Court Of Common Pleas, We...
Before the Lord C7icf JttcCB5EST afzd a Spcial J?6rm. TillS was sn action of trover brouglt by the plaintiffs as the a4s- sgnees of T. NV. Baker, a bankiupt lately carrying on the business of a tallow-chandler, in Foley-street, Slarylebone, to recover the stock in trade and household furniture of the bankrupt, of which it nas alleged that the defendant had wrongly taken possession, under the following circumstances :-The defendant held a warrant of at- torney from the b;Lnkrupt, for the purpose of securing the payment of a certain sum of money due to himself and the bankrupts mo. ther from the bankrupt lie entered tin judgment upon this inistru- mcnt, and placed a writ of execation in the hands of the sheriff, who n consequence made a levy On the goods of the bankrupt. The defendant afterwards took a bill of sale from the sheriffi, which the plaintilsT contended was colourably glven to him by the Ifankrupt tbr the purpose of defrauding the other creditors. The plaintifis called several witnesses from the BEcise-office, and alsos'everal in- habitants of the neighbourhood. to sproi;e that no visible chainge had taken place in the pronerty of tho banltrupt after the making out of the bill of sale; ane' the dtefendant produced others to sh'ow that im- mediately after the execution waw sent tnto the premises, the servants of the bankrupt hnd been discharged,. and taken into the service of the defendant, and had afterwards carried on the business in his bzhalf. - ' Thie LORD CHiiEZ JUSTICE left it to the jury toSay whether they thouglht the transfer of the property ftom the bankrupt to the defendant was a bo,ai fide transaction, or only a colourable one: if they considered it a bon& fide transaction, they would find a verdict for the defendant; and if not, they would find a verdict for'the plaintitTh. The jurv returned a verdict for the plsintifih-Dsmages 4501., be. ing the vafue of the bankrupt's furniture and stock in trade. COURT OF COlIMMfON PLEAS; .WES9T2TVSrl. .Tirr.-v I SOAMES AND OTUfElS V. WATTS.