Storr against Lee and Wife
| Jurisdiction | England & Wales |
| Judgment Date | 06 February 1839 |
| Date | 06 February 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 112 E.R. 1443
IN THE COURT OF QUEEN'S BENCH
9 AD. SB. 888. STORR V. LEE 1443 [868] store against lee and wife. Wednesday, February 6th, 1839. Discharge of the wife under the Insolvent Debtors' Act, 7 G. 4, c. 57, before marriage is a bar to an action against husband and wife in respect of one of the scheduled debts. Semble, that where a discharged female insolvent acquires property and marries, whereby the property vests in her husband the statute affords no remedy by which it can be made available to her former creditors. Debt for goods sold to defendant's wife before her marriage. Plea, that the wife was discharged from the debt under the Act for the Relief of Insolvent Debtors (7 G. 4, o. 57), while sole and unmarried. General demurrer and joinder. E. V. Williams, for the plaintiff. If this plea is a bar, there will be no remedy for the creditor of a discharged insolvent who marries, whatever amount of property she may have acquired after her discharge. No execution can be taken out on the judgment entered up against her upon the warrant of attorney given by her under sect. 57, because, after marriage, she can have no "ability to pay" within that section. Sects. 58 and 5& are equally inoperative ; for she cannot assign or transfer any bills, notes, or other property; and the interest of the husband in all her property will prevent any order from being made under either of those sections. Whether the after-acquired property became vested in the insolvent before or after marriage, is immaterial; in either case, the Act provides no means of making it available after she has escaped from her liability by marriage. If, therefore, the Act provides no remedy, the ordinary remedy at common law must attach against the husband and wife, as it cannot be supposed that the Legislature intended to release the debt altogether. The wife's debt, mentioned in her schedule, is discharged on the condition only of her giving an available security against her future property. [869] If it becomes a nullity by her marriage, the consideration for her discharge fails, and payment of the debt may be enforced by action. The plea given by the statute, sect. 61, is given only to the person discharged, "and his or her heirs, executors, and administrators," and not to any other person. The husband has no such plea given to him. The wife should therefore plead it separately, if she is entitled to plead it at all; and then the...
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