Mavor, Assignee of W. H. Pune, v Pyne
| Jurisdiction | England & Wales |
| Judgment Date | 09 November 1825 |
| Date | 09 November 1825 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 522
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 11 Moore, 2; 4 L. J. C. P. (O. S.) 36: at Nisi Prius, 2 Car. & P. 91.
[288] mayor, Assignee of W. H. Pyne, v. pyne. Nov. 9, 1825. [S. C. 11 Moore, 2; 4 L. J. C. P. (0. S.) 36 : at Nisi Prius, 2 Car. & P. 91.] 1. Where a verdict is found for the Plaintiff in an action by assignees, on a contract entered into with a bankrupt, before his bankruptcy, it is no ground for setting aside 3 BQIQ. 388. MAYOR V. PYNE 523 the verdict, that it did not appear that 1001. of the petitioning creditor's debt was contracted within six years before the suing out of the commission.-2. A release executed by the bankrupt after an act of bankruptcy, to a releasee who knows of the bankrupt's insolvency, is not valid, although executed more than two months before the. suing out of the commission.-3. Upon a contract for twenty-four numbers of a periodical work, to be delivered monthly, at a guinea a number, a Plaintiff may sue for the numbers actually delivered, although the contract be not reduced into writing, as required by the statute of frauds. This was an action by the assignees of a bankrupt, for goods sold by him to the Defendant The pleas were first, the general issue. Secondly, that after the promises stated in the declaration, and before the commencement of the action, and before W. H. Pyne became a bankrupt, he released the Defendant from all actions. To which it was replied, that W. H. Pyne had become bankrupt before the deed of release; and on this replication issue was joined. At the trial before Best C. J. Guildhall sittings after Trinity term^ it appeared that the bankrupt was author of a work called The History of the Eoyal Residencies, which he published by subscription, in twenty-four numbers, at one guinea a number. The numbers were printed, and left at the publisher's bouse ready for delivery monthly. Each subscriber received his numbers at the house of the bankrupt. The whole twenty-four numbers were completed. The Defendant only took away eight numbers, although he was informed that the remainder were ready for him. With respect to the release, although executed more than two months before the suing out of the commission, it appeared to have been executed after an act of bankruptcy ; the Defendant knew that the bankrupt was insolvent at the time of executing it; and it did not appear that 1001. of the petitioning creditor's...
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