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they intend to draw in favour of G.K. interest of the bankrupt, and as to
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. &
6. A petitioning creditor, who com-
7. The owner of an estate took the
assignees in bankruptcy, without of the act, as well as to action
A vendor filed a bill for specific a false and unfounded claim of a
11. Mortgagor and mortgagee join
and at the same time the mortgagee
and lessee enter into partnership by
12. A lessor is entitled, under the 6
deposited by the bankrupt by way was received by B. in his character
of assignee; and that B., having him-
self become bankrupt, might, under
for the removal of his co-assignee on
Ex parte Oulton, 3 M. D. &
and had neglected to complete the
a new choice.
Ex parte Ashmore, 3
c. 56, require for the effectually vest-
Ex parte Daniel, 3 M. D.
HUSBAND AND Wife, 2,
Banker and Customer.
Banker and Customer.
ASSIGNEE, OFFICIAL. in the box certain railway shares to See OFFICIAL ASSIGNEE.
secure the replacing of the secu
rities thus lent. This partner afterBANKER AND CUSTOMER. wards, for his own purposes, and
1. Upon a loan of 28,2001. Cuba without the knowledge of the cusbonds by a customer to his bankers, tomer, subtracts the railway shares, the latter engaged to replace them, and substitutes others of less value. " at or within the expiration of three Held, that, as the proceeds of the months, if he should require them to railway shares were not applied to do so," and to deposit other secu- the use of the partnership, the bankrities for the performance of this en- ing firm were not answerable for this gagement. After the expiration of tortious act of their partner for his the three months, without any re- own benefit, and consequently that quisition on the part of the customer, the customer had no right of proof the customer consents to an exchange against the joint estate for the amount of other securities for those deposited of the difference between the value by the bankers, without any new sti- of the shares subtracted and those pulation as to the period of redemp- that were substituted. Ibid. tion, and the bankers afterwards be- Held, also, that the partners were come bankrupt. Held, under these
not chargeable with any loss occacircumstances, that the time for re- sioned by this subtraction of the placing the Cuba bonds became in- shares, on the ground of negligence ; definite, and that the bankers were and that even if they were, it would be not bound to replace them, until re- a claim for unliquidated damages, and quested to do so; and that no such therefore not proveable against the request having been made by the joint estate. Ibid. customer before their bankruptcy, 2. A bill of exchange remitted by a the customer had no right to prove customer to his bankers, and not due, for the amount of the bonds under
but remaining in specie at the time the fiat; and that the 6 Geo. 4. c. 16. of their bankruptcy, continues the s. 56, as to the proof of contingent property of the customer; and the debts, did not apply. Ex parte Eyre, same is the law as to a bank post 3 M. D. & D. 12; 1 Phill. 227. bill, which the customer sends to the
A customer deposits a box con- bankers, with a letter desiring them taining various securities with his to place it to his credit, and to send bankers for safe custody, and after- him a receipt. Er parte Atkins, s wards grants a loan of a portion of M. D. & D. 103. such securities to one of the partners 3. By the custom of a bank, money in the banking house for his own pri- paid in after banking hours was put vate purposes, upon his depositing into a separate place of deposit, and
Banker and Customer.
Banker and Customer.
entered in a counter book, but not made any payment or remittance in carried to the customer's account till respect of them, knowing at the time next day. Where a customer paid of receiving the cheques that bankin bank notes after the banking ruptcy was inevitable. The assignees hours, and the banker having before obtain payment from the customers resolved not to open his bank again, of the full amounts of the cheques. placed the note in such separate Held, that the second bankers were place of deposit, without carrying it entitled to payment in full of the to the account of the customer, and same amounts out of the bankrupts' next morning stopped payment, and estate, Ex parte Cole, 3 M, D. & D. became bankrupt, the bank note was 189. held to remain the property of the 5. Where short bills had been decustomer. Sadler v. Belcher, 2 Moo. posited with a country banker, and & Rob. 489,
had been by him indorsed to his 4. Customers draw cheques on their agent in London, who had a lien bankers with whom their accounts upon them for advances to the counare already overdrawn, and pay away try banker: Held, on the bank. the cheques, which come to the hands ruptcy of the country banker, that of other bankers. The second bank- the proceeds of the bills, after satisers remit to the first the cheques fying the lien of the London bankers, in a printed circular, desiring the ought to be distributed rateably amount of them to be paid to the among the depositors of the short London correspondents of the second bills. Ex parte Froggatt, 3 M. D. & bankers. Notwithstanding this cir- D. 322. cular, the custom between the bankers 6. If the balance of a banking is to pay one another's cheques, so account remain overdue after the far as circumstances permit, by remit- bankruptcy of the banker, his astances of notes of the bankers send- signees are entitled to recover inteing the cheques, directly to those rest on such balance, as well for the bankers, the understanding being period which has elapsed since the however that the cheques should be bankruptcy as for that which had paid on the day on which they are elapsed before it. Pott v, Bear, I received, or the day following, either Car. & Kir. 335. by such remittances, or by remit- 7. R. M., who carries on business tances according to the directions of in partnership with J. C., J. P. and the circular. The first bankers give T. S., as bankers, signs one of the the second credit in their books for notes of the bank in this form, " I the amount of the cheques, but be- promise to pay," &c. “ For J. C., come bankrupt three days after re- J. P., R. M. and T. S.-R. M." ceiving them, and without having on the firm becoming bankrupts,