearly cannot be re-issued without a fresh stamp: if so paid by the drawer, bein......
-
Re Ursula Radcliffe
...should be allowed. J. G. T. (1) Before O'Brien L.C., and Ronan and Molony L.JJ. (1) 5 Ch. D. 979. (2) Holt, 175. (3) 4 Mor. 258. (4) 3 Camp. 530. (5) 52 L. T. (1) 4 Mor. 258. (2) 1 C. & P. 211. (1) 20 Ch. D. 697. (2) L. R. 10 Ch. 172. (1) [1915] 2 I. R. 347, at p. 353. (1) 29 Ch. D. 459, at......