Wymer v Kemble and Masterman
| Jurisdiction | England & Wales |
| Judgment Date | 15 May 1827 |
| Date | 15 May 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 528
IN THE COURT OF KING'S BENCH.
[479] wymbr against kbmble and masteeman. Tuesday, May 15th, 1827. Where A., having a debt from B. secured to him by warrant of attorney, entered up judgment by non sum informatus, issued a fi. fa., and took from the sheriff a bill of sale of the goods seized, and B. having soon afterwards become bankrupt, his assignees took possession of and sold the goods so transferred to A., who brought an action of trover for them : Held, that he was not a creditor, having security for his debt, within the 6 G. 4, e. 16, s. 108, and that he was entitled to recovery. Trover for bank notes, money, household furniture, and stock in trade. Plea, the general issue. At the trial before Lord Tenterden C.J. at the Westminster sittings after Trinity term 1826, a verdict was found for the plaintiff, subject to the opinion of the Court upon the following case: John Mileham, a grocer, being indebted to the plaintiff in the-sum of 6231. 13s. for money lent, secured to the plaintiff by a warrant of attorney bearing date the 24th day of February, in the year of -our Lord 1819, the plaintiff on the 10th day of November 1825, entered up judgment by non sum informatus thereon, and a writ of fieri facias at the suit of the plaintiff, indorsed to levy 6271. 13s., was issued on the same day upon such judgment, by virtue of which writ the Sheriff of Middlesex on the same day, the 10th day of November 1825, levied upon the stock in trade, goods, and chattels of John Milebam within his bailiwick; and having caused them to be duly appraised, by bill of sale duly executed, bearing date the 5th day of December, in the year of our Lord 1825, in consideration of 4021. 17s., bargained and sold the said goods and chattels taken in execution at the suit of the said plaintiff, to have and to hold the same to the said plaintiff as his own goods and chattels to his own use for ever; and on the same day formally delivered possession to the plaintiff of the said goods and chattels; from which time subsequently the plaintiff carried on the business of grocer on the same premises in his own name. On the 23d of December 1825, John Mileham declared himself insolvent, and on the 30th of De-[480]-cember a commission of bankrupt against him was sealed, and on the following day, the 31st day of December, the messenger under such commission seized possession of all the money, goods, and chattels upon the...
To continue reading
Request your trial
-
Hudson, Assignee of Henry, a Bankrupt, v M'Allen
...of Pleas. HUDSON, assignee of HENRY, a bankrupt, and M'ALLEN. Wymer v. KembleENR 6 B. & C. 479. Wiggins v. M'AdamENR 3 Y. & J. 1. Taylor v. TaylorENRHRC 5 B. & C. 392; S. C. 8 D. & R. 159. Notley v. BuckENR 8 B. & C. 160; S. C. 2. Man. & R. 68. Moreland v. PellattENR 8 B. & C. 722. Woodland......
-
Graham and Others, Assignees of the same Bankrupts, against Lynes
...be void " only as (6)1 6 Man. & G. 187 ; S. C. 6 Scott, N. R. 962, 12 L. J. N. S. (C. B.) 304, 1 Dowl. & L. 501. (a) See Wymer v. Kemtte, 6 B. & C. 479; Notley v. Buck, 8 B. & G. 160; Morland v. Pellatt, 8 B. & C. 722; Whitmore v. Robertson, 8 M. & W. 463, Skey v. Carter; 11 M. & W. 571. (6......
-
Godson against Sanctuary
...not within the 108th section as a creditor who, at the time of the bankruptcy, had security for his debt. On this point Wymer v. Kemble (6 B. & C. 479), is an authority. There an actual sale of the goods had taken place before the bankruptcy; here it had not; but the seizure by the sheriff ......
-
Higgins, Assignee of Cartmell (A Bankrupt) v McAdam
...follow from a literal construction of the proviso introduced in this part of the act, that Court, in the case oi:Wyme,r v. Kembh (6 Barn. & Cress. 479), held that, where an execution sued out on a judgment by non sum informatus was actually completed and executed before the bankruptcy of th......