Lindsey v Barron and Another, Executrix and Executor of Edward Barron, Deceased
| Jurisdiction | England & Wales |
| Judgment Date | 12 June 1848 |
| Date | 12 June 1848 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 1263
IN THE COURT OF COMMON PLEAS
[291] linbsey v. bareon and another, Executrix and Executor of Edward Barren, Deceased. June 12, 1848. The court will not grant to a defendant an interpleader rule under the 1 & 2 W. 4, c. 58, s. 1, on the ground that the claimant sets up a right of action against the defendant in respect of the same subjectrmatter, where it appears that the plaintiff's claim against the defendant rests, not merely upon the right of property, but also on the personal contract of the defendant.-A., professing to act as agent of B., obtained from C. an advance of money upon the security of plate in A.'s possession belonging to B.: after A.'s death, C. brought detinue for the plate against his executors : B. also demanded it of the executors:-Held, not a case for an inter- (a)1 7 Bingh. 423, 5 M. &P. 276, 9 Bingh. 544, 2 M. & Scott, 640; and see Gwywi v. Burnell, in Dom. Proc. 6 N. C. 453, 1 Scott, N. K. 711. (a)2 It appears to be the duty of the debtor to find out his creditor, if he be within the realm-Litt. 340, Co. Litt. 210 b. 690 b.; Bro. Abr., tit. Tender, pi. 20, citing an original case in 6 Edw. VI.; 5 M. & G. 563. The duty would be one very difficult of performance on the part of the debtor, if choses in action were assignable. This may, perhaps, be one reason why such assignments are not allowed at common law. (&) Vide Simpson v. Garside, 2 Lutw. 1641, 1644; Sail v. Manucaptors of Russell, 2 Salk. 602, iftrst point; Weavers' Company v. Ware, Barnes, 327; Weavers'...
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Hattersley v Hatton
...Crawshay v Thornton, 1 Sim. 391 ; 2 Mylne & Craig, 1, 22 ; Glyn v. Dues^isry, 11 Sim 147 ; Patorm v. Campbell, 12 M & W 277 , Lmdsey v Barron, 6 C. B 291 ; James v Pntchard, 7 M. & W 276 , Slaney v Sidney, 14 M & W 800 Nor, again, does interpleader he where the claim, as here, is eq......