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IT IS ORDERED that on Appeal from one of the Superior Courts such Court shall have power to allow interest for such time as execution has been delayed by the proceedings in Appeal for the delaying thereof; and the Master, on taxing the costs, may compute such interest without any rule of Court or order of a Judge for that purpose.

AND BE IT ORDERED that in lieu of the form No. 21 in the Rule of Michaelmas Vacation, 1854, the following may be the form of a Judgment of Court of Appeal in Exchequer Chamber on a disposal of the appeal in the plaintiff's favour where judgment for him had been given in the Court below. Under the 41st and 42nd sections of the Common Law Procedure Act, 1854. [Copy the case for the appeal as stated by the parties, and then proceed thus:] Afterwards on [the day of giving judgment of Court of Appeal] in the Court of Exchequer Chamber of our Lady the Queen, before the Justices of the Common Bench of

our Lady the Queen and the Barons of her Exchequer [or, if the appeal be from the Common Pleas, say "before the Justices of our Lady the Queen, assigned to hold pleas in the Court of our Lady the Queen before the Queen herself and the Barons of her Exchequer "; or, if the appeal be from the Exchequer, say, "before the Justices of our Lady the Queen, assigned to hold pleas in the Court of our Lady the Queen, before the Queen herself and the Justices of the Common Bench of our said Lady the Queen"], come the parties aforesaid by their respective attorneys aforesaid; and the said Court of Appeal decide that, &c., [State the decision of the Court upon the questions raised by the case on Appeal] and It is considered by the said Court of Appeal that the plaintiff do recover against the defendant £ for his damages and his costs which the plaintiff hath sustained and expended by reason of the delay of execution on pretence of the proceedings in the said appeal, and that the plaintiff have execution thereof.

A. E. COCKBURN.
WILLIAM BOVILL.
FITZROY KELLY.
SAMUEL MARTIN.
J. S. WILLES.

G. BRAMWELL.
W. F. CHANNELL.

J. BARNARD BYLES. COLIN BLACKBURN. H. S. KEATING. JOHN MELLOR. WILLIAM SHEE.

MONTAGUE SMITH. ROBERT LUSH.

NEW SERIES, 36.-Com. Law Order.

Α

CASES ARGUED AND
AND DETERMINED

IN THE

Court of Queen's Bench

AND IN THE

Exchequer Chamber and House of Lords

ON ERROR AND APPEAL FROM THE QUEEN'S BENCH.

MICHAELMAS TERM, 30 VICTORIÆ.

1866. Nov. 13, 16.

REYNOLDS v. BOWLY AND

ANOTHER, assignees, &c.

Bankruptcy-Reputed Ownership-Interest of Dormant Partner-Dormant Partner dwelling and carrying on Business with Bankrupt-12 & 13 Vict. c. 106. s. 125.

A brother and sister took to the business of their father, a farmer and cowkeeper, and bought the stock. They then agreed to carry on the business in partnership, but in the brother's name alone, the sister being a dormant partner. She, however, lived on the farm, and helped her brother in carrying on the business. The partnership had lasted three years, when he became bankrupt : Held (the Court having power to draw inferences of fact) that on the authority of Ex parte Enderby (1) and Smith v. Watson (2), which had not been shaken by later cases, the sister's interest in the partnership effects was liable to be sold by the bankrupt's assignees, as being with her consent in his order and disposition..

This was an action brought by the plaintiff against the defendants to recover 200l., the agreed moiety of the proceeds of cer(1) 2 B. & C. 389. (2) Ibid. 401.

NEW SERIES, 36.-Q.B.

