236 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
consignment and they were to credit him with the amount and he was to draw upon it and B & Co. was re-imburse itself by recovering the amount from R. F drew for certain amounts on B &. Co. But R failed to meet the Bills on maturity.
F, who was the debtor of the B & Co. by a letter to B & Co. promised that he would direct and by a subsequent letter did. direct to deliver the goods to V as the agent of B & Co.
F wrote to R to transfer the goods in his possession to V, the agent of B & Co. in the town. R accordingly delivered the goods to V on the 30th of June 1829.
On the 23rd of June 1829, F was adjudged insolvent for an act done on the 23rd of May 1829. His trustee in bankruptcy sued for the recovery of the value of the goods from B &Co. B & Co. contended that there was an equitable assignment of the value of the goods by F. Held the order of the debtor was a good assignment in Equity.
Rodick vs. Gandell.
(1851-2) 1 Degex. 763. 42. E. R. 749
Gandell was an Engineer and was indebted to a certain Bank for a large amount and the Bank was pressing for payment.
Gandell was a creditor of a Railway Co. To induce the Bank not to press for payment and also to pay other drafts outstanding against him, it was arranged that Gandell should instruct his Solicitor to recover the amount due to Gandell from the Railway Co. and pay it to the Bank. G, by a letter to the Solicitors of the Company, authorized them to receive the money due to him from the Railway Co. and requested them to pay it to the Bankers. The Solicitors by letter promised the Bankers to pay such money on receiving it.
Why—no agreement between debtor and creditor. The Solicitor recovered the amount from the Railway Co. but instead of paying it to the Bank, paid it to Gandell. Gandell became insolvent and his property was taken possession of by the official assignee. The Bank sued for a declaration that there was an equitable assignment by Gandell of his funds claimable from the Railway in favour of the Bank and collected by the Solicitor and the