Notley and Others, Assignees of the Estate and Effects of Elias Jarman, Bankrupt, against Buck, Esquire
| Jurisdiction | England & Wales |
| Judgment Date | 16 May 1828 |
| Date | 16 May 1828 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 1003
IN THE COURT OF KING'S BENCH.
S. C. 2 Man. & Ry. 68; 6 L. J. K. B. O. S. 271. Referred to, In re Pearce,
1885, 14 Q. B. D. 970.
[160] notley and others, Assignees of the Estate and Effects of Elias Jarman, Bankrupt, against buck, esquire. Friday, May 16th, 1828. Where a creditor obtained judgment by nil dicit against a trader, and thereupon issued a fi. fa., under which the sheriff seized the goods of the trader, who afterwards, and before the goods were sold, committed an act of bankruptcy, upon which a commission issued, and he was duly declared a bankrupt, of which the sheriff had notice, but nevertheless sold the goods, and paid over the proceeds to the execution-creditor: Held, that he was not justified in paying over the money, and was liable to be sued for it by the assignees, in an action for money had and received. Quaere, whether the sheriff was justified in selling the goods after notice of the bankruptcy 1 [S. C. 2 Man. & Ey. 68 ; 6 L. J. K. B. 0. S. 271. Referred to, In re Pearce, 1885, 14 Q. B. D. 970.] This was an action for money had and received, brought to recover from the late Sheriff of Devon the produce of two executions levied by him upon the goods and chattels of the bankrupt. At the trial before Park J. at the Spring Assizes for the county of Devon, 1827, a verdict was found for the plaintiffs, damages 10511., subject to the opinion of this Court on the following case:- On the 30th of May 1826, Rickman and Webber obtained judgment as of Trinity term, 7 G. 4, against Jarman, a tanner, in the Court of Common Pleas, by nil dicit, for 8001. debt, and 61. 13s. damages, in an action upon a bond dated 14th December 1819. On the 31st of May 1826 a writ of fi. fa. issued upon this judgment, directed to the Sheriff of Devon, returnable on the 7th of June, indorsed to levy 4371. On the same 31st of May Richards and Chadwell obtained a judgment as of Trinity term, 7 G. 4, for 10001. debt, and 61. 10s. damages, in the Court of King's Bench, against Jarman by nil dicit, upon a warrant of attorney, dated the 2d of February 1825, and duly filed. And on the same 31st of May a writ of fi. fa. issued upon this judgment, also directed to the Sheriff of Devon, returnable on the 7th of June. Under both these writs of fi. fa. the defendant, being Sheriff of Devon, on the 2d of June 1826, seized the goods...
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