The Express.
London, England, 1848-06-06 00:00:00

COURT OP EXCHEQUER.

Biting at NW Prins In Try!tt! Tprntbefoie Mr. Baron Parke, at

Wevisalastir.

Pales AND ANOTHAN V. GROOM AND OTIINHA.—BANR-
SUPTCY.—AINIIONNENT AFTER AOQUIN.BDPROPANTT.—Mr.
Watson and Mr. Peterulortf were counsel for the plaintifti.;
and Mr. M. Chambers, Mr. Miller, and Mr. Peacock ap-
peared for the defendants. This was an interpleader issue
directed to try the question whether certain horses were the
property of the plaintiffs or not. The plaintiffs are the trus-
tee' under • deed of assignment, executed by one Wiggins,
a horse dealer and jobber, for the benefit of his creditors, in
August, 1644. By the terms of that deed an advance of
1,5001. was made to Mr. Wiggins, and he was to be allowed
to carry on the trade as usual, with the horses then in his
stables, or let out by Dim on hire, en the Berton' of the
trustees. 'lbis be continued to do till 1847, when the trus-
tees, being dissatisfied with his conduct, determined to put
an end to the arrangement, and in the exercise of powers
reserved to them they did so, at the same time
giving notice to all parties then in possession
of any horses hired by them from Wiggins. This proceeding
irritated that person, and he made a declaration of insol-
vency on the 24th of July, 1847, which, by the operatiou of
the Bankrupt Act, i
as s an act of bankruptcy ; and the ordi-
nary proceedings being taken a fiat w duly i . ssued against
him, under which the defendants were appointed assignees.
In the course of a very short time disputes arose between the
trustees and the assignees, who claimed all the horses,
whether in the possession of Wiggins or let out by him, as
property within his possession, order, and dieporition at the
time of his bankruptcy; while the trustees claimed them,
either as having been subjects of the deed of assign-
meat. or purchased by the insolvent in the way
of his trade, out of the proceeds of that trade or
of horses sold by hint, which were so included. to the
course of the trial it appeared that some of the horses were
purchased out of the earnings of the trade, others with
borrowed money, and others with money partly harrowed
and partly arising from the trade. It also appeared that
the declsration of insolvency had teen made at one o'el ink,
and considerable evides.ce was given to show that the notices

above-mentioned had liven given to the various parties in
whose possession the horses were at that hour en the 211 h
of July. On the part of the defendants it was tont, nded
that the deed was TOW, that the horses purchased after its
execution did not pass to the trustees, and that they all
paired to the defendants under the fiat as property within
the order and disposition of the insolvent at the time
of the declaration of insolvency. On these points • vast body
of evidence was given, the cause lasting two days. At
the conclusion of the case Mr. Baron I'arke summed up the
evidence, directing the jury that the deed was valid, that
the hones purchased out of the earnings of the trade be-
longed to the trustees, as purchased with their money; that
those purchased with borrowed money and partly with the
earnings of the trade also belonged to the trustees ; and that
those purchased from any other source also passed to them,
if the jury thought that the insolvent had so appropriated
them, the evidence being that be had entered them in the
hooks sad accounts in common with the others, and had
himself made no distinction between the two classes. With
respect to the claim of the defendants, that rested entirely on
the question whether the notices had been served before one
o'clock on July 24, at which hour the insolvent bad
been shown, alter great difficulty, to have made his
declaration of insolvency. It was dtubtful whether
[ horses let out on hire could be said to be in
the possession, order, and disposition of • bankrupt,
within the words of the statute, but if these notices had been
given they clearly were nut, fur then the parties actually pos-
sessed of them would hold them as the property of the trus-
tees. The jury would therefore say whether the insolvent had
appropriated the horses above particularly alluded to, and
whether the notices had been served before one o'clock on
the 24th of July so the plaintiffs were entitled to recover
them. he jury deliberated fora few minutes, and then
found generally for the plaintiffs.
In the course of t►e trial Mr. Baron l'arke took occasion
to remark that great convenience would arise from the in-
troduction of the practice of indorsing the exact hour of the
day on all declarations of insolvency, which would put an end
in many cases to great doubts and expense. In this ease, for
want of such official information, a point on which the ver-
dict mainly depended was left to be proved by collateral and
discordant evidence.