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![handle is hein.slavery/ssactsengr0969 and id is 1 raw text is: ]3ECKHAM V. DRAKE [1849]
result of that consideration of it is, that I concur entirely in the opinion that my
noble and learned friend has expressed.
It was then resolved that it is the opinion of the Committee that James, Earl of
Balcarras, had made out his claim to the honours and dignities of Earl of Crawford
and Lord Lindsay, which resolution was reported to the House, and affirmed.
[579] DANIEL BECKHAM,-Plaintif in Error; WILLIAM WALKER DRAKE and
JOHN SURGEY,-Defendants in Error [May 11, 14, 1847; July 6, 26, 1849].
[Mews' Dig. ii. 326, 1137; ix. 832; x. 551. S.C. 13 Jur. 921 ; and, below, 9 M. and W.
79; 11 M. and W. 315; 12 L.J.Ex. 486; 7 Jur. 204. See Rogers v. Spence, 1846,
12 Cl. and F. 700, and note thereto; Wadling v. Oliphant, 1875, 1 Q.B.D. 150;
Ernden v. Carte, 1881, 17 Ch.D. 172; L 're Roberts (1900), 1 Q.B. 122. Cf. also
Spurr v. Cass, 1870, L.R. 5 Q.B. 659; Calder v. Dobell, 1871, L.R. 6 C.P. 490.]
A. entered into an agreement with B. and C. to serve them for seven years, at
fixed wages, at the rate of three guineas weekly, the party making default to
pay to the other the sum of £500 by way or in nature of specific damages.
A. was dismissed; he became bankrupt, and after the bankruptcy brought an
action of assumpsit on the agreement, to which the defendants pleaded his
bankruptcy-
Held, that this plea was an answer to the action, for that the right of action in
respect of this breach of the agreement passed to his assignees.
This was a writ of error upon a judgment of the Court of Exchequer Chamber re-
versing a judgment of the Court of Exchequer of Pleas, in an action on promises.
The action was brought by Beckham against Drake, Surgey, and Knight, upon an
agreement dated 23rd October, 1834, made between William Moxey Knight and John
Surgey, of Bishop's Court, Old Bailey, in the city of London, typefounders, of the
one part, and Daniel Beckham of the other part. The agreement recited that Beck-
ham had been for some time in the employment of Knight and Surgey, as their fore-
man in the carrying on of their trade, and that the said parties were mutually de-
sirous of continuing their connection together for the term of seven years from the
date of the agreement. The parties then agreed that Beckham should serve Knight
and Surgey, and the survivor of them, for and during the term of seven [580] years,
to commence and be computed from the day of the date of the agreement, as their
foreman, and should, to the best of his power, promote and advance their success
and prosperity in the same. And also, that he should not, during the said seven years,
engage in the same or any other business, either on his own account or on account, of
or for the benefit of any other person, without their consent in writing, first had
and obtained for that purpose. Knight and Surgey, for the considerations aforesaid,
agreed, that they, or the survivor of them, would employ Beckham as their foreman
during the said seven years, if they, or either of them should so long live, paying him
wages after the rate of three pounds and three shillings of lawful money weekly. And
it was mutually agreed and declared by the parties thereto, that in case either of
the said parties hereto, shall not well and truly observe, etc., the covenants, etc.,
herein on their respective parts contained, that then, and in such case, the party so
failing or making default shall and will pay to the other of them the sum of five
hundred pounds, by way or in the nature of specific damages.
The declaration contained two counts: the first count was special upon the agree-
ment; the second count was upon an account stated.
Drake and Surgey severally pleaded, first, non-assumpsit; and secondly, that
Beckham became bankrupt after the accruing of the causes of action and before the
commencement of the suit, whereby the causes of action becamevested in his assignees.
Knight suffered judgment by default. Beckham joined issue upon the pleas of non-
assumpsit, and demurred to the pleas of bankruptcy. Drake and Surgey joined
in demurrer. The issue in fact was [581] tried and a verdict was given for the
plaintiff, damages £100 (9 Mee. and Wels. 79).
1213
'II H.L.C., 579](ViewImageLocal?handle=hein.slavery/ssactsengr0969&div=1&collection=&method=preview&ext=.png&size=3)