Kidson v Turner
| Jurisdiction | England & Wales |
| Judgment Date | 07 June 1858 |
| Date | 07 June 1858 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 600
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C 27 L J Ex. 492, 6 W. R. 678. Referred to, Attorney-General v. Pottinger, 1861, 6 H. & N. 748. Distinguished, In re Bonacina, Le Brasseur v. Bonacina, [1912] 2 Ch. 400.
kidson i. turner June 7, 1858. - A bond is a "contract, piomise 01 agreement" within the meaning of the 204th section of the " Bankrupt Law Consolidation Act, 1849," and theiefore a bond, given by a bankrupt for payment of a debt baired by his certificate, is void. [S. C 27 L J Ex. 492, 6 W. H. 678. Referred to, Attoiney-Gmeial v. Pottmger, 1861, 6 H. & N. 748. Distinguished, In re buimciim , Le Uta^seur v. Bonacina, [1912] 2 Ch. 400.] Debt on bond in the penal sum of 6001., conditioned for payment of 3001. by instalments. () Per Hobart, C. J., in Noiton v. Snni/iei}, Hob. 14 (see Maleotrer v 1 Mod 36), adopted by VVilmot, C. J , in Collms v. Blankin 2 Wil& 317. 3H. &N. 5S2 KIDSON V.TURNER 601 Plea. That before the passing of the "Bankrupt Law Consolidation Act, 1849," the defendant being then a trader, dealer and chapman, subject to the statutes then in force concerning bankrupts, became cind was a bankrupt within the true intent and meaning of the last mentioned statutes, and a fiat of bankruptcy was duly issued against the defendant; and such proceedings were thereupon had, that afterwards and before the passing of the first mentioned Act, the defendant obtained his certificate of conformity to fhe laws then in force concerning bankrupts, and all things were done and lappened necessary to discharge the defendant by virtue of the said certificate, from (amongst other things) the debt, claim or demand of the plaintiff next [582] hereinafter mentioned. And defendant says that before, and at the time when he became and was a bankrupt as aforesaid, he was indebted to the plaintiff in a large sum of money, to wit 3001., which was then a debt, claim or demand proveable under the said bankruptcy and was proved by the plaintiff thereundei accordingly , and the defendant was then and before the passing of the " Bankrupt Law Conbohdatiou Act, 1849," discharged by virtue of such certificate from the said debt, claim or demand. And the defendant further says, that afterwards and after the issuing of the said fiat, and after he had obtained his said certificate as aforesaid, and after the " Bankrupt Law Consolidation Act, 1849," commenced and took effect, that is to say, on the 10th day of September, A.D 1852, the defendant at the request of the plaintiff made and executed the writing obligatory in the declaration mentioned for securing to the plaintiff payment by the defendant of the said debt, claim or demand of the plaintiff, irom which the defendant had been and was...
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Mahalm v M'Cullagh and Scottish Amicable Life Assurance Society
...AND SCOTTISH AMICABLE LIFE ASSURANCE SOCIETY. Re Harnett 17 L.R. Ir. 543. Rimini v. Van PraaghELR L.R. 8 Q. B.1. Kidson v. TurnerENR 3 H. & N. 581. Heather v. Webb 2 C. P. Div.1. Jackeman v. Cook 4 Ex. Div. 26. Ex parte Barrow 18 Ch. Div. 464. Ex parte Bagshaw 13 Ch. Div. 304. Ex parte King......