Park and Others v Prosser

JurisdictionEngland & Wales
Judgment Date12 April 1824
Date12 April 1824
CourtHigh Court

English Reports Citation: 171 E.R. 1151

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS

Park and Others
and
Prosser

[176] Adjourned Sittings at Guildhall, before Lord Chief Justice Abbott. April 12th, 1824 park and others v prosser. (A creditor has a right to call on his debtor for his money at the debtor's lodgings, or other place where he knows him to be, though it is not his place of business, and a denial to a creditor there is as much an act of bankruptcy as if it were his place of business ) This was an action by the assignees of Miller, a bankrupt, to recover some money paid by him to the defendant, after he had committed an act of bankruptcy ; and the only question was as to the validity of the act of bankruptcy relied on It appeared that the money in question was paid on the 15th of March, 1822. A sheriff's officer proved, that he arrested Miller on the 16th of March ; and a widow lady, named Smith, with whom he lodged, at Penfconville, proved, that a creditor of the name of Manton came several times in the course of the fortnight preceding the arrest, and that, in one instance, Miller saw Manton at a distance, coming to the homse, and said to the witness, he is coming, and I am not in the way, and the servant denied him in consequence, in her hearing This was before eleven in the morning The witness further stated, that on several occasions MiEer had said, " If any person calls for me, I am not at home " On cross-examination she proved, that the bankrupt was in the habit of leaving her house in the morning, and going to the George and Vulture, in Cornhill, where he had a room for the purposes of his business The clerk of Manton, the creditor, proved, that he went three times to Miller's lodgings, to demand the money due to his master^ and saw him there on two of the occasions On his cross-examination he admitted, that once [177] when he called he was told to go to the George and Vulture, where he went in consequence, and saw Miller, who did not then make any complaints of his calling at Pentonville, on account of its not being his place of business Gurney, lor the defence, then called the landlord of the George and Vulture,, who proved, that Miller took a bedroom and sitting-room there, which he kept till he was arrested ; that people called on him continually, whom the witness knew to be merchants, and that Miller never gave directions that he should be denied to anyone ; but all saw him if he was at home. Manton, the creditor, was...

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1 cases
  • R v Johnston
    • Ireland
    • Court of Criminal Appeal
    • 13 April 1864
    ...2 Den. C. C. 430. Rex v. ChevertonENR 2 F. & F. 833. Gibney's case Jebb's Cr. Cas. 15. Wilde's case 1 Moo. C. C. 452. Regina v. KerrENR 1 Car. & P. 176. Bartlett's caseENR 7 Car. & P. 832. Regina v. Ellis Ryan & Moo. 422. The Queen v. pettit 4 Cox. C. C. 164. Regina v. Berriman 8 Cox, C. C.......

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