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![handle is hein.slavery/ssactsengr0703 and id is 1 raw text is: EX PARTE PARRY
no effects in the hands of the acceptor. The answer is, tile,) accept for the honour
of the drawer : but they accept an accepted bill. Tile justice of the case is, that, if
there were no effects, they should go in the first place against the drawer ; but they
should not be altogether without remedy. Therefore I propose to order, that the
proof shall stand but they shall not receive a dividend, except upon £(;62, 9s. 8,/..
until an inquiry has been had, whether the drawers had effects in the hands of the
bankrupts Cox and Heisch, and if no effects, then an inquiry, whether Cbrislin and
Bowen had effects of the drawers at the time ; and whether any have since come to
their hands. (This case seems over-ruled by Lord Erskine, Ex pare Lambert, 13 Ves.
179 ; holding, that a person, taking up a bill for the honour of the drawer, has no
right against the acceptor without effects.)
PARRY, Ex pare. Aug. IIth, 1800.
Upon a separate commission of bankruptcy the benefit of an insurance effected by
the bankrupt upon his own account on a. ship, of which lie was joint-owner. is
not liable to the joint creditors.
Marlin, Cullen, and Btiddison, of Liverpool, were joint-owners of the ships
Maria and Betsey; which sailed to Africa upon slave-voyages. The ships were
fitted out at the joint expence and risk of the owners. The petitioners had supplied
goods to furnish the cargoes to the amount of £1500. Previously to the sailing of
ships Martin effected insurances upon his own account and in his own name to the
amount of £2200 upon the Maria, and £150 upon the Betsey. In July 1799 the
Maria was captured. In February 1800 a separate commission of bankruptcy
issued against Martin ; and afterwards a commission issued against Cullen. The
other ship was, when the petition was heard, upon her voyage to the West Indies.
The petition prayed an account of tbe insurance effected by Martin upon the
Maria, and which shall he paid to his assignees, and also of what shall he remitted
to England on account of the Betsey ; an account of the debts due to the petitioner,;
in respect of the outfit and cargoes of the said ships ; and that the produce of t lie
insurance upon the Maria and of the voyage of the Betsey may be applied in satisfac-
tion of the debts due to the petitioners in respect of the outfit and cargoes ; and that
the petitioners may be admitted to prove for that purpose.
Mr. Richards, in support of the Petition. These persons were jointly concerned
in the ships. In the bankruptcy of Fitzhenry [576] and Rogers the case was. that
the former had effected an insurance upon his share of the ship ; which took some
prizes ; and was afterwards lost. The object of the petition by the separate creditors
of Fitzhenry was the produce of the cargo and the prizes and the money received on
the insurance : but the order was that they should be deemed the joint pro)erty
of Fitzhenry and Rogers, and be distributed among the joint creditors.
Lord Chancellor [Loughborough]. Certainly the cargo and prizes were joint
property: but if the order extended to the money paid on the insurance, it was
wrong. The bankrupt could have no contribution from the other joint owners for
the premium he paid for the insurance. Though jointly concerned in the adventure,
one may think fit to insure, the other, not. (Ex pare Browne, G Ves. 136.)
MUTRIE, Ex pare. Aug. 11th, 1800.
A commission of bankruptcy on residence abroad, where the departure from the
realm was for a fair and proper purpose, and not with a view of defrauding creditors,
the trade continued by a partner, and the petitioning creditor's debt subsequent.
superseded.
Dyde and Scribe, warehousemen in Pall Mall, had in 1796 accepted a bill for
£100 ; which was discounted by the petitioner Mutrie. The bill, which was due on
the 11th of March 1797, was never paid. Upon the 10th of March 1797, Dyde and
Scribe by deed assigned all their stock in trade, book-debts, and property, to trustees
for the benefit of their creditors. No application was made to Mutrie, and tile
trustees under the deed refused to pay him a dividend. Immediately afterwards, in
March 1797, Scribe went abroad, for the purpose of transacting his business, not of
5 VES. JUN. 576.](ViewImageLocal?handle=hein.slavery/ssactsengr0703&div=1&collection=&method=preview&ext=.png&size=3)