A Treatise On the Law of Vendors And Purchasers of Personal Property Considered
A Treatise On the Law of Vendors And Purchasers of Personal Property Considered
George Ross
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C H A P. Such bills are not due : thus in the case of Hodgson and ^V "j others, assignees of Ward a bankrupt v. Loy (/), which was an action of trover to recover a quantity of butter. The plaintiffs claimed as assignees under a commission of bankrupt against Ward, dated the 25th of March, 1797. In the beginning of February, prior to his bankruptcy, the bankrupt, who was a butter merchant, residing in Cumberland, purchased sixty firkins of butter of one Cowper at forty one shillings per firkin, ...and paid one halfpenny earnest. It was originally agreed that Ward was to pay forty pounds of the purchase money in cash upon the Tuesday se'nnight following the contract, on which day the butter was to be delivered; the forty pounds was not paid en the day specified, but on that day Ward purchased of Cowper forty four and a half other firkins of butter, making in all one hundred and four and a half, and Cowper being indebted to Ward in the sum of twenty pounds, Ward in addition to that sum paid him thirty pounds more on account of the butter, and promised to send him a bill for one hundred pounds, which he afterwards did; but that bill when it becamfe due, was not paid.
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