Hutton and Another, Assignees of Elizabeth Ann Yandall, a Bankrupt, against Cruttwell
| Jurisdiction | England & Wales |
| Judgment Date | 06 November 1852 |
| Date | 06 November 1852 |
| Court | Court of the Queen's Bench |
English Reports Citation: 118 E.R. 342
COURTS OF QUEEN'S BENCH, AND THE COURT OF EXCHEQUER CHAMBER
S. C. 22 L. J. Q. B. 78; 17 Jur. 392. Principle applied, Lomax v. Buxton, 1871, L. R. 6 C. P. 113. Distinguished, Ex parte Fisher, 1872, L. R. 7 Ch. 642.
HuTTON AND another, Assignees of Elizabeth Ann Randall, a Bankrupt, against chuttwell. Saturday, November 6th, 1852. Y., a trader, being indebted to L. in 2001., agreed with defendant that, on defendant paying the 2001. to L., Y. would assign by bill of sale all her effects to defendant, to secure the 2001. A deed of assignment was executed, some months after: it contained a power for defendant to enter, and take all the effects which might be on the premises at the time of such entry, and sell them, and, out of the price, to repay himself; the 2001., and pay expenses of sale, and pay the residue to Y. Y. covenanted to! pay the 2001. by instalments, and was to remain in possession till default in payment. Afterwards Y., who had remained in possession, sold the effects for 5671., and, out of that sum, paid the 2001. to defendant.-Y. having afterwards become bankrupt, her assignees sued defendant to recover the 2001., and relied on the execution of the deed as an act of bankruptcy and fraudulent against creditors. The jury having found that the deed was not executed with intent to defeat or delay creditors, and the payment not made in contemplation of bankruptcy, and 1 EL & BL. 1. BUTTON V. CKUTTWELL 343 a verdict having thereupon been directed for defendant:-Rule for new trial refused, the execution of the deed not being necessarily in itself an act of bankruptcy. For the transaction was as if the deed had been executed at the time of the payment by defendant to L., which constituted a good consideration between Y. and defendant; and the clause enabling the defendant to sell after acquired property did not vitiate the transaction. [S. C. 22 L. J. Q. B. 78; 17 Jur. 392. Principle applied, Lomax v. Button, 1871, L. R. 6 C. P. 113. Distinguished, Exfarte Fisher, 1872, L. R. 7 Gb. 642.] Assumpait. The declaration stated that defendant was indebted to plaintiffs, as assignees of Elizabeth Ann Yandell, a bankrupt, in 5001. for money had and received by defendant for the use of the plaintiffs as assignees, and for money due to plaintiffs, as assignees, on an account stated between defendant and plaintiffs. Promise to plaintiffs as assignees. [16] Plea: uoii assumpsit. Issue thereon. The particulars claimed 2071. 10s., " part of the proceeds of the sale of the bankrupt's effects, paid over to the defendant by or on behalf...
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