Taylor against Buchanan
| Jurisdiction | England & Wales |
| Judgment Date | 22 June 1825 |
| Date | 22 June 1825 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 1116
IN THE COURT OF KING'S BENCH.
[419] taylor against buchanan. Wednesday, June 22, 1825. An insolvent may sue upon a contract of sale made by him subsequently to the hearing of his petition by the Court for Belief of Insolvent Debtors, and while he was detained in prison by their order. The effect of the discharge is to relieve the insolvent only to the extent of the specific debts described in the schedule. Debt for goods sold and delivered. Pleas nil debet and set off. At the trial before Littledale J. at the sittings after Michaelmas term 1824, the plaintiff proved a debt of 81. 5s. for oats sold and delivered on the 31st May 1823. The defendant proved a set-off for medicines, to the amount of 441. 18s, lid. The plaintiff, in reply, put in his discharge by the Insolvent Debtors' Court, whereby it appeared that his petition was heard on the 10th March 1823, and by which the Court adjudged, that he should be discharged forthwith, as to the several debts specified in his schedule, except a certain debt of 781., fraudulently contracted with one Charles Mann (not the defendant's demand), and that in respect of Mann's demand he should be kept in prison for nine months. Upon the production of the plaintiff's schedule, exhibited in the Insolvent Debtors' Court, it appeared that the defendant's demand was set down as amounting to 81. Os. 8d. only, instead of 441. 18s. lid., the sum proved. Upon this the defendant's counsel insisted that the plaintiff was not competent to contract at the time of the supposed sale, he being in custody at that time under the order of the Insolvent Debtors' Court. That the plaintiff's discharge could only extend to the sum specified in the schedule, and that as the difference between that sum 81. Os. 8d. and the sum proved 441. 18s. lid., exceeded the demand for which this action was brought, the plaintiff ought to be nonsuited. The learned Judge permitted the plaintiff to recover a verdict for 81. 5s., with liberty to the defendant to move [420] to enter a nonsuit upon any of the different points raised at the trial. D. F. Jones moved accordingly to enter a nonsuit, and contended, first, that the plaintiff could not sue in respect of a contract made during the time for which he was remanded by the Insolvent Debtors' Court. This was not a demand for the labour or personal earnings of the plaintiff (a), but for goods sold and delivered ; and at the time of the alleged sale, the plaintiff's liberation had not taken place, and all his property belonged to the assignees under the Insolvent Debtors' Act. The Court, however, referred to the case of...
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