Russell and Another, Assignees of Nicholl, a Bankrupt, v Bell and Another
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1841 |
| Date | 01 January 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 1042
EXCH. OF PLEAS.
S. C. 1 Dowl. (N. S.) 107; 10 L. J. Ex. 300.
[277] russell and another, Assignees of Nicholl, a Bankrupt, v. bell and another. Exch. of Pleas. 1841.-Assumpsit by the assignees of a bankrupt for goods sold and delivered by the bankrupt, with councs for money paid, had and received, and on an account stated. The defendant pleaded by way of set-off, that before notice of any act of bankruptcy, and before the issuing of the fiat, 8M.I&W.278. RUSSELL V. BELL 1043 and before action brought, the defendant gave credit to the bankrupt, by accepting certain bills of exchange for his accommodation, arid at his request, without any consideration or value, which said bills were, before notice of the bankruptcy, negotiated by the bankrupt for his own use and benefit; that the credits so given were likely to end in debts from the bankrupt to the defendants: and that after-; wards, and before the commencement of the action, the defendant paid the said bills:-Held, a good set-off under the 6 Geo. 4, c. 16, s. 50, on the ground that a mutual credit was shewn. Held, also, that the assignees could not reply a fraudulent delivery of the goods. [S. C. 1 Dowl. (N. S.) 107; 10 L. J. Ex, 300.] Aasumpsit by the assignees of Joseph Nicholl, a bankrupt, for goods sold and delivered and money paid by tbe bankrupt, money had and received to his use, and for money found to be due on an account stated with him. The defendant pleaded, except as to £320, parcel &o., and except as to £140, parcel &c., non assumpsit. Secondly, as to the said sum of XI40, parcel of the monies in the first, second, third, and fourth counts of the said declaration mentioned, and not being any part of the said sum of £320, parcel &c., in the next plea mentioned, th_e defendants say, that the plaintiffs ought not to maintain their aforesaid action thereof against them, because they say, that long before they, the defendants, had aay notice that any act of bankruptcy had been committed by the said Joseph Nicholl, and long before any fiat of bankruptcy issued against the said Joseph Nieholl, and before the commencement of this suit, to wit, on the 10th of August, 1839, and on divers other days and times between that day and the 18th day of September in that year, the defendants gave credit to the said Joseph Nicholl to a large amount, to wit, to the amount of 5861. 19s., by...
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