Story v Fry
| Jurisdiction | England & Wales |
| Judgment Date | 01 June 1842 |
| Date | 01 June 1842 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 1035
HIGH COURT OF CHANCERY
S. C. 11 L. J. Ch 373; 6 Jur. 1029.
[603] stoky v. fky. May^l, June 1, 1842. [S. C. 11 L. J. Ch. 373; 6 Jur. 1029.] A person, in satisfaction of a previous debt due from him, gave his creditor a bill of exchange, and before the bill arrived at maturity went to India, whence he never returned. As soon as circumstances would permit after his death in India his will was proved by his executors in England ; and within six years after his death a creditors' bill was filed against the executors. Held, that the Plaintiff was not barred by the Statute of Limitations. Qwcere, whether, when a debtor dies abroad and the cause of action or suit has not accrued in his lifetime, a suit may not be instituted for the administration of his effects at any time within six years after probate of his will ] Heal estate in India being made by statute personal assets for the payment of the debts of a deceased debtor, it is unnecessary to make the debtor's heir at law a party to a suit instituted for the administration of the assets. In 1829 Joseph M. Bramley, being indebted to the Plaintiff and his then copartner, James, to the amount of 71, 10s. 6d. for wearing apparel, and being about (1) Eep. temp. Hardw. 312, cited; 2 Vez. sen. 245, cited. See Woddes. Lect. vol. 3, p. 318, and the cases there cited. 1036 STORY V. FRY 1Y. &C. C. C. 604. to sail for India, was applied to by the Plaintiff for payment of the debt. Bramley, being unable at that time to comply with the request, with the consent of the Plaintiff and his co-partner, drew a bill of exchange upon his father for the amount, which his father accepted. The bill bore date the 1st September 1829, and was payable at 18 months to the order of the Plaintiff. On the 3d September 1829 Bramley, the son, went to India, whence he never returned. The bill was from time to time renewed by means of bills accepted by Bramley, the father, for the original amount, and also for a small amount of goods subsequently supplied to the son. The last of these bills became due on the 4th of February 1832, and was dishonoured. In February 1836 Joseph M. Bramley died in India, having by his will, dated the 28th August 1829, devised and bequeathed all his real and personal estate to John Fry and C. J. Showbridge, their heirs, executors, administrators and assigns, upon trust to sell such part as was capable of conversion, and to stand possessed of the proceeds for the...
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James Rea, Deceased; Rea v Rea
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