Morland and Another, Assignees of Dickins and Warwick, Bankrupts, against Pellatt
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1828 |
| Date | 01 January 1828 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 1211
IN THE COURT OF KING'S BENCH.
S. C. 3 Man. & Ry. 411; 7 L. J. K. B. O. S. 54. Adopted, In re Greer, [1895] 2 Ch. 221. Referred to, Bower v. Hett, [1895] 2 Q. B. 56, 337.
[722] morland and another, Assignees of Dickins and Warwick, Bankrupts, against pellatt. 1828. Judgment was entered up on a warrant of attorney given by two joint-traders, and a fi. fa. issued, returnable on the 2d of May. On the 1st of that month the sheriff's officer received from the defendants the money directed to be levied. On the 2d of May one of them committed an act of bankruptcy, and the other on the 5th. On the llth a commission of bankrupt issued, and on the 19th the sheriff paid over the money to the execution-creditor. In an action by the assignees: Held, that he was entitled to retain it, not being creditor having a security at the time of the bankruptcy. [S. C. 3 Man. & Ry. 411; 7 L. J. K. B. 0. S. 54. Adopted, In re Greer, [1895] 2 Ch. 221. Referred to, Sower v. Hett, [1895] 2 Q. B. 56, 337.] Assumpsit for money had and received. Plea, the general issue. At the trial before Park J. at the Devonshire Summer Assizes 1828, it appeared that in August 1826, the bankrupts were indebted to the defendant in the sum of 2181., for which he caused them to be arrested. They, thereupon, gave him a warrant of attorney for the amount, which was duly filed, and judgment was entered up on the 5th of March 1827, and a fi. fa. issued against the bankrupts, returnable on the 2d of May. The goods of the bankrupts were seized on the 7th of March, but not sold, they making payments to the officer of the sheriff from time to time; and on the 1st of May they paid him the balance of the sum directed to be levied. On the 2d of May the officer paid over the money to the under-sheriff, but he refused to pay it to the defendant Pellatt without an indemnity. On the llth of May an indemnity was given, and on the 19th the money was paid over. An act of bankruptcy was committed by Warwick on the 2d of May, and by Dickins on the 5th. On the 12th a commission of bankrupt was issued against them, under which the plaintiffs were duly chosen assignees. The learned Judge thought, that, under these circumstances, the plaintiffs were entitled to recover by virtue of the 6 G. 4, c. 16, s. 108, inasmuch as the money was not paid over to the defendant until after the bankruptcy of Warwick and...
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