Ratton against Davin
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1841 |
| Date | 01 January 1841 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 1220
IN THE COURT OF QUEEN'S BENCH.
S. C. IG. & D. 47; 5 Jur. 891.
hankey and others, Assignees of West a Bankrupt, against cobb. 1841. In order to induce a creditor to sign the certificate of a bankrupt, A. gave him an undertaking that, in consideration that the creditor would sell goods to the bankrupt, he, A., would guarantee payment to a certain extent at any time during the dealings between him and the bankrupt. Held, that the guarantee was void by sect. 125 of the Bankrupt Act, 6 G. 4, c. 16. [S. C. 1 G. & D. 47 ; 5 Jur. 891.] Assumpsit on a guarantee. Plea, rion assumpsit, by statute. On the trial, before Lord Denman C.J., at the sittings in London after Trinity term, 1839, it appeared that the defendant had given the following [491] guarantee in writing (on which the declaration was framed) to the bankrupt West. " Mr. Joseph West.-In consideration of your selling and delivering goods to Mr. Bubans Martin of Sydenham, I hereby guarantee the payment of the same after the usual credit of two months shall have expired, to the extent of not exceeding the (a) See Regina v. Gregory, 8 A. & E. 907. IQ.B.492. HANKEY V. COBB 1221 sum of 1501, at any time during your dealings together. Dated thia 25th day of March 1836. (1. cobb." It was also proved that at the date of the guarantee Martin was a bankrupt, and West one of hia creditors; that West had several times refused to sign Martin's certificate, but at last consented on condition that he should supply Martin with goods, and have a guarantee for the payment; whereupon the writing in question was given as an inducement to West to sign, and in consideration of his signing, the certificate. The defendant's counsel contended that, under these circumstances, the contract declared upon was void by stat. 6 G. 4, c. 16, s. 125 ; and, independently of the statute, that the plaintiffs must be nonsuited, because the contract in evidence varied, as...
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