they intend to draw in favour of G. K.
& Co. for the balance of such ship-
ments, and that they inclose bills of
lading and policies of insurance for the
goods in question; and they also
draw a bill for the amount on G. B.
in favour of G. K. & Co., which they
direct G. B. to place to account of
shipments per Gardner. Before the
goods reach England, G. B. becomes
bankrupt, and the goods come to the
possession of his assignees: Held,
that the above expression in the
bill and the letter amounted to a spe-
cific appropriation of the goods for
the payment of the bill, and that the
assignees were bound to account to
G. K. & Co. for the proceeds. Ex
parte Gledstanes, 3 M. D. & D. 109.

(Of Payments.)
See PROOF, 6.

ARREST.

See PROTECTION.

ASSIGNEES.

1. After a dividend has been declared,
a party entitled in respect of a proof
requests the assignees, by letter, to
send him the amount of his dividend
in a post office order, promising to
send a receipt by return of post.
The assignees send no answer. Held,
that this is such a refusal to pay the
dividend as entitles the creditor to
an order upon petition at the costs of
the assignees personally. Ex parte
Jackson, 3 M. D. & D. 1.

2. Inquiry directed as to the conduct
of an assignee in selling a reversionary

interest of the bankrupt, and as to
his diligence in endeavouring to re-
cover certain debts. Ex parte Byrom,
3 M. D. & D. 55.

3. Form of Order, upon the petition
of an assignee, who had in the name
of an agent bid at a sale for a portion
of the bankrupt's property, and then
prayed to have the sale completed,
or the property resold. Ex parte
Gore, 3 M. D. & D. 77.

4. Form of Order in case of an as-
signee buying in, by mistake, a mort-
gaged estate of the bankrupt at a
sale, under Lord Loughborough's
Order. On such a sale, the assignees
must have the conduct of it; and it
is an improper practice for the sale
to be conducted by the mortgagee.
Ex parte Cuddon, 3 M. D. & D. 302.

5. An assignee removed at his own
request, in order that he might bid
at a sale of part of the bankrupt's
estate. Ex parte Perkes, 3 M. D. &
D. 385.

6. A petitioning creditor, who com-
plains that the assignees have not
complied with the commissioners'
order, directing his bill of costs to be
paid, although they have received
monies applicable to that purpose,
may apply to the Court of Review in
the first instance, without the as-
signees being previously summoned
before the Commissioner to produce
their accounts. Ex parte Rushworth

3 M. D. & D. 318.

7. The owner of an estate took the
benefit of the Insolvent Act, and
afterwards became bankrupt. The

by assignees under future commis-
sions.

A vendor filed a bill for specific
performance, alleging that the de-
fendant resisted it on the ground that
the bankruptcy under which the plain-
tiff claimed was invalid. Neither
allegation turned out correct, and
though a good title was first shown
in the Master's office, the decree was
made without costs. Sidebotham v.
Barrington, 5 Beav. 261.

8. The assignee of an insolvent debtor,
under 1 & 2 Vict. c. 110, being un-
able to recover an estate belonging
to and in the possession of the insol-
vent, owing to the existence of an
old commission of bankrupt against
the insolvent (which, however, had
been long since abandoned, in con-
sequence of all the creditors under it
having compromised and released
their debts), is entitled to maintain
a suit in chancery against the insol-
vent and the assignee in bankruptcy,
for the recovery of the estate, and for
a receiver of the rents in the mean-
time. Hollis v. Bryant, 12 Sim.
492.

9. The 90th section of the Bankrupt
Act, 6 Geo. 4. c. 16, applies to ac-
tions afterwards brought to trial by
assignees acting under commissions
which were issued before the passing

That section applies to actions of
ejectment by an assignee. Doe v.
Liversedge, 11 M. & W. 517.

