Two creditors’ bills were filed, The first alleged that the Defendant (who was the debtor’s widow and personal representative) had carried on the debtor s trade since his decease, and prayed for an account of the profits: the second prayed merely for the common relief. The Court held that there was an important difference in favour of the first suit, and refused to stay the proceedings in it, notwithstanding a decree had been obtained in the second.
Citations:
[1849] EngR 428, (1849) 17 Sim 119, (1849) 60 ER 1073
Links:
Jurisdiction:
England and Wales
Insolvency, Litigation Practice
Updated: 20 December 2022; Ref: scu.298733