Pepys v Low
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1741 |
| Date | 01 January 1741 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 622
IN THE COURT OF KING'S BENCH
622 TERM. PASCH. 1 W. AND M. B. R. CARTHEW, 30. pepys versus Low. Mich. 4 Jae. B. E. Eot. 540, but adjudged in Easter-Term 1 Willi'. lu a special action on the case brought by the plaintiff as assignee of the commissioners of bankrupt, he need not shew how the person became bankrupt. 1 Show. 7. The plaintiff as assignee of the commissioners of bankruptcy of T. S. a trader, brought a special assumpsit against Lowe, one of the debtors of the said T. S. in which he declared, that the said T. S. was a trader, and indebted to the plaintiff, and that the defendant was indebted to T. S. for goods sold and delivered, and that afterwards, (viz.) on such a day in such a year, the said T. S. manifeste devenit decoctor (Anglice, a bankrupt) infra intentionem separal. statut. in hujusmodi casu edit. & provis. vel tin. eorum; then he sets forth a commission of bankruptcy directed to such persons, &c. and that the commissioners had by indenture, &c. assigned this particular debt to the plaintiff, and that in consideration of the premisses the defendant promised to pay, &c. but had not done it, by reason whereof the plaintiff was damnified. Upon a demurrer to this declaration it was objected, that it was ill and incertain, because the plaintiff' had not shewed how T. S. became a bankrupt, (viz.) either by keeping close within his house, by suffering himself to be arrested, or by some other marks or circumstances described in the * Statute of Bankruptcy : and this was compared to the cases of simony, in which the person, who pleads simony in...
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Lapdall against Hart
...for the plaintiff: and held that no issue was joined; and ill in [8] the replication, not saying who did waste. Adjornatwr. (a) In S. C. Carth. 29, it is said that the declaration was held good, and judgment, on demurrer, given for the plaintiff. (a) If lights be stopped by the erection of ......
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Pepis against Low
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