Marshall, Esquire, against Hicks
| Jurisdiction | England & Wales |
| Judgment Date | 02 February 1847 |
| Date | 02 February 1847 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 6
QUEENS BENCH
S. C. 16 L. J. Q. B. 134; 11 Jur. 305.
marshall, esquire, against hicks. Tuesday, February 2d, 1847. In an action of debt by sheriff against execution creditor for poundage, the defendant claimed to set off the expenses, which he had paid, of a bill of sale atid appraisement, preparatory to an assignment in trust for the creditors of the party whose goods were seized. Held that, without further evidence on the defendant's part, the payment in respect of such a sale could not be considered as made for the sheriff, and could not be set off. [S. C. 16 L. J. Q. B. 134; 11 Jur. 305.] Debt by the Sheriff of Cornwall, lor 301., for poundage and sums of money due and owing from defendant to plaintiff for the execution within his bailiwick of divers writs, &c., for defendant, at his request, and for work and labour, journeys and attendances, &c., and on an account stated. Fleas: 1. Except as to 81. 7s. 6d., never indebted. 2. Except as to 81. 7s. 6d., a set-off for money lent by defendant to plaintiff, money paid by defendant for the use of plaintiff and at his request, money received by plaintiff tor the use of defendant, and on an account stated. 3. As to 81. 7s. 6d., a tender. (Tha claim as to this sum was abandoned.) Issue joined on the replications to the 1st and 3d pleas. The plaintiff by his particulars of demand claimed 211. 8s. for poundage, arid other small gums, making up in all 241. 8s. (The claim as to the smaller sums was abandoned at the trial.) The particulars of set-off were as follows. May: 19, 1843.-Paid William Murray, Junior, for and on account of the plaintiff, for an appraisement of the goods and chattels of one Joseph Fiske for the plaintiff, who waa then Sheriff of the county of Cornwall, preparatory to his (the said plaintiff's) assigning tha same, and for the charges attending the execution of the assignment and bill of sale thereof . . . . . . .550 F16] Paid stamp duty, and parchment for the said assignment and bill of sale 936 On the trial, before Platt B., at the Cornwall Summer Assizes, 1845, it appeared that, in May 1843, a writ was issued by the defendant against one Joseph Fiske, under which the plaintiff, then being sheriff, levied, and assigned the goods to certain parties as trustees for the benefit of Fiske's creditors. The expenses of this assignment, including appraisement and stamp duty, were paid by the attorney for the now 10 Q. B. 17...
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