Pott and Others v Reynolds and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1747 |
| Date | 01 January 1747 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 1126
HIGH COURT OF CHANCERY
3ATK. 565. SKIP V. HARWOOB 1125 Case 211.-skip versus harwood, August 11, 1747. A commission of bankruptcy cannot supersede a decree of this court for a receiver, which is a discretionary power exercised by this court with as great utility as any sort of authority that belongs to them, and-is provisional only, and does not affect the right of parties. The plaintiff and the defendants had been partners together in the brewing trade, several disputes had arisen between them and actions, amongst the rest an action in the court of Common Pleas, and the partnership, by the consent of both, was dissolved in 1741. Mr. Skip afterwards brings his bill here for an account of what was due to him from the partnership, and on the 30th of June last there was a decree for a receiver to collect in the partnership debts, and that Mr. Harwood should not dispose of any part of the dead stock. (" An order that Harwood should give security to pay what " should be found due on the balance of the accounts : and that the causes should stand " over. On the sixth of July, there was a decree," &c.) The morning of the decree Mr. Harwood removed no less than 250 butts of beer in a fraudulent collusive manner, in order to evade the decree he expected would be made in the cause, for he was present in court during the hearing, which lasted three days. (By an order of the fifteenth of July the court ordered that Harwood should bring back all the stock, which he had removed upon or.since the 6th of July.) On the 14th of July a commission of bankruptcy issued against Harwood, and he was found by the commissioners to have committed an act of bankruptcy on the llth of the same month. The assignees under the commission, who are in possession of the goods that were clandestinely conveyed away, insist they have a right to detain them, notwithstanding the decree Mr. Skip has obtained, and that he must now come in pari passu with other creditors under the commission. Lord Chancellor. A judgment creditor, to be sure, has no preference under commissions of bankruptcy, though execution has been taken out, if not actually executed ; but then a commission of bankruptcy cannot supersede a decree of this court for a receiver, which is of a different...
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