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IT IS ORDERED that on Appeal from one of the our Lady the Queen and the Barons of her Superior Courts such Court shall have power Exchequer (or, if the appeal be from the Comto allow interest for such time as execution has mon Pleas, say “before the Justices of our been delayed by the proceedings in Appeal Lady the Queen, assigned to hold pleas in the for the delaying thereof; and the Master, on Court of our Lady the Queen before the Queen taxing the costs, may compute such interest herself and the Barons of her Exchequer”; or, without any rule of Court or order of a Judge if the appeal be from the Exchequer, say, for that purpose.
“ before the Justices of our Lady the Queen,
assigned to hold pleas in the Court of our Lady AND BE IT ORDERED that in lieu of the the Queen, before the Queen herself and the form No. 21 in the Role of Michaelmas Justices of the Common Bench of our said Vacation, 1854, the following may be the Lady the Queen"], come the parties aforesaid form of a Judgment of Court of Appeal in by their respective attorneys aforesaid; and Exchequer Chamber on a disposal of the appeal the said Court of Appeal decide that, &c., in the plaintiff's favour where judgment for him [State the decision of the Court upon the had been given in the Court below. Under questions raised by the case on Appeal] and It the 41st and 42nd sections of the Common is considered by the said Court of Appeal that Law Procedure Act, 1854. [Copy the case for the plaintiff do recover against the defendant the appeal as stated by the parties, and then £ for his damages and his costs which proceed thus:] Afterwards on (the day of giving the plaintiff hath sustained and expended by judgment of Court of Appeal] in the Court of reason of the delay of execution on pretence Exchequer Chamber of our Lady the Queen, of the proceedings in the said appeal, and that before the Justices of the Common Bench of the plaintiff have execution thereof.
A. E. COCKBURN.
J. BARNARD BYLES.
NEW SERIES, 36.-Com. Law Order.
CASES ARGUED AND DETERMINED
Court of Queen's Bench
AND IN THE
Erchequer Chamber and House of Lords
ON ERROR AND APPEAL FROM THE QUEEN'S BENCH.
MICHAELMAS TERM, 30 VICTORIÆ.
tain goods sold by the defendants; and by 1866. Nov. 13, 16. | ANOTHER, assignees, dc.
the consent of the parties, and by the order
of Bramwell, B., according to the Common Bankruptcy- Reputed Ownership -In
Law Procedure Act, 1852, there was stated terest of Dormant Partner-Dormant Part- for the opinion of the Court, without pleadner dwelling and carrying on Business with ings, the following
CASE. Bankrupt—12 & 13 Vict. c. 106. s. 125.
The plaintiff is the sister of Thomas A brother and sister took to the business Hazell Reynolds, of the Marsh Farm, in the of their father, a farmer and cowkeeper, and parish of Swindon, in the county of Wilts, bought the stock. They then agreed to carry cowkeeper, who was adjudged bankrupt on on the business in partnership, but in the the 9th of December, 1864. The defendants brother's name alone, the sister being a are the creditors' assignees under this dormant partner. She, however, lived on the bankruptcy. In April, 1861, John Reynolds farm, and helped her brother in carrying (the father of the bankrupt and of the on the business. The partnership had lasted plaintiff), then occupying the farm, which three years, when he became bankrupt : was a dairy farm, and carrying on the Held (the Court having power to draw in- business of a cowkeeper there, gave up ferences of fact) that on the authority of Ex possession of the farm to the bankrupt and parte Enderby (1) and Smith v. Watson (2), the plaintiff, and sold the stock on the which had not been shaken by later cases, the farm to them at a valuation for 6501., and sister's interest in the partnership effects was the bankrupt paid to John Reynolds 501., liable to be sold by the bankrupt's assignees, and the plaintiff paid him 501., part of the as being with her consent in his order and valuation, and each of them made and gave disposition.
to him a promissory note for 2751., payable
with interest, for the balance. Immediately This was an action brought by the plain- upon the completion of the purchase of the tiff against the defendants to recover 2001.
