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5. (Petition.) A petition of assignees is informal if signed by only one.
Exp. White, 366. 6. (Official.) An official assignee, having no funds in hand, cannot be com
pelled to join in a suit in equity with the other assignees without being indemnified as to the costs. But if he improperly refuses to join in such suit, he may be made a defendant, and then incur the risk of having to
pay his own costs.—Exp. Evans, 470. BANKRUPT. A bankrupt, on passing his last examination, neglected to disclose an interest
which he possessed in certain property : after a lapse of twenty years he petitioned for a fiat to be issued to fresh commissioners, (only one of the original being alive), and that the assignee might be ordered to account. The Court allowed a fiat to be issued in the name of a creditor, but refused an inquiry against the assignee.—Exp. Holder, 276. BILLS OF EXCHANGE.
The holder of a bill of exchange falling due and being dishonoured after the bankruptcy of the drawer, is bound to use diligence in giving notice to the bankrupt, or his assignees, of the dishonour of the bill. Therefore, where the bankrupt's house continued open in his absence after the bankruptcy, the messenger being in possession during part of the time, and the bankrupt's wife or clerk during the other period of his absence: Held, that the holder was, at least, bound to leave notice at the bankrupt’s house. (Rhode v. Proctor, 4 B. & C. 517; Exp. Rhode, M. & Man. 430.)- Exp.
Johnson, 433. CERTIFICATE. ' Under the Bankruptcy Court Act, the bankrupt is not bound to pay the fee
for the signature of the commissioner to his certificate, but the assignees, it seems, are now liable for the payment of it.-- In the matter of Dawson,
317. DIVIDENDS. 1. (Refunding.) After a proof by A., as the holder of a bill of exchange,
B. pays it for the honour of the drawer, which is unknown to the assignees until after several dividends had been paid by them to A.'s representatives. Upon a petition by the assignees to expunge the proof and have the dividends refunded: Held, that the drawer of the bill, or B., who paid it for his honour, ought to have been served with the petition, notwithstanding the assignees had obtained the possession of the bill.— Exp. Green
wood. 2. (Unclaimed.) Unclaimed dividends can only be ordered to be divided
among all the other creditors generally, and not among a particular class
of creditors.--Exp. Lackington, 331. FIAT. 1. (Amending.) Quære, Whether the date of a fiat, which had not been
opened, can be altered, so as to give effect to a subsequent act of bankruptey.—In the matter of Roberts, 315.
2. (Same.) Quære, Whether the Court can direct the amendment of a fiat
without the approbation of the Lord Chancellor; and whether this can be
done now after adjudication. In the matter of Bell, 326. 3. (New.) A new fiat was issued on the application of the petitioning cre
ditor, to give effect to a more recent act of bankruptcy, the time for
opening the first fiat not having expired.- In re Cruwley, 251. 4. (Same.) A renewed fiat can only be issued by a creditor whose debt is
sufficient to support the original fiat.- Eap. Maude, 365. JURISDICTION. The Court will not interfere betwecn two adverse claimants, one claiming as
equitable mortgagee, and the other under a prior lease made by the bankrupt of the same property, when the estate of the bankrupt has no interest
in the question. (Exp. Allison, 1 G. & J. 210.)- Exp. Royds, 294. LIEN 1. (Partners) The managing owner of a ship received the warrants for the
freight, and paid them into a bank in his own name, drawing out the proceeds, which were partly applied for the use of the ship : Held, that the other owners had no lien on this fund in the hands of the bankers, nor
any claim against the bankers as their debtors.— Exp. Gribble, 339. 2. (Equitable.) The bankrupt, being indebted to the petitioners as the ac
ceptor of two bills of exchange, entered into an agreement with them and W. L. that the bills should be paid out of the proceeds of certain property, the deeds of which were then in the hands of W. L. for sale: Held, that the petitioners might claim as equitable mortgagees, but subject to any
