Judgement

This was an appeal from a judgment given on the 26th March 1833 in a cause in the Supreme Court of Judicature at Fort William, in Bengal, in which the appellants were plaintiffs and the respondents defendants.

The appellants were the assignees of the estate and effects of John Palmer, George Alexander Prinsep, William Prinsep, and Charles Barber Palmer, lately trading in Calcutta, in the province of Bengal, in the East Indies, under the style or firm of Palmer and Co.; and they were duly appointed such assignees by virtue of an Act of Parliament made and passed in the 9th Geo. IV., o. 73, entitled, " An Act for the Belief of Insolvent Debtors in the East Indies," and this was an action brought by the appellants for the purpose of recovering from the defendants the gum of sicca rupees 30,176. 10a. 1p., and interest. The plaint was a special declaration in assumpsit, containing special counts on the several arguments hereafter mentioned, with counts for money lent and advanced, money had and received, for interest, and upon an account) stated. The defendants pleaded the general issue, non-asaumpsit, and gave notice of set-off.

The cause came on to be tried on 21st July 1832