Re John Quin a Bankrupt; ex parte Christopher Moore

• Jurisdiction: Ireland
• Judgment Date: 14 June 1860
• Date: 14 June 1860
• Court: Court of Bankruptcy and Insolvency (Ireland)

Banktcy., &c.

In re JOHN QUIN a Bankrupt;

Ex parte CHRISTOPHER MOORE.

Maples v. PepperENR 18 C. B. 177.

Warbrg v. TuckerENR 4 Jur., N. S., 1142; S. C., 9 E. & B. 914.

Young v. WinterENR 16 C. B. 401.

Lewis v. PeakeENR 7 Taunt. 153.

Tindall v. BellENR 11 M. & W. 228.

Short v. Kalloway 11 A. & E. 28.

Beech v. JonesENR 5 C. B. 696.

Pierce v. WilliamsUNK 23 L. J., Ex., 322.

Lampleigh v. BrathwaitENRUNK Hob. 105; S. C., 1 Sm. L. C. 126, 127.

Lewis v. Peake Ubi sup.

Smith v. ComptonENR 3 B. & Ad. 407.

Boyd v. RobinsonENR 5 C. B., N. S., 597.

Lewis v. PeakeENR 7 Taunt. 153.

Boyd v. RobinsENRENR 4 C. B., N. S., 749; in Error, 5 C. B., N. S., 597.

Parker v. InceENR 4 H. & N. 53.

CHANCERY REPORTS. 57 1860. Banktcy., e. '-'itriturt'of 33anitritittrattiZt In re JOHN QUIN a Bankrupt'; , Ex parte CHRISTOPHER MOOBE.* lune 6, 14. IN• till's case Christopher Moore sought to prove on the bankrupt's A employed B, a builder, estate for 251. 7s. 11d. The facts, as appeared by the affidavit of to take down the front wall Moore, sworn the 30th of May 1850, were as follows :-In 1859, the of his house, Christopher Moore, being desirous of taking down and re-build- and execute some other re the works were in progress, C, the occupier of, the adjoining house, served a notice upon A, that injury was likely to result to his house from the repairs, and that he would hold A responÂÂsible. B, upon this being mentioned to him, wrote on the estimate of the works the following meÂÂmorandum :- " In carrying out the foreÂÂgoing work, I hereby underÂÂtake to hold myself responÂÂsible for any injury done to the adjoining houses." Someworks in addition to these in the estimate were done, the contract was completed, and B paid in full for all. C brought an action against A, averring negligence, and alleging various injuries to his house from the works. B, upon being called upon to settle or defend the action, made no reply, and soon after became bankrupt and absconded. A, having had to pay 191. 7s. 11d. damages and costs, and 60, his own expenses in the action, sought to prove for 251. 7s. 11 d.-Held, that (supposing the memorandum to constitute a contract upon valuable consideration) the damages which C might recover against A were not necessarily identical with those contemplated by the guarantee, and that A could not prove for the above sum, either as for a debt payable upon a contingency, within s. 257, or as for a liability to pay money upon a contingency, within s. •58. * Comm LYNCH, J. VOL. 11. 58 CHANCERY REPORTS. 1860. in the following words :-" In carrying out the foregoing work, I Banktcy., undertake to hold myself responsible for any injury done to the In re QtaN, adjoining houses, Nos. 143 and 146." The works were accordingly completed and paid for. On the 31st of October 1859, Moore was Statement. served with a writ of summons and plaint, at the suit of the said Edward Doran, who claimed 1100 damages for the injuries alleged to have been done to his house. Moore called upon the bankrupt to settle or defend the action, but got no reply, and shortly after the bankrupt absconded from this country. Doran...