cheque, and circumstances are dis-
closed to the holder from which he
must infer the probable insolvency
of the maker. The holder, how-
ever, presents the cheque and ob-
tains payment of it; but he does
not communicate to the banker (who
is wholly ignorant of all the circum-
stances) what had fallen within his
knowledge.

Quare. Whether, under these cir-
cumstances, the holder can retain
the money against the banker who
made the payment under an igno-
rance of the real circumstances of
the case.

Afterwards decided by the Court
that he could not retain it. Martin
and Others v. Morgan and Lock-
wood.
Page 123

1. After a hired horse is exhausted and
has refused its food, the hirer is bound
not to use it. Bray v. Mayne. 1
2. A watchmaker is bound so to secure
property placed in his hands in the
way of his trade, as to protect it
against depredations that may be
committed by the persons in his em
ploy. Therefore, where A. en-
trusted B. (who was a chronometer
maker) with a chronometer to be
repaired, and B. suffered his ser-
vant to sleep in the shop in which
the chronometer was deposited. B.
was held liable to A. for its value,
B.'s servant having stolen it, and
B., at the time the theft was com-
mitted, having deposited his own
watches in a more secure place than
that in which the chronometer was
left. Clarke, Esq. v. Earnshaw.

30

BANKRUPT.

1. Where A. deposits with B. goods
to be sold, and on a sale being
effected, the profits, after deducting
the cost price, &c. are to be equal-
ly divided between them; but the
loss, if any, is to be borne exclu-
sively by A.; if B. effect a sale and
receive the money, the debt due
from him to A. is sufficient to sup-
port a commission of bankruptcy
against B. Marson v. Barber and
Others.
·Page 17
2. The petitioning creditor's debt, tra-
ding, and act of bankruptcy, are
sufficiently proved by the produc-
tion of the commission, and the pro-
ceedings under it in a case where
the defendant is not named as as-
signee on the record, provided no
notice under Sir Samuel Ro-
milly's act, 49 Geo. 3. c. 121. s. 10.
has been given by the plaintiff.
Rowe v. Lant.

1

24

171

3. A trader in a commission of bank-
ruptcy issued against him, is des-
cribed as a money scrivener only.
It is nevertheless competent to a
plaintiff, to support the commission
by proof of any species of trading,
notwithstanding the omission of the
general words, "Dealer and Chap-
man." Smith v. Sandilands.
4. The drawer of a bill payable to his
own order, but drawn by him for
the accommodation of the first in-
dorsee, is not surety for, or liable
for the debt" of that indorsee, with-
in the meaning of the 49 Geo. 3. c.
121. s. 8. Mayer v. Meakin. 183
5. The statute 49 Geo. 3. c. 121. s.
14. which enacts that creditors who
shall have brought an action against
the bankrupt shall not be at liberty
to prove under the commission, with-
out relinquishing such action, ex-
tends to prevent a creditor who is
suing two partners, from proving
his debt under a separate commis-

sion issued against one. Blannin
and another v. Taylor and Fisher.
Page 199
6. A creditor of a bankrupt may be
asked questions, the answers to
which cannot be open to the objec-
tion that they are swayed by inte-
rest, notwithstanding they may
communicate information by which
the commission may be sustained.
Therefore a creditor may be asked
if he has in his custody the bond on
which the petitioning creditor's debt
was founded; and if not, to whom
he has delivered it. Binfield, As-
signee, &c. v. Turner and Others.

202

7. An indictment against a bankrupt
under stat. 5 Geo. 2. c. 30. for not
making a full disclosure of his es-
tate, should truly set out the notice
requiring him to surrender. There-
fore where the indictment averred
that the notice required the bank-
rupt to surrender, &c. pursuant to
stat. 5 Geo. 2. entitled, &c. and on
the production of the notice it ap-
peared, that the title to the 49 Geo.
3. was substituted for that of the 5
Geo. 2. held that the variance was
fatal. Rex v. Burraston. 210
8. An allegation of personal service of
the notice should, it seems, be ac-
companied by an averment, that the
bankrupt was at the time a prisoner.
Ibid.

BARON AND FEME.

211

After a sentence of divorce ab initio,
the liability of a husband for the
debts of his wife does not continue.
Anstey and Others v. Manners. 10

BILL OF EXCHANGE.

1. In declaring on a promissory note
payable by instalments, if any one