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The plaintiff is the sister of Thomas Hazell Reynolds, of the Marsh Farm, in the parish of Swindon, in the county of Wilts, cowkeeper, who was adjudged bankrupt on the 9th of December, 1864. The defendants are the creditors' assignees under this bankruptcy. In April, 1861, John Reynolds (the father of the bankrupt and of the plaintiff), then occupying the farm, which was a dairy farm, and carrying on the business of a cowkeeper there, gave up possession of the farm to the bankrupt and the plaintiff, and sold the stock on the farm to them at a valuation for 650l., and the bankrupt paid to John Reynolds 50l., and the plaintiff paid him 50%, part of the valuation, and each of them made and gave to him a promissory note for 275., payable with interest, for the balance. Immediately upon the completion of the purchase of the stock, the bankrupt and the plaintiff entered into the following agreement:

"This is to certify, that we the undersigned T. H. Reynolds and Eliza Reynolds agree

B

to commence business at the Marsh Farm from Old Lady Day, 1861, taking to all the farm stock from our father, Mr. John Reynolds, for the sum of 6501., and agree to carry on the business with an equal share of all the farm profits, each paying an equal sum of 3257. each for the farming stock, and an equal share of all farm expenses. The household furniture all belonging to Thomas Hazell Reynolds, except the furniture in Eliza Reynolds's bedroom, which is her own property. We also agree to take the Marsh Farm of A. L. Goddard, Esq., on a fourteen years' lease, and in case of the death of T. H. Reynolds, Eliza Reynolds to retain her interest or share in the said lease, except in the case of the marriage of the said Eliza Reynolds; in that case, Eliza Reynolds agrees to withdraw from partnership in the farm altogether, on receiving the half amount of money due from the farm to her by the said Thomas H. Reynolds. The said Eliza Reynolds agrees to be a sleeping partner, the business to be conducted and carried on in the name of Thomas H. Reynolds. In case of the marriage of Eliza Reynolds, a valuation of the farm effects to take place at the Old Lady Day following such marriage, and a twelvemonth's notice to be given for paying off Eliza Reynolds's share in the farm stock and effects; all farm receipts and expenses and all sums of money drawn out of the business to be entered in the farm-book kept for the purpose.

(Signed) "T. H. Reynolds. "Eliza Reynolds. "Witness, William Reynolds."

In pursuance of this agreement, both the bankrupt and the plaintiff continued from the date of it to reside upon the farm, and carried on the business of cowkeepers under the circumstances hereafter mentioned, until November, 1864. A lease of the farm for fourteen years was granted to the bankrupt alone on the 6th of July, 1861. The plaintiff and the bankrupt both resided in. the farm-house, and the business was carried on according to the terms of the agreement, under which the bankrupt bought and sold the stock from time to time for the mutual benefit of himself and the plaintiff. The household and farm expenses were paid out of the profits. The interest due on the promissory notes respectively was also paid

out of the profits. The bankrupt and the plaintiff drew equally on account of their share of the profits, and in April, 1864, the bankrupt gave the plaintiff his promissory note for 100l. as her share of the profits at that time. A partnership accountbook was kept between the bankrupt and the plaintiff, at the commencement of which was written an agreement or memorandum as follows:

"This is to certify that we, the undersigned Thomas Hazell and Eliza Reynolds, commence business at the Marsh Farm from Old Lady Day, taking to all farm stock from our father, Mr. John Reynolds, for the sum of 6507., and agree to carry on the business with an equal share of all the farin profits, each paying an equal sum of 325l. each for the farm stock, not including household furniture, which will all belong to T. H. Reynolds, except the furniture in Eliza Reynolds's bedroom, which will be her own private property. We also agree to take the farm of A. Goddard, Esq. on a fourteen years' lease, and in the case of the death of either party, the half advantage of lease to accrue to the survivor. All moneys drawn out from the business for private uses to be entered in this book, each party always drawing equal. All labour and farm expenses to be entered in this book, and all moneys received to be en tered. (Signed) "T. H. Reynolds. "Eliza Reynolds.

"Witness, John Reynolds."

They had no joint banking account. The bankrupt had a separate banking account, but it was his private account, and had no direct reference to the farm or stock, or profits or expenses of it, and the bankrupt alone during the time he and the plaintiff resided on the farm was rated to the relief of the poor, &c., and all receipts for rates and taxes of all descriptions were given in the bankrupt's name; and the plaintiff's name never appeared in the business save in the partnership book before mentioned. All business transactions were conducted solely in the bankrupt's name, and all debts in respect of the farming business were contracted solely in his name. All sales and purchases were made in his name only. All this was done with the plaintiff's consent and permission, nor did the plaintiff interfere in any way in the management of

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