prior lien of W. L.—Erp. Greenhill, 334. 3. (Acquiescence.) A debenture for a tontine annuity was deposited by an
intestate with his bankers, one of whom received the dividends and placed them to the credit of the intestate's account. The intestate died in 1801, and a commission issued against the bankers in 1810; notwithstanding which, the same partner continued to receive the dividends and pay them to the intestate's widow, up to the period of his own death, which happened in 1822: sometime after which the assignees of the bankers claimed a lien on the debenture, for a debt due from the intestate to the banking-house : Held, that after so long an acquiescence the assignees had no lien, and that the debenture could not be said to be in the order and disposition of
the bankrupt, the case being one of trust.-- Exp. Douglas, 310. 1'' PARTNERS 1. (Petitioning creditor's debt.) The bankrupt, who was in partnership with
W. P., borrowed various sums of him by way of personal loan, and upon the dissolution of the partnership, purchased the stock in trade for a stipulated sum. W. P. made out an account, entitled “ Mr. H. P. (the bankrupt) in account with H. and W. P.:" Held, that W. P. had a good
petitioning creditor's debt, notwithstanding this mode of entitling the · account.-Exp. Richardson, 244. 2. (Petitioning creditor's debt.) A. lends B. money, to enable him to com
mence a trade, at five per cent. interest. After the loan, B. agrees to pay to A. one-eighth of the annual profits, by monthly payments, which offer A. accepts, and B. accordingly makes several monthly payments, for which A. gives B. receipts on account: Held, that the balance of the principal and interest due from B. to A. was a good petitioning creditor's debt, not
arising out of a partnership.— Exp. Briggs, 367. PAUPER. A libellous hand-bill, published by the bankrupt, against the assignees and
the solicitor to the commission, is not a sufficient ground for discharging an order which allowed the bankrupt to petition in forma pruperis.-Exp. Morland, 248.
the fiat had elapsed, it was ordered, that another creditor might take new
docket papers into the office; and if the first fiat was not prosecuted, that ' he might then issue a fresh fiat. — Exp. Smith, 309. PRACTICE. , 1. (Excepting to Master's report.) A party objecting to the Master's report
should either present a petition to except to it, or give notice to the other
side of the nature of the objection.--Exp. Millard, 243. 2. (Service of notice of motion.) Before a motion is made that the petition
of the bankrupt for a supersedeas shall be dismissed, on the ground of his being out of the jurisdiction of the Court, the respondent should serve the bankrupt's agent with notice of the motion, having previously obtained an
order that service on the agent shall be good service.- Erp. Drake, 284, 3. (Recording proceedings.) Under the 6 G. 4, c. 16, s. 96, the Court has
a general power, upon petition, to direct the proceedings to be entered of
record.— Exp. Thomas, 292. 4. (Petition.) When a petition has been half heard it cannot be amended
on payment merely of the common costs of the day, but it must be pro
ceeded with.— Exp. Turrill, 346. 5. (Same.) Where the respondent did not appear, and the petitioner took
such order as he could abide by, the Court refused to restore the petition.
- In the matter of Wilks, 338. PRINCIPAL AND FACTOR. A. in France, employs B. in England to sell wines on commission, as well as
to purchase other wines on A.'s account in London, for which purpose he furnishes him with letters of credit. The wines were generally bought and sold by B. in his own name. Part of the wines consigned by A. were in the dock warehouses, standing in B.'s name, and part formed one indiscriminate stock in B.'s cellar. A. closes the connection with B. and requires him to deliver up all the wines, but B. neglects to comply with this requisition, and shortly afterwards becomes bankrupt: Held, that the assignees should deliver up to A. all the wines; that A, should be allowed to sue
the purchasers of the wines for the price in the names of the bankrupt and his assignees; but that no order could be made with regard to any monies, the produce of the wines, if mixed with the monies of the bankrupt.
