Thompson and Others v

• Jurisdiction: Ireland
• Judgment Date: 10 November 1848
• Date: 10 November 1848
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

THOMPSON and others

and

Dean v. NewhallENR 8 T. R. 168.

Hutton v. EyreENRUNK 6 Taunt. 289; S. C. 1 Marsh, 603.

Grundy v. Meighan 7 Ir. Law Rep. 519.

Watters v. Smith 2 B. & Adol. 889.

Field v. Robins 8 A. & E. 90.

Ashbee v. PidduckENR 1 Mees. & Wels. 564.

Solly v. ForbesENR 2 Brod. & Bing. 38.

CASES AT LAW. 547 M. T. 1848. Queen'sBench. THOMPSON and others v. NEILL. Nov. 10. as ship's B ri o sh.s p ASSUMPSIT, for goods sold, work done, and the money counts. ng A & B bbi part owners of Plea, the general issue. a vessel, actingsban The case was tried before the Lord CHIEF JUSTICE at the After- dreepreadcetrotabine sittings of Trinity Term, and the facts were as follows :-The repairs done .by defendant was in January 1847 part owner of a ship called the plaintiffs, the which were ex- Great Britain, being the registered proprietor of sixteen sixty-fourth ecuted and the accou of parts of the same, and one Hugh Bowden was then possessed of repairsnt fursuch - other sixteen-sixty-fourth parts, and the remaining thirty-two sixty- by Wished to B the plaintiffs. fourth parts were owned by a person in Quebec. B becoming insolvent, a Bowden, being ship's husband, employed the plaintiffs, who were composition deed was ex ship-builders, to make repairs on the vessel, and on the completion ecutedbetween him and his of the repairs in February 1847, Bowden was furnished with the creditors by which the cre account of them, being the amount for which the present action was ditors agreed that they would brought. In March 1847 Bowden, as ship's husband, furnished to not sue B for or of aonnya:ecbotudnut e the other owners an account of the disbursements of the ship, includ- tohremowbinygto in in it the plaintiffs' demand, and his proportion of that demand rmoili seen cr ietri-es the defendant paid, and three months after he purchased Bowden's Pain or interest in the ship. In the end of 1847 Bowden became insolvent given f composition and compounded with his creditors by a composition of 4s. in the were realised and paid. pound. Thereupon a deed was executed between Bowden and his Held, that the plaintiffs' creditors, on the effect of which the question in the case turned. by executing , d ee d this ac- This deed bore date 1st October 1847, and recited the fact of cepted the se- Bowden being indebted to the several creditors, and that he had ;,,reitineisn ssaotis_ faction of their proposed to pay the composition named at the times and in the debt, and that haeed a o pgeeT manner specified, and that the creditors had agreed to accept of said trtedde as composition on the amount of their claims in full satisfaction of all neral release. debts and demands owing by Bowden to his creditors, and to license the person and effects of Bowden for nine months, provided the payÂÂments were made, and then witnessed :-" That for the considerations " aforesaid, and in pursuance of the said agreement, and in order to 548 CASES AT LAW. "carry the same into effect and execution, they the said several " creditors and the agents or attorneys of the creditors (duly authoÂÂ" rised so to do) of the said Hugh Bowden, whose names and seals " are hereunto subscribed and affixed as aforesaid, do hereby and " each and every of them for himself and themselves severally and " respectively, and for their several and respective heirs, executors, "&c., only, and not the one for the other of them, but each for "himself only, covenant, promise, engage and agree to and with the " said Hugh Bowden, his executors and...