11. An action of trespass, for seizing
and taking the plaintiff's goods under
a false and unfounded claim of a
debt, per quod the plaintiff was an-
noyed and prejudiced in his business,
and believed by his customers to be
insolvent, and certain lodgers left his
house, does not pass to the plaintiff's
assignees on his bankruptcy. Brewer
v. Dew, 11 M. & W. 625; 1 Dowl.
& L. 383.

11. Mortgagor and mortgagee join
in demising trade premises to a lessee,
and at the same time the mortgagee
and lessee enter into partnership by
articles, according to which the de-
mised premises are to be considered
as partnership property. The lessee
becomes bankrupt. Held, that the
Court had jurisdiction to order the
assignees to elect whether they would
take or abandon the premises; and
semble, that the Court has jurisdiction
to order the assignees to pay the
landlord's costs. But it will not so
order, in general, nor unless under
special circumstances. Ex parte Nor-
ton, 3 M. D. & D. 312.

12. A lessor is entitled, under the 6
Geo. 4. c. 16. s. 75, to an Order on
the assignees to elect whether they
will accept or decline a lease, not-
withstanding the lease is in the hands
of a third person, with whom it was

deposited by the bankrupt by way
of equitable mortgage.
Ex parte
Vardy, 3 M. D. & D. 340.

13. The Court will only sanction a
compromise made by the assignees
with a claimant against the bankrupt's
estate, subject to the approbation of
the Commissioner. Ex parte Mar-
shall, 3 M. D. & D. 448; and see
ADVERTISEMENT, 5.

14. Where the Commissioners, at a
meeting to audit the accounts of the
assignees and declare a dividend,
found a certain sum to be in the hands
of the assignees, and declared a di-
vidend accordingly; semble that each
of the assignees is liable for the pay-
ment of the dividend, although the
principal fund for that purpose had
been received by and was then in the
hands of only one of the assignees.

If an assignee objects to be so
charged with money in the hands of
his co-assignee, he should state his
objection to the Commissioner at the
audit, and not lie by until a petition
is presented for the payment of the
dividend. Ex parte Ridley, 3 M. D.
& D. 4.

15. A., being indebted to B., absconds
to America, upon which B. sends out
a power of attorney to an agent to
recover back what money he can from
A. B.,hearing of a similar proceeding
against A. by another creditor, sues
out a fiat against A., and is chosen.
one of his assignees; and afterwards
B.'s agent in America obtains a sum
of money from A. and remits it to B.
in England: Held, that this money

was received by B. in his character
of assignee; and that B., having him-
self become bankrupt, might, under
the 6 Geo. 4. c. 16. s. 105, be charged
with the amount, together with in-
terest at 51. per cent., notwithstand-
ing he had obtained his certificate.
Ex parte Ralph, 3 M. D. & D. 331.

16. Where an assignee petitioned
for the removal of his co-assignee on
the ground of misconduct, which was
denied by the latter, who recrimi-
nated, a special reference was directed
to the Commissioner to inquire into
and report the circumstances of the
case. Ex parte Oulton, 3 M. D. &
D. 336.

17. Where the sole assignee was the
managing clerk of a solicitor, who
had bought an estate of the bankrupt,
and had neglected to complete the
purchase, the Court ordered him to
be removed, and that there should be
a new choice. Ex parte Ashmore, 3
M. D. & D. 461.

18. Where one of several assignees is
removed, it seems that the 25th and
26th sections of the 1 & 2 Will. 4.
c. 56, require for the effectually vest-
ing of the bankrupt's estate, that a
new assignee should be appointed in
his room. Ex parte Daniel, 3 M. D.

Banker and Customer.

ASSIGNEE, OFFICIAL. See OFFICIAL ASSIGNEE.

BANKER AND CUSTOMER.

