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THE

LAW JOURNAL REPORTS

FOR

THE YEAR 1873:

COMPRISING

REPORTS OF CASES

In the House of Lords, In the Privy Council,
and in the Exchequer Chamber;

IN THE

Courts of Chancery and Bankruptcy ;

IN THE COURTS OF

Queen's Bench and the Bail Court, Common Pleas,
and Exchequer ;

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 CHIEFLY
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.

59

LIBRARY OF THE

DEPARTMENT

008

T

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.

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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.
Turnbull. 44. dd. Ch. 558.

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

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