Page:Federal Reporter, 1st Series, Volume 1.djvu/311

BELiaUAK V, WELLS. 803 �money was placed in the hands of the draweea expressly to provide for the checks. They were not legally bound to receive the funds for that purpose, or to accept or pay the drafts unless they chose to do so. WiUîama v. Everett, 14 East, 682. They did not, however, refuse to reçoive the funds for that purpose, as the defendants in Williams v. Ever- ett did, but received them with full knowledge of the purpose, and without objection or protest. This sum was set apart and appropriated by the bankrupts, before bankruptcy, for the holders of the checks, and was in the hands of the Basler Bank Varein for that purpose, and was elaimed by the hold- ers of the check while it was there for that purpose, and while they had the right to it, and before bankruptcy proceed- ings were commenced. �This case is like De Bernales v. Fuller, 14 East. 690, note c, where it was ruled, at the trial before Lord EUen- horough, C. J., that money paid into the defendants to take up a particular bill could not be recovered by the holder for want of privity; but afterwards a rule for a new trial was made 5absolute, after much discussion by the court, be- cause it appeared that the money was paid into the defend- ants' house for the specifie purpose declared at the time of taking up that bill, which purpose was not directly repudi- ated till afterwards, and the plaintiff finally recovered. De Bernales v. Fuller, 2 Camp. 426. �That case is not contrary to Williams v. Everett, or Bank of RepuUie v. Millard, or cases elsewhere holding that drawing and delivering a check is no assignment of the fund. And, on principle, it would seem that when Kaufman & Go. directe d the Basler Bank Varein to pay money to the orators, which would include a direction to the orators to receive it, and had been paid by the orators for the right to receive it, and then sent the money to be paid, ^nd it was received for the pur- pose of making the payment, the orators would have a right to the money on calling for it while it was there. �As the orators are entitled to the money in the hands of the bauk they have the right to folio w it into the hands of ��� �