Sheldon and Others, Assignees of the Estate and Effects of De Roche and Others, v Rothschild
| Jurisdiction | England & Wales |
| Judgment Date | 03 February 1818 |
| Date | 03 February 1818 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 343
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 2 Moore, 43.
8 TAUNT. 166. SHELDOJS V. KOTHSCH1LD 343 [156] sheldon and others, Assignees of the Estate and Effects of De Rocho and Others, v. rothschild. Feb. 3, 1818. [S. C. 2 Moore, 43.] A. drew a bill on B. for 4001., which B., who was not then indebted to A., accepted. B. afterwards became indebted to A. in 2361. Ha. 3d., and thun drew on him for 1631. 8s. 9d,, the balance of the 4001., and hia last bill was sold to C. for its full value, to be paid for on a certain day. On that day B. committed an act of bankruptcy, a.nd requested C. to keep the bill at the disposal of A. till B. had paid the bill for 4001., as he was not then entitled to the money until the bill for 4001. was paid. Three daya after the bankruptcy, A., ignorant of that fact, accepted the bill, and afterwards paid the money to G., on an agreement that he should resist any ulaim of the assignees. The bill for 4001. at this time remained over due and unpaid in the hands of A., and B. was indebted to him in more than the amount of the bill in question : Held, that the assignees of B. could not recover against G,, he being in tbe same situation as A., who had a larger claim against the estate of B., this being considered a case of mutual credit between A. and the bankrupts. Aasumpsib for money had and received. At the trial of the cause, before Park J., at the sittings after last Michaelmas terra, a verdict was found for the Plaintiffs for the sura of 1631. 8s. 9d., with liberty to the Defendant to move to enter a nonsuit, if the Court should be of opinion that the action was not maintainable. On application to the Court in Hilary term last, for that purpose, the Court directed a case, which was, in substance, us follows : The Plaintiffs are the assignees of Rudolpha Tschitfely de Roche, John Pen-in, and Henry Lewis John Samuel Rodolphus Roehas, who became bankrupts, on the 20th February, 1816, between the hours of ten and eleven o'clock in the morning, and a commission, dated the 3d April, was issued against them, under which the Plaintiffs were duly chosen assignees. Previous to their bankruptcy, the bankrupts had dealings with Mr. Otte, of Hamburgh, and on the 1st January, 1816, Mr. Otte drew a bill on the bankrupts, for 4001., payable two months after date, which the bankrupts accepted. At that...
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Rowland Israell, - Appellant; Anna Woollery Rodon, - Respondent
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