Perkin v Proctor and Green. C. B
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1799 |
| Date | 01 January 1799 |
| Court | Court of the King's Bench |
English Reports Citation: 95 E.R. 874
IN THE KING'S COURTS AT WESTMINSTER, IN THE COURT OF COMMON PLEAS
perkin versus proctor and green. C. B. Trespass lies against the assignees under a commission of bankruptcy sued out against a victualler, or any other person not liable to be a bankrupt. Trespass for entering the plaintiff's house, and disturbing him in his possession thereof; the second count is for expelling him from the possession thereof; upon the general issue this cause was tried before the Lord Chief Justice Wilmot last Easter term at Westminster; verdict for the plaintiff, damages 401. The evidence given at the trial was as follows; viz. that the plaintiff on the 8th of April 1763, purchased of one William Goodall, a publican, his interest in a term of years in a house he was then in possession of, and held by lease (being the house in which, &c.) which lease had been some time before deposited in the hands of the defendants, who are brewers, (of whom Goodall [383] bought hia beer,) as a security 3 WHS. E. B. 384. TRINITY TERM, 8 GEO. III. 1768 875 for a debt due to them from Goodall: that Goodall granted to the plaintiff an underlease, for which he paid Goodall 401. for the good-will of the house, and paid him 351. for the goods in the house; that upon the 26th of April 1763 a commission of bankrupt issued against Goodall; he was thereupon declared a bankrupt, and the messenger seized all the goods in the house, which were bought by the plaintiff of Goodall with the knowledge and upon the recommendation of the defendants; the plaintiff continuing in possession under his under-lease, and the defendants being assignees of Goodall, brought an ejectment as assignees against the plaintiff, recovered, and put one of their servants in possession of the house: that the plaintiff having at an expence got another public house in the same street, applied for a licence, which was much opposed by the defendants; but the justices being informed how the plaintiff had been treated by the defendants, did remove the licence to the plaintiff, and said they never would license the house so taken possession of by the defendants; and within twelve months afterwards the defendants surrendered their possession under the judgment in ejectment to the original landlord, by which the plaintiff's interest in the houae was lost: that the plaintiff hearing of the late determination in the Court of King's Bench, that a victualler or common alehouse-keeper is not liable to a commission of bankrupt, brought trover for the goods and recovered 351. the sum he paid for the same, and has now brought trespass and recovered the sum of 401...
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