Silk aginst Osborn
| Jurisdiction | England & Wales |
| Court | High Court |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
English Reports Citation: 170 E.R. 305
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
Silk aginst Osborn
Not applied, Elliot v. Clayton, 1851, 16 Q. B 581. Referred to, In re Ball, (1899) 2 I R. 313.
[140] Saturday, June 7th. silk against osborn. (An uncertificated bankrupt may maintain an action for work and labour, and materials found, and not for work and labour only.) [Not applied, Elliot v. Clayton, 1851, 16 Q. B 581. Referred to, In re Ball, [1899] 2 I R. 313.] This was an action of assumpsit for work and labour, and materials found, with the usual counts. Plea of the general issue. The plaintiff proved the declaration, the work done, and the materials furnished by him ; but in the course of the evidence it appeared that the plaintiff, at the time of the work and labour done, and then, was an uncertified bankrupt. Garrow for the defendant contended...
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8 cases
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Re Ball
...33 L. J., C. P. 168; 15 C. B. (N. S.) 669. Palmer v. LockeELR 18 Ch. D. 381. Re ClarkeELR [1894] 3 Q. B. 393. Silk v. OsborneENR 1 Esp. 140. The New Land Corporation v. GrayELR [1892] 2 Ch. 138. Webb v. FoxENR 7 T. R. 391. Webb v. FoxENR 7 T. R. 397. VOL. II.] QUEEN'S BENCH DIVISION. 313 IN......
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Ord v Upton
...of law; also the right of action does not pass in respect of wages earned by the bankrupt upon a hiring after the bankruptcy, ( Silk v Osborne 1 Esp. 140); also the right of action cannot be made to pass to the assignees in respect of contracts uncompleted at the time of bankruptcy, by thei......
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Beckham v Drake, Knight, and Surgey
...cannot let out the bankrupt. They cannot [849] contract for his labour." Similar expressions are used by Lord Kenyon in Silk \. Osborne (1 Esp. 140). He said, "the a^igneea could not hire out the bankrupt to make a profit of his labour for their benefit; but that for such demands he should ......
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Coles v Barrow and Another, Assignees of Coles
...appears that they are not all named in the memorial, the annuity is void. Rule discharged. [763] WATSON V. MAINWARING AND OTHERSSilk v. Osborne, 1 Esp. N. P. 140. Webb v. Fox, 7 T. R. 391. Webb v. Ward, 7 T. R. 296. In none of these cases do the Courts go the length of saying that the assig......
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