Williams Assignee of Brown, an Insolvent Debtor, against Chambers
| Jurisdiction | England & Wales |
| Judgment Date | 25 February 1847 |
| Date | 25 February 1847 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 130
QUEENS BENCH
S. C. 16 L. J. Q. B. 230; 11 Jur. 798. Discussed, Wadling v. Oliphant, 1875, 1 Q. B. D. 149. Referred, to, In re Roberts, [1900] 1 Q. B. 128.
WiLLiAMS, Assignee of Brown, an Insolvent Debtor, against chambers, Thursday, i' , February 25th, 1847. The assignee of an insolvent debtor cannot recover in respect of work and labour performed by the insolvent, arid necessary for his maintenance, after the making of the vesting order (stat. 1 & 2 Viet. c. 110, (a) See ante, pp. 329, 330. 10Q. B. 338 WILLIAMS V. CHAMBERS 131 s. 37), and before the insolvent's discharge. Though' it appear that the defendant had not paid the insolvent before the assignee interfered. [S. C. 16 L. J. Q. B. 230; 11 Jur. 798. Discussed, Wadling v. Oliphant, 1875, 1 Q. B. D. H9. Referred to, In re Roberts, [1900] 1 Q. B. 128.] Assumpsit by the assignee of the debts, estate and effects of Frederick Lewis Brown, heretofore an insolvent debtor, according to the statutes, &c. The first count of the declaration alleged that defendant, after the making of a certain order by the Court for the Belief of Insolvent Debtors in England, for vesting the estate and effects of the said F. L. Brown, according to the form of the statute, &c., "and after the estate and effects of the said F. L. Brown became vested in the plaintiff as such assignee as aforesaid, and before the final discharge of the said F. L. Brown in pursuance of the said statute, to wit" 1st June 1845, "was indebted to the plaintiff, as such assignee aa aforesaid, in the sum of 1311. 14s., for the work and labour, care, diligence, journeys and attendances of the said F. L. Brown by him, before his said discharge, done, performed and bestowed as the [338] agent of and for the defendant, at his request, and for certain commission and reward due and of right payable from the defendant in respect thereof." Promise to plaintiff, as such assignee, to pay. Breach, nonpayment, to the damage of plaintiff as such assignee. Plea (3) to 1st count. "That the said work and labour, care, diligence, journeys and attendances of the said F, L. Brown, by him done, performed and bestowed as the agent of and for the defendant, as in the said first count mentioned, were, arid every part of the same was, merely the personal labour of the said F. L. Brown in this behalf done, performed and bestowed, respectively, after the making of the said order by the said Court for vesting the estate and effects of the said F. L. Brown, and were, and every part of the same was, then done, performed and bestowed, in and for the necessary present maintenance, support and livelihood of the said F. L. Brown and his family ; and that the moneys, commission and reward, due and payable from defendant in respect of the said work and labour, care, diligence, journeys and attendances of the said F. L. Brown were not more than sufficient for the said necessary maintenance, support and livelihood of the said F. L. Brown and his family." "That, before the commencement of this suit, and before the plaintiff, as such assignee as aforesaid, had ai all intervened and interfered in that behalf, or had made any...
To continue reading
Request your trial
-
Randall v Deputy Commissioner of Taxation
...or income due to the bankrupt because those wages or that income have not vested in the trustee: Williams v Chambers (1847) 10 QB 335; 116 ER 130. Indeed, even if the Court ordered (under the repealed s 131) or the trustee assessed contributions payable by the bankrupt to the trustee, no ri......
- Randall v Deputy Commissioner of Taxation
- Brown v Premier Pet