Naylor and Another v Mortimore
| Jurisdiction | England & Wales |
| Judgment Date | 08 June 1861 |
| Date | 08 June 1861 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 574
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
nay lor and another -a. moktimoke. June 8th, 1861. The defendant, in August, 1860, presented a petition to the court of bankruptcy under the 21 Ith section of the Bankrupt Law Consolidation Act, 1849 (i 2 & 13 Viet. c. 106), and obtained the usual order for the protection of his person and property from all process until further order,-which protection was from time to time renewed until the 5th of June, 1861, and his proposal (to pay 10s. in the pound by certain instalments) was assented to by the requisite number of creditors, and approved and confirmed by the commissioner.-On the 5th of March and 4th of April, 1861, the plaintiffs obtained two judgments against the defendant; and on the 21st of April, 1861 (and whilst his protection was in force), they commenced an action against htm upon those judgments:-The court refused to stay the proceedings therein. On the 7th of March, 1861, an action was brought by the plaintiffs agaiuat the defendant as the acceptor of a bill of exchange for 11321. 14s. 7d., in which action judgment was signed on the 25th of March, 1861, for 11581. 15s. 9d. debt and costs: and on the same day a second action was brought by the plaintiffs against the defendant as the acceptor of two bills of exchange for 9551. 7s. 7d. aud 12211. 4s. Id. respectively, in which last-mentioned action judgment was signed on the 4th of April, 1801, for 22571. 9s. 6d., debt and costs and interest. On the 21st of April, 1861, the plaintiffs commenced an action against the defendant upon the above judgments. [567] On the .'! 1st of August, 18(10, the defendant petitioned the court of bankruptcy iincler the 211th and subsequent sections of the Bankrupt Law Consolidation Act, 1849 (12i& 13 Vict.:c. 106), praying that his person and property might be protected from all process, and that such proposal as he might be able to make, or such modification thefeof as by three fifths in number and value of his creditors might be determined, might be earned into effect under the superintendence and control of the court. An order was thereupon made by the commissioner that the person and property of the defendant should be protected from all process until the 26th of September then next, or until further order; and a private sitting was appointed to be held on that day at the court of bankruptcy in Basinghall Street for the proof of...
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...Times, 213. In re DobsonUNK 8 Ir. Ch. Rep. 388. In re Craig Drury's Rep. 394. Blackmore's caseUNK 8 Rep. 157. Naylor v. MortimoreENR 10 C. B., N. S. 566. Ex parte BoyleENR 3 De G. M. & G. 515. Fleuster v. M'ClellandENR 8 C. B., N. S. 357. M'Auley v. Clarendon 8 Ir. Chan. Rep. 121. Allcard v......