Parslow against Dearlove
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1804 |
| Date | 26 January 1804 |
| Court | Court of the King's Bench |
English Reports Citation: 102 E.R. 898
IN THE COURT OF KING'S BENCH.
[438] pakslow against dearlove. Thursday, Jan. 26th, 1804. School-money for the education, &e. of the defendant's son, payable half-yearly, is not a debt due till the end of the half-year, so as to be proveable under a commission of bankrupt against the parent who became bankrupt a few days before the end of the half-year, though he bad, just before his bankruptcy, taken his son home for the holidays; the contract not being thereby put an end to: and consequently, the bankrupt's certificate under the st. 5 G. 2, c. 30, is no bar to an action against him for the half-year's education, &c. The stat. 7 G. 1, c. 31, s. 1, which enables 4 EAST, 439. PARSLOW V. DEARLOVE 899 debts payable at a future day to be proved under the commission, is confined to written securities. Assumpsit by the plaintiff, a schoolmaster, for the education, board and lodging of the defendant's children, to which the defendant pleaded non-assumpsit, and his bankruptcy and certificate. At the trial before Lord -Ellenborough C.J. at the last sittings at Westminster, it appeared that the school-money had been paid half-yearly ò that the half year, for which...
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...See likewise Ch^lton v. Whiffin ; Goddard v. Vander Heyden, 3 Wils. 262 ; Pattison v. Bankes, Cowper, 540 ; and Parsloui v. Dearlove, 4 East, 438. So likewise it has been [216] determined, where goods were sold and delivered upon an agreement to be paid for by a present bill payable at a fu......