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LAW JOURNAL REPORTS
THE YEAR 1873:
and in the Erchequer Chamber ;
IN THE COURTS OF
and Erchequer ;
IN THE COURT FOR
Crown Cases Reserved ;
The Ecclesiastical Courts;
The House of Lords Cases are in the Chancery and Common Law Volumes respectively; the Decisions
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
ADMIRALTY CASES, ARE SEPARATELY ARRANGED,
AND FORM DISTINCT VOLUMES OF REPORTS.
THE REPORTS ARE EDITED BY
ARGUED AND DETERMINED
Court of Dueen's Bench,
. AND IN THE
ON ERROR AND ON APPEAL FROM THE QUEEN'S BENCH,
ROBERT SAWYER, Esq., AND ARTHUR PAUL STONE, Esq.,
AND ON APPEAL FROM THE EXCHEQUER CHAMBER TO
The House of Lords,
EDMUND STORY MASKELYNE, Esq., BARRISTER-AT-Law.
CASES ARGUED AND DETERMINED
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.
V MICHAELMAS TERM, 36 VICTORIÆ.
RIMINI V. B. VAN PRAAGH.
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. 20—Bill 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.