THE LAW JOURNAL REPORTS FOR THE YEAR 1873: COMPRISING REPORTS OF CASES In the House of Lords, In the Privy Council, IN THE Courts of Chancery and Bankruptcy ; IN THE COURTS OF Queen's Bench and the Bail Court, Common Pleas, IN THE COURT FOR Crown Cases Reserved; In The High Court of Admiralty, The Court of Probate, MICHAELMAS TERM, 1872, TO MICHAELMAS TERM, 1873. 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 CHIEFLY THE PRIVY COUNCIL CASES, THE PROBATE CASES AND DIVORCE AND AND FORM DISTINCT VOLUMES OF REPORTS. THE REPORTS ARE EDITED BY MONTAGU CHAMBERS, ESQ., ONE OF HER MAJESTY'S COUNSEL, 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. CASES ARGUED AND DETERMINED IN THE Court of Queen's Bench, . AND IN THE Exchequer 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. CASES ARGUED AND DETERMINED IN THE Court of Queen's Bench AND IN THE Exchequer Chamber and house of Lords ON ERROR AND APPEAL IN CASES IN THE COURT OF QUEEN'S BENCH. Grasham 1872. Nov. 8. MICHAELMAS TERM, 36 VICTORIÆ. RIMINI v. B. VAN PRAAGH. Bankruptcy Repeal Act, 1869 (32 & 33 Vict. c. 83), s. 20-Bill given for Debt discharged by Bankruptcy Bankruptcy Act, 1861 (24 & 25 Vict. c. 134), s. 164. No action can be maintained on a bill accepted in consideration only of a debt discharged by a bankruptcy or arrangement under the Bankruptcy Act, 1861, although such bill was given after the repeal of this Act by the Bankruptcy Repeal Act, 1869 (32 & 33 Vict. c. 83). Declaration by plaintiff, as the indorsee of a bill for 451. at twenty days, dated January 2nd, 1870, and accepted by defendant; and as indorsee of another bill for 301. at two months, dated January 20th, 1870, and accepted by defendant. Common counts for interest and money due on accounts stated. Third plea to the first and second counts, and as to so much of the third count as referred to money payable upon an account stated, that before the drawing or acceptance of the bills, or either of them, the defendant carried on business in partnership with J. Van Praagh as a diamond NEW SERIES, 42.-Q.B. merchant, and he and J. Van Praagh were indebted to the plaintiff and other persons, and thereupon a deed was made between the plaintiff and J. Van Praagh and their creditors in the words and figures following. [The plea then set out the deed, dated July 13th, 1869, by which B. and J. Van Praagh assigned all their property to a trustee, to be administered for the benefit of their creditors as in bankruptcy, and the creditors, in consideration of the deed, released the debtors in like manner as if they had obtained a discharge in bankruptcy.] The plea then averred performance of all conditions precedent; and that after the deed had become bind ing on the plaintiff, the bills in the decla ration mentioned were drawn, accepted, and indorsed to the plaintiff as in the declaration mentioned, and save as aforesaid there never was any consideration for the drawing, indorsing, acceptance, or payment of the bills or either of them by the defendant, and the plaintiff first received and always held the bills without value, and with notice of the premises. Demurrer and joinder in demurrer. Littler, in support of the demurrer.The plea is bad. There can be no doubt that had the bills in question been ac B |