Tribe and Another Assignees of R Burchall a Bankrupt against Webber
| Jurisdiction | England & Wales |
| Judgment Date | 02 May 1744 |
| Date | 02 May 1744 |
| Court | Court of Common Pleas |
English Reports Citation: 125 E.R. 1270
Common Pleas Division
1270 TRIBE V. WEBBER WILLES, 464. [464] the directions of which Act the plaintiff had duly qualified himself as a Baptist teacher or preacher. It was also proved that ever since the Toleration Act it had been usual for Baptist ministers in many instances to carry on secular business or employment. The question reserved was whether the plaintiff as such minister was exempt from serving the duty or office of collector. After argument by Wynne Serjt. for the plaintiff, and Skinner Serjt. for the defendant, The Court gave judgment for the plaintiff (a). TRIBE AND ANOTHER Assignees of R. Harebell a Bankrupt against WEBBER. E. 17 G. 2. Wednesday, May 2d, 1744. Where a debtor gives bail on an arrest, and afterwards surrenders himself in discharge of his bail, and then lies in prison two months, he becomes a bankrupt from the time of his going to prison, not from the time of his arrest.Bull. N. P. 38. 7 Vin. Abr. 64, note, S. C. Assumpsit for money had and received to the use of the assignees by the defendant, who pleaded the general issue. On the trial a verdict was given for the plaintiffs for 3651. 18s. subject to the opinion of this Court on the following case. The 18s., for many years before and at the time of his bankruptcy was a scrivener. On the 23d of June 1740 he was arrested by the Sheriffe of London at the suit of the [465] plaintiff (Tribe) in an action of debt on bond for 20001. ; and he put in special bail. On the 13th of April 1741 he surrendered himself to the King's Bench prison in discharge of his bail to that action and also in discharge of his bail to several other actions, and from that time he continued a prisoner there for two months and upwards. On the 3d of April 1742 a commission of bankrupt issued against him on the petition of the plaintiff Tribe, and he was declared a bankrupt, and the plaintiffs were chosen his assignees. The bankrupt being indebted to the defendant in 3651. 18s., and P. Meyer being also indebted to the bankrupt in a larger sum of money, Meyer by the order and on the account of the bankrupt paid to the defendant the several sums following at the days hereafter mentioned, s. d. 21st January 1740, 1 . 47 0 0 22d January 1740, 1 , . 300 0 0 18th August 1741, when the bankrupt was a prisoner, as above 18 18 0 365 18 0 so that the two first sums paid by Meyer to the defendant on the...
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Atkins v Hutchinson
...of Ventris, Skinner, and Shower: and this is agreeable to more recent decisions; see Cane v. Coleman, 1 Salk. 109. Tribe v. Webber, Willes, 464. S. C. Bull. N. P. 38. Rose v. Green, 1 Burr. 437. S. C. Bull. N. P. 39. Barnard v. Palmer, 1 Camp. 509. Stevens v. Jackson, 4 Camp. 164. S. C. 1 M......
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Clarke v Ryall
...the day of the arrest, &c., is to be taken into the computation of the two lunar months ; Harwell v. Ward, 1 Atk. 260; Tribe v. Webber, Willes, 464, Davies, 376, S. C.; Rose v. Green, 1 Burr. 437, 439 ; Coppendale v. Sridgen, 2 Burr. 814 ; "The only distinction to be taken between this and ......