, stock, the bankrupt and the plaintiff enthe agreed moiety of the proceeds of cer- tered into the following agreement: (1) 2 B. & C. 389.
“This is to certify, that we the undersigned (2) Ibid. 401.
T. H. Reynolds and Eliza Reynolds agree NEW SERIES, 36.-Q.B.
to commence business at the Marsh Farm out of the profits. The bankrupt and the from Old Lady Day, 1861, taking to all plaintiff drew equally on account of their the farm stock from our father, Mr. John share of the profits, and in April, 1864, Reynolds, for the sum of 6501., and agree the bankrupt gave the plaintiff his promisto carry on the business with an equal sory note for 1001. as her share of the share of all the farm profits, each paying an profits at that time. A partnership accountequal sum of 3251. each for the farming book was kept between the bankrupt and stock, and an equal share of all farm ex the plaintiff, at the commencement of which penses. The household furniture all be
was written an agreement or memorandum longing to Thomas Hazell Reynolds, except as follows: the furniture in Eliza Reynolds's bedroom, “ This is to certify that we, the underwhich is her own property. We also agree signed Thomas Hazell and Eliza Reynolds, to take the Marsh Farm of A. L. Goddard, commence business at the Marsh Farm from Esq., on a fourteen years' lease, and in case Old Lady Day, taking to all farm stock of the death of T. H. Reynolds, Eliza Rey from our father, Mr. John Reynolds, for nolds to retain her interest or share in the the sum of 6501., and agree to carry on the said lease, except in the case of the mar business with an equal share of all the farm riage of the said Eliza Reynolds; in that profits, each paying an equal sum of 325l. case, Eliza Reynolds agrees to withdraw each for the farm stock, not including from partnership in the farm altogether, on household furniture, which will all belong receiving the half amount of money due from to T. H. Reynolds, except the furniture in the farm to her by the said Thomas H. Rey- Eliza Reynolds's bedroom, which will be nolds. The said Eliza Reynolds agrees to her own private property. We also agree be a sleeping partner, the business to be to take the farm of A. Goddard, Esq. on a conducted and carried on in the name of fourteen years' lease, and in the case of the Thomas H. Reynolds. In case of the mar death of either party, the half advantage riage of Eliza Reynolds, a valuation of the of lease to accrue to the survivor. All farm effects to take place at the Old Lady moneys drawn out from the business for Day following such marriage, and a twelve- private uses to be entered in this book, each month’s notice to be given for paying off party always drawing equal. All labour and Eliza Reynolds's share in the farm stock farm expenses to be entered in this book, and effects; all farm receipts and expenses and all moneys received to be en tered. and all sums of money drawn out of the
(Signed) “T. H. Reynolds. business to be entered in the farm-book
“Eliza Reynolds. kept for the purpose.
“ Witness, John Reynolds." (Signed) “ T. H. Reynolds. They had no joint banking account. The
“ Eliza Reynolds. bankrupt had a separate banking account, “Witness, William Reynolds."
but it was his private account, and had In pursuance of this agreement, both the no direct reference to the farm or stock, or bankrupt and the plaintiff continued from profits or expenses of it, and the bankrupt the date of it to reside upon the farm, alone during the time he and the plaintiff and carried on the business of cowkeepers resided on the farm was rated to the relief under the circumstances hereafter mentioned, of the poor, &c., and all receipts for rates until November, 1864. A lease of the farm and taxes of all descriptions were given for fourteen years was granted to the bank in the bankrupt's name; and the plaintiff's rupt alone on the 6th of July, 1861. The name never appeared in the business save plaintiff and the bankrupt both resided in in the partnership book before mentioned. the farm-house, and the business was carried All business transactions were conducted on according to the terms of the agreement, solely in the bankrupt’s name, and all debts under which the bankrupt bought and sold in respect of the farming business were the stock from time to time for the mutual contracted solely in his name. All sales benefit of himself and the plaintiff. The and purchases were made in his name only. household and farm expenses were paid All this was done with the plaintiff's conout of the profits. The interest due on the sent and permission, nor did the plaintiff promissory notes respectively was also paid interfere in any way in the management of