1. Upon a loan of 28,2001. Cuba bonds by a customer to his bankers, the latter engaged to replace them, "at or within the expiration of three months, if he should require them to do so," and to deposit other securities for the performance of this engagement. After the expiration of the three months, without any requisition on the part of the customer, the customer consents to an exchange of other securities for those deposited by the bankers, without any new stipulation as to the period of redemption, and the bankers afterwards become bankrupt. Held, under these circumstances, that the time for replacing the Cuba bonds became indefinite, and that the bankers were not bound to replace them, until requested to do so; and that no such request having been made by the customer before their bankruptcy, the customer had no right to prove for the amount of the bonds under the fiat; and that the 6 Geo. 4. c. 16. s. 56, as to the proof of contingent debts, did not apply. Ex parte Eyre, 3 M. D. & D. 12; 1 Phill. 227.

A customer deposits a box containing various securities with his bankers for safe custody, and afterwards grants a loan of a portion of such securities to one of the partners in the banking house for his own private purposes, upon his depositing

in the box certain railway shares to secure the replacing of the securities thus lent. This partner afterwards, for his own purposes, and without the knowledge of the customer, subtracts the railway shares, and substitutes others of less value. Held, that, as the proceeds of the railway shares were not applied to the use of the partnership, the banking firm were not answerable for this tortious act of their partner for his own benefit, and consequently that the customer had no right of proof against the joint estate for the amount of the difference between the value of the shares subtracted and those that were substituted. Ibid.

Held, also, that the partners were not chargeable with any loss occasioned by this subtraction of the shares, on the ground of negligence; and that even if they were, it would be a claim for unliquidated damages, and therefore not proveable against the joint estate. Ibid.

2. A bill of exchange remitted by a customer to his bankers, and not due, but remaining in specie at the time. of their bankruptcy, continues the property of the customer; and the same is the law as to a bank post bill, which the customer sends to the bankers, with a letter desiring them to place it to his credit, and to send him a receipt. Ex parte Atkins, 3 M. D. & D. 103.

3. By the custom of a bank, money paid in after banking hours was put into a separate place of deposit, and

entered in a counter book, but not carried to the customer's account till

next day. Where a customer paid in bank notes after the banking hours, and the banker having before resolved not to open his bank again, placed the note in such separate place of deposit, without carrying it to the account of the customer, and next morning stopped payment, and became bankrupt, the bank note was held to remain the property of the customer. Sadler v. Belcher, 2 Moo. & Rob. 489.

4. Customers draw cheques on their bankers with whom their accounts are already overdrawn, and pay away the cheques, which come to the hands of other bankers. The second bankers remit to the first the cheques in a printed circular, desiring the amount of them to be paid to the London correspondents of the second bankers. Notwithstanding this circular, the custom between the bankers is to pay one another's cheques, so far as circumstances permit, by remittances of notes of the bankers sending the cheques, directly to those bankers, the understanding being however that the cheques should be paid on the day on which they are received, or the day following, either by such remittances, or by remittances according to the directions of the circular. The first bankers give the second credit in their books for the amount of the cheques, but become bankrupt three days after receiving them, and without having

Banker and Customer.

made any payment or remittance in respect of them, knowing at the time of receiving the cheques that bankruptcy was inevitable. The assignees obtain payment from the customers of the full amounts of the cheques. Held, that the second bankers were entitled to payment in full of the same amounts out of the bankrupts' estate. Ex parte Cole, 3 M. D. & D.

189.

5. Where short bills had been deposited with a country banker, and had been by him indorsed to his agent in London, who had a lien upon them for advances to the country banker: Held, on the bankruptcy of the country banker, that the proceeds of the bills, after satisfying the lien of the London bankers, ought to be distributed rateably among the depositors of the short bills. Ex parte Froggatt, 3 M. D. & D. 322.

6. If the balance of a banking account remain overdue after the bankruptcy of the banker, his assignees are entitled to recover interest on such balance, as well for the period which has elapsed since the bankruptcy as for that which had elapsed before it. Pott v. Bevan, 1 Car. & Kir. 335.

7. R. M., who carries on business in partnership with J. C., J. P. and T. S., as bankers, signs one of the notes of the bank in this form, "I promise to pay," &c. "For J. C., J. P., R. M. and T. S.-R. M.” On the firm becoming bankrupts,