HERMAN v. THE MOUNT LYELL MINING AND RAILWAY COMPANY LIMITED

29 VLR 550·Supreme Court of Victoria
29 VLR 550
29 VLR 550
HERMAN v. THE MOUNT LYELL MINING AND RAILWAY COMPANY LIMITED Supreme Court of Victoria
HOLROYD, J. October 15, 16 October 1903 Assignment of debtEquitable assignmentLettersPromise by debtor of assignor to pay to assignee a future debtRequest by assignor to assignee to accept such promise against his debt to assigneeBook Debts Act 1896 (No. 1424), ss. 2, 3Applicability to foreign debts .

The H. Company, which was domiciled and traded in Tasmania, and was being pressed by the E. Bank in Victoria for payment of its overdraft, sold goods to the M. Company, which was incorporated in Victoria, but carried on business in Tasmania, and on 22nd October 1902 the M. Company, at its request, addressed to the E. Bank a letter to the following effect:—"We have received from the H. Company goods to the value of 1013l., which sum we agree to place in the E. Bank in Melbourne to their credit on or before 1st April 1903 in payment thereof." On 23rd October 1902 this letter was forwarded by the H. Company to the E. Bank, together with a letter of its own, asking the E. Bank to "please accept the letter of the M. Company against our account." Before the money had been paid by the M. Company into the Bank the H. Company executed a deed of assignment in favour of creditors.

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