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LONDON :
STEVENS AND HAYNES

Law Publishers,
BELL YARD, TEMPLE BAR, W.C.

1891.

LONDON:

PRINTED by Pewtress & Co.,

28, LITTLE QUEEN Street, LINCOLN'S INN FIELDS, W.C.

Quarterly Digest

ОР

ALL REPORTED CASES,

IN THE

Law Reports, Law Journal Reports, Law Times

Reports, and 'deekly Reporter,
FOR AUGUST, SEPTEMBER AND OCTOBER, 1890.

By C. H. Lomax, M.A., of the Inner Temple,

Barrister-at-Law.

Administration :(i.) P. D.-Letters of--Official Receiver Bond - Sureties. — Letters of

administration granted to an official receiver in bankruptcy, and the official receiver of a County Court, on their personal bonds without sureties, they having already given bonds with sureties for the dae performance of their duties with regard to the respective estates.

In the goods of Knapp; in the goods of Robins, 63 L.T. 252. (ii.) P. D.-Pendente Lite-Creditor.-The testator died in 1880, leaving a

will which constituted his widow sole executrix and universal beneficiary. The next.of-kin entered a caveat, and the widow failed to take steps to constitute herself legal personal representative. Held, on the application of a creditor, that administration pendente lite should be granted.-In the goods of Evans, 63 L.T. 254.

Animal:(iii.) C. A.-Feræ Naturæ-Damage by-Liability of Owner.— A person who

keeps an animal not belonging to a class which, according to experienoe, is not dangerous to man, such as an elephant, must keep it at his own risk, and his liability for damage done by it is not affected by his ignorance of its dangerous character.Filburn v. People's Palace, &c., Co., L.R. 25 Q.B.D. 258; 59 L.J. Q.B. 471 ; 38 W.R. 706.

Arbitration:(iv.) Ch. D.-Contract to Buy Goods-Defect in Quality-Submission-

Extent of —Compensation-Custom of Trade.-G.contracted to buy from B. goods, quality gaaranteed good, with the “usual examination for customary allowances, and general brokers' conditions; any dispute to be settled by arbitration." G. objected to the quality of the samples tendered, and arbitrators were appointed, who awarded that the buyer

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should accept the goods, the seller making a reduction in the price. There was evidence of a trade custom that where there was a defect in the quality of goods tendered under a contract, arbitrators might make the buyer take the goods at a reduced price. Held, that such a custom was unreasonable, that the submission did not extend to the right of the buyer to reject goods which were not in accordance with the con. tract, and that the arbitrators had exceeded their authority in attempting to impose a new contract on the buyer, and that the matter must be referred back to the arbitrators.-In re Arbitration between

Green & Co. and Balfour & Co., 63 L.T. 97. (i.) Q. B. D.-Compensation to Tenant Leaving-Valuation-Execution

Arbitration Act, 1889, ss. 12, 27.- The purchaser of land agreed with the occupying tenant that the latter should give up possession before the close of his tenancy, and should receive compensation in respect of such giving up of possession, and in respect of certain plants to be taken by the purchaser, the amount to be assessed by arbitrators and an ampire. Held, after the compensation had been assessed by the umpire, the arbitrators having differed, that it was a valuation, and not an award, and that the tenant was not entitled to issue execution.-In re Hammond & Waterton's Arbitration, 62 L.T. 808.

Attachment:(ii.) Ch. D.Persons in Fiduciary Capacity Possession or Control

Debtors Act, 1869, s. 4, sub-s 3.- Trustees and executors improperly sold bonds which they had appropriated to answer a legacy. In an action by the legatees they were ordered to pay the sum ascertained as the market value of the bonds on the day of the judgment. This exceeded the value at the time of sale. The money was not paid. Held, that attachment could not be issued, as the difference between the sale price of the bonds, and the sum which the defendants were ordered to pay had never been in their “possession or under their control.”— Walker v. Walker, 38 W.R. 766.

Bankruptcy :(iii.) Q. B. D.-Action-Meaning of Word-Motion.—The word "action"

in sections 53 and 54 of the County Courts Act, 1888, which require certain formalities before proceedings can be taken against a person for anything done in pursuance of that Act, will not be enlarged so as to include a motion by a trustee in bankruptcy against a high bailiff, under section 45 of the Bankruptcy Act, 1883, for a declaration that he was entitled as against the high bailiff to goods taken in execution, on the ground that the execution had not been completed by seizure and

sale.-E. P. Poppleton ; in re Locke, 62 L.T. 942. (iv.) C. A.--Appeal-Committal-Bankruptcy Act, 1883, s. 104, sub-s. (2).

