The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law.
About this Item
Title
The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law.
Author
Goodinge, Thomas.
Publication
London :: printed for S. Heyrick, C. Harper, J. Place, J. Harrison, S. Keeble, D. Brown, J. Cleave, W. Rogers, R. Sare, W. Reeman, T. Goodwin, M. Wotton, R. Vincent, A. Roper, and J. Brixey,
1695.
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Subject terms
Bankruptcy -- Early works to 1800.
Law -- England -- Early works to 1800.
Cite this Item
"The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A41432.0001.001. University of Michigan Library Digital Collections. Accessed May 16, 2024.
Pages
descriptionPage 143
Assignee shall have Debt on a Bond: Tro∣ver, Det on Contract; Indeb. Assump∣sit: Action on the Case, &c. and other Remedies as the Bankrupt might have.
ASsignee shall have Trover. If the Goods of the Bankrupt come to the hands of A. and be sold by B. no Trover lieth for the Mony or Goods, but the Commissioners have only power of the Mony. But on the Sale to A. by the Bankrupt, the Commissioners may elect to have Mony or Goods, 2 Keb. 348. Micons Case.
Trover lies of Conversion between the Bankrupcy and Assignment: It was held no Trover lay, but on specially shewing the Bailment before and Conversion Mean; yet it hath been held to lie ge∣nerally, 3 Keb. 294. Wellempton and Danby.
In Debt by an Assignee of Com∣missioners of Bankrupts, the Defendant waged his Law Instanter, the Debt being on single Contract between the Defen∣dant, and E. the Bankrupt, 2 Keb. 360. Puckridge and Brown; Siderfin, p. 372. Mesme Case, 3 Keb. 337.
An Action on the Case on Indebitatus, Assumpsit to pay Debt assigned by the Commissioners of Bankrupts, 3 Keb. 625. Coply and Dockmanque.
descriptionPage 144
In Assignment of Debts by the Com∣missioners, there is nothing but a naked thing in Action transferred, and no Estate or Reversion to which it may be annexed, and therefore Privity of Con∣tract must be transferred, or otherwise no∣thing shall be transferred: But if a man seised in Fee, makes a Lease for years, reserving Rent, and after he becomes a Bankrupt, and the Commissioners of Bank∣rupts assign over the Reversion and the Rent, there the Assignee shall have an Action of Debt upon the Privity of the Estate, and not upon Privity of the Con∣tract, 1 Sanders 240. Thursby and Platt.
Action of Trover lieth by the Assignee of one Partner a Bankrupt, against the other, 2 Keb. 750. Thomas and Day.
Notes
Trover▪ Commissioners power of the Mony, and not Goods sold.