Exp. Moldant, 351. . PROOF. 1. (Exchange of acceptances.) A. and B. exchange their acceptances of
bills drawn on them by a third party, and all become bankrupt before the bills become due. The acceptances of A. are negociated by the drawer, and proved by the holders under each commission, who receive dividends : Held, that A.'s assignees might prove the amount of B.'s acceptances under B.'s commission, subject to a retention of the dividends until it was
ascertained what each estate would pay on the whole of their liabilities: | Exp. Solarte, 419. 2. (Laches.) When the omission to prove a debt proceeds from the credi
tor's own laches, the Court will not order a dividend to be stayed until his
petition to prove can be heard.—Exp. Brees, 283. 3. (Consideration.) F. and Co. sold goods to John W., for which a small
part of the price was paid in cash, and the remainder by two bills at four months, but the goods were to remain in the hands of F. and Co. as a security for the payment of the bills. The bills not being paid when due John W. sent F. and Co. two other bills drawn by himself on Joshua W., for which no consideration was given to Joshua W., the acceptor. Before these bills fell due, both John W. and Joshua W. became bankrupts, and the price of the goods had fallen so much in the market, that F. and Co. afterwards sold them for not a third of the price at which John W. had bought, and they then proved for the deficiency under John W.'s commission: Held, that F. and Co. were entitled to prove for the amount of the two bills under Joshua W.'s commission, without deducting the proceeds
of the sale of the goods.-- Exp. Fairlie, 285. REPUTED OWNERSHIP, Ą. was in the habit of sending skins to B., his son's, tan-yard to be dressed,
with an account, as of a sale to B., who rendered an account, as of a sale of the dressed leather to A.: Held, that some of these skins which were mixed with B.'s general stock at the time of his bankruptcy passed to his
assignees.--Exp. Barton, 329. SCANDAL. Where an affidavit is reported to be scandalous, the agent in London, who
files the affidavit, is responsible for the costs as between attorney and client, notwithstanding the country attorney may have himself drawn the
affidavit, (Exp. Kirby, Mont. 68.)—Exp. Wake, 246. SERVANT. The guard of a stage coach hired at weekly wages is not a servant within
the meaning of 6 G. 4, c. 16, s. 48.- Exp. Skinner, 332. SET-OFF. J. apprenticed his son to the bankrupt two years before his bankruptcy, and
agreed to pay a premium of 2001. J. was in partnership with T., and the bankrupt owed them a joint debt exceeding the amount of the apprentice fee due from J. to the bankrupt. J. cannot set off the apprentice fee against the joint debt due from the bankrupt to J. and T.-Exp. Soames,
320. SUPERSEDEAS. On a petition by a creditor to supersede on the ground of concert, the Lord
Chancellor had directed an issue, which was found in favour of the commission. The assignees and the creditor then presented a petition, the former for their costs, and the latter for a new trial. The Court of Review, being satisfied of the act of concert, superseded the commission at once.
Exp. Harwood, 252. TAXATION. An order was refused to tax a messenger's bill, which had been paid five
years ago, where there was no recent discovery of any fraudulent charge
contained in it.- Exp. Willment, 364. USURY. 1. A. employs B. as a calico printer, and before the accounts for printing
become due, from time to time advances him various sums of money, charging him besides interest 1l. 10s. per cent. as a trade premium, which it was customary for persons in the same trade to take under the like cir. cumstances. A. was also in the habit of paying debts owing by B. to other persons before they became due, when A. deducted the usual discount, but charged B. with the full amount of the debt, besides interest and the trade premium above mentioned. Semble, that both those modes of dealing were usurious; they were, at least, of so suspicious a nature that the Court declined to make an order for the sale of property under a mortgage deed, but directed an action of ejectment to be brought by A.
against the assignees. Exp. Millington, 298. 2. Where sums of money advanced, and to be advanced, are secured by
deed, and any of the dealings then contemplated are tainted with usury, the deed is wholly void as a security, although the legal debt is not im
peached.-S. C. WAIVER. A formal objection to a notice of motion is waived by the party appearing
and requesting further time to oppose it.— Exp. Morland, 248.