Newton Abbot: At the Newton Abbot County Court, held last week, the following cases which excited much interest in the trade were tried by W.M. Praed, Esq.: Matthews and others v Pinsent and Burgoyne: This was a claim for the value of fifty bushels of malt. Mr. Stogon, of Exeter, conducted the case for the plaintiffs, Messrs. Matthews, and Opie, hop and spirit merchants, and Mr. Taverner, of Exeter. Mr. Francis, of Newton, appeared for the defendants, Mr. Pinsent, brewer of Newton, and Mr. Burgoyne, his traveller. Mr. Duke, innkeeper of Chudleigh, on the 21st of December, 1850, made an assignment of his property and effects to the plaintiffs, as trustees under his estate for the benefit of his creditors; and the same day after the effects were taken possession of, Mr. Burgoyne obtained from Duke fifty bushels of malt, which he took away from the premises, and sold for Mr. Pinsent, who was a creditor. Application was made for the return of the malt, which was refused, and then the action was brought. These facts having been deposed to Mr. Francis for the defendants, remarked that by the deed given, the plaintiffs had obtained a preference over all other creditors, and submitted that as Restall who was in possession of the property, gave up possession to Burgoyne, there was a defence to the action. His Honour said, it was not because a person who had been put in possession of effects improperly gave up property, that such a proceeding was to be taken as an answer to a claim such as that made in this case, it might be regretted that in some cases of this kind there would be a scramble amongst the creditors, but this could not justify a creditor, after an assignment had been made, in getting possession of and taking away goods, although such goods had been supplied by himself. He could only trust this as an undefended action, and his judgement was for the plaintiff: Damages £15; Costs £7 5s 5d.
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Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901