-A bankrupt is entitled to appeal against an order committing him for contempt of Court, for wilful failure to deliver to the trustee property forming part of his estate.-E. p. Ashwin; in re Ashwin, L.R. 25

Q.B.D. 271; 59 L.J. Q.B. 417. (v.) Q. B. D.-AppealThree Orders-One Appeal--Fees-Deposit.—The

county court judge affirmed the rejection by the trustee of three proofs against the bankrupt's estate, and three orders were drawn up. An appeal being brought from the orders, only one notice of appeal was duly stamped, and only one deposit lodged. Held, that the appeal could not be heard till two other notices had been stamped, and two other deposits lodged.-E. p. Smith; in re Smith, 38 W.R. 719.

(i.) Q. B. D.-Costs- Appeal-Deposit-Bankruptcy Rules, 1886, r. 131.

Where an appellant, who has paid into Court £20 as security for the costs of his appeal, afterwards abandons his appeal and pays the costs, the deposit will be paid out to him, and will not be made subject to a claim for costs incurred by him at an earlier stage of the litigation which are unpaid at the time of abandoning the appeal.-E. p. Scott;

in re Scott and Mitchell, 62 L.T. 840. (ii.) C. A.-Leasehold Interest Mortgage Disclaimer-Vesting Order-

Bankruptcy Act, 1883, s. 56, sub-s. (6).-Where a mortagee by sub-demise of leaseholds has, after the bankruptcy of the lessee, assigned his mortgage to a trustee for himself, he is still liable to have an order made against him at the instance of the lessor, excluding him from all interest in, and security upon, the demised property unless he elect to take an order vesting the property in him subject to the bankrupt’s liabilities

in respect thereof.Ē. p. Hepburn ; in re Smith, 38 W.R. 744. (iii.) Q. B. D.-NoticeInterest on Judgment Debt.- A creditor issuing

a bankruptcy notice on a judgment debt may add the interest which has accrued due on the judgment debt, and issue his notice for the full

amount.-E. p. Hasluck; in re Lehmann, 62 L.T. 941. (iv.) Q. B.D.-Petition-Informality- Amendment-Bankruptcy Act, 1883,

8. 4.-A bankruptcy petition presented against E. L. alleged " that the said E. L. within three months before the date of this petition has committed the following act of bankruptcy, namely, non-compliance with a bankruptcy notice," stating the date of issue and service. The debtor objected that the act of bankruptcy was not sufficiently alleged on the face of the petition, in that the date was not stated. The registrar allowed the objection. Held, that the registrar ought to have amended the petition, and heard the case on the merits.-E. p. Constable ;

in re Lorrimar, 62 L.T. 943. (v.) Q. B. D.-Petitioning Creditor-Refusal of Tender of Debt- Notice

of Act of Bankruptcy.-A creditor, having notice of an act of bank. roptcy, refused a tender of his debt made by the debtor, and afterwards joined in the petition against the debtor. Held, that the creditor was justified in refusing tender of the debt, and that a receiving order was

properly made on the petition.-E. p. Lowe ; in re Lowe, 38 W.R. 560. (vi.) Q. B. D.-Proof-Surety-Bankruptcy Act, 1883, s. 37.- The surety

of a bankrupt may prove against his estate, though he has not paid the debt for which he is liable.-E. p. Delmar; in re Herepath and Delmar,

38 W.R. 752. (vii.) Q. B. D.-Proof of Debt-Annuity- Valuation-- Death of Annuitant

before Dividend-Bankruptcy Act, 1883, s. 37, Sched. II., 7. 22- Bank. ruptcy Rules, 1886, rr. 219, 228.-A creditor's proof alleged that the debtor was indebted to her in the sum of £7,000, the value of an annuity of £1,440, payable to her by the debtor for her life, and stated her age, and that the annuity was valued accordingly. The trustee did not admit, reject, or require evidence of the proof. The creditor died before any dividend had been paid. Held, that the trustee could not be held to have admitted the creditor's valuation of the annuity, but only its existence and amount, that he could value the annuity after the creditor's death, and that the true value was the amount due and unpaid at her death.-E.p. Pritchard ; in re Dodds; 59 L.J.Q.B. 403;

E. p. Vaughan ; in re Dodds, 62 L.T. 837. (viii.) Q. B. D.-Sheriff-Costs— Possession Money.-The goods of the bank.

rupt were seized by the sheriff under a fi. fa., and possession was continued for a month without sale by reason of interpleader proceed

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