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THE

FOR

COMPRISING

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IN THE

LAW JOURNAL REPORTS

THE YEAR 1873:
REPORTS OF CASES
#n the House of Lords, in the Privy Council,

and in the Erchequer Chamber ;
Courts of Chancery and Bankruptep;

IN THE COURTS OF
Queen's Bench and the Bail Court, Common Pleas,

and Erchequer ;

IN THE COURT FOR

Crown Cases Reserved ;
In The High Court of Admiralty, The Court of Probate,
The Court for Divorce and Matrimonial Causes, and

The Ecclesiastical Courts;
MICHAELMAS TERM, 1872, TO MICHAELMAS TERM, 1873.

The House of Lords Cases are in the Chancery and Common Law Volumes respectively; the Decisions
in the Exchequer Chamber will be found with the Reports of Cases in the respective Courts from which the
Errors and Appeals come; the Appeals from Revising Barristers are in the Common Pleas; and the
County Court Appeals are in the Queen's Bench, Common Pleas, and Exchequer respectively.

THESE CASES (EQUITY AND COMMON LAW) FORM Two DISTINCT VOLUMES OF REPORTS.

THE CASES RELATING TO THE POOR LAWS, THE CRIMINAL LAW, AND OTHER SUBJECTS CIIIEFLY

CONNECTED WITH THE DUTIES AND OFFICE OF MAGISTRATES, ARE

SEPARATELY ARRANGED, AND FORM A DISTINCT VOLUME OF REPORTS.

THE PRIVY COUNCIL CASES, THE PROBATE CASES AND DIVORCE AND
MATRIMONIAL CASES, THE ECCLESIASTICAL CASES, AND THE

ADMIRALTY CASES, ARE SEPARATELY ARRANGED,

AND FORM DISTINCT VOLUMES OF REPORTS.

THE REPORTS ARE EDITED BY
MONTAGU CHAMBERS, Esq., ONE OF HER MAJESTY'S COUNSEL,
FRANCIS TOWERS STREETEN, Esq.,

AND
FREDERICK HOARE COLT, Esq., BARRISTERS-AT-LAW.

COMMON LAW.
NEW SERIES, VOL. XLII.

LONDON:
PRINTED BY SPOTTISWOODE AND CO. NEW-STREET SQUARE.
PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE.

MDCCCLXXIII.

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CASES

ARGUED AND DETERMINED

IN THE

Court of Dueen's Bench,

. AND IN THE

Erchequer Chamber

ON ERROR AND ON APPEAL FROM THE QUEEN'S BENCH,

REPORTED BY

ROBERT SAWYER, Esq., AND ARTHUR PAUL STONE, Esq.,

BARRISTERS-AT-LAW;

AND ON APPEAL FROM THE EXCHEQUER CHAMBER TO

The House of Lords,

REPORTED BY

EDMUND STORY MASKELYNE, Esq., BARRISTER-AT-Law.

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CASES ARGUED AND DETERMINED

IN THE

Court of Nueen's Bench

AND IN THE

Erchequer Chamber and House of Lords

ON ERROR AND APPEAL IN CASES IN THE COURT OF QUEEN'S BENCH.

Grasham

V MICHAELMAS TERM, 36 VICTORIÆ.
hur full. 44.12. th. 158,

RIMINI V. B. VAN PRAAGH.

1872.

merchant, and he and J. Van Praagh were Nov. 8.

indebted to the plaintiff and other persons, Bankruptcy Repeal Act, 1869 (32 & 33

and thereupon a deed was made between

the plaintiff and J. Van Praagh and their Vict. c. 83), 8. 20Bill given for Debt dis

creditors in the words and figures followcharged by Bankruptcy-Bankruptcy Aet, ing. [The plea then set out the deed, dated 1861 (24 & 25 Vict. c. 134), 8. 164.

July 13th, 1869, by which B. and J. Van No action can be maintained on a bill Praagh assigned all their property to a accepted in consideration only of a debt trustee, to be administered for the benefit discharged by a bankruptcy or arrange- of their creditors as in bankruptcy, and ment under the Bankruptcy Act, 1861, the creditors, in consideration of the deed, although such bill was given after the repeal released the debtors in like manner as if of this Act by the Bankruptcy Repeal Act, they had obtained a discharge in bank1869 (32 & 33 Vict. c. 83).

ruptcy.] The plea then averred per

formance of all conditions precedent; and Declaration by plaintiff, as the indorsee that after the deed had become bindof a bill for 451. at twenty days, dated Janu. ing on the plaintiff, the bills in the declaary 2nd, 1870, and accepted by defendant; ration mentioned were drawn, accepted, and as indorsee of another bill for 301. at and indorsed to the plaintiff as in the two months, dated January 20th, 1870, declaration mentioned, and save as aforeand accepted by defendant. Common said there never was any consideration counts for interest and money due on ac- for the drawing, indorsing, acceptance, or counts stated.

payment of the bills or either of them by Third plea to the first and second counts, the defendant, and the plaintiff first reand as to so much of the third count as ceived and always held the bills without referred to money payable upon an ac- value, and with notice of the premises. count stated, that before the drawing or Demurrer and joinder in demurrer. acceptance of the bills, or either of them, Littler, in support of the demurrer.the defendant carried on business in part- The plea is bad. There can be no doubt nership with J. Van Praagh as a diamond that had the bills in question been acNew SERIES, 12.-Q.B.

B

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