— Part YIII.
Maintenance and Champertv^.
55
of fraud was held to be bad {m). So too is the But a creditor of a right to sue trustees for a breach of trust {n). may assign his debt so as to enable another to sue for it, though such other's wish to enforce the debt arises from ill-feeling towards the debtor (o). It would seem, however, that he cannot transfer ^Yitll his debt the right to proceed with a winding-up petition A bankrupt's right of action vesting ah-eady presented by him (jj). in his trustee in bankruptcy, may properly be sold by such trustee, A person may buy shares at any rate to one of the creditors in a company merely for the purpose of challenging, by legal proceedings, ultra vires acts of the directors (?•). The statute 32 Hen. 8, c. 9, expressly forbade, under penalty of forfeiture, the sale of "pretended rights or titles" by persons not
on the ground
in possession
such in the suit (t) a solicitor cannot purchase the subject-matter thereof from his client («), alihough he may lawfully take a mortgage upon it to secure costs and expenses already incurred {x). (m) Prossei' v. Edmoiuh (1835), 1 Y. & C. Ex. 481. See also De Hoghton v. Moneij (1866), L. E. 2 Ch. 164. (/?) Hill V. Boyle (1867), L. R. 4 Eq. 260. (o) FUzroy v. Cave, [1905] 2 B. 364. {p) Be Far is Skating Rink Co. (1877), 5 Ch. D. 959. Guy v. Churchill (1888), 40 Ch. D. Iq) Seear v. Lawson (1880), 15 Ch. D. 426
K
481.
Bloxam
{s)
As
v. Metropolitan Rail. Co. (1868), 3 Ch. App. 337, 353. to the limited application of this statute at the present date, see Jenkins V. Jones (1882), 9 Q. B. D. 128; Kennedy v. L^Jell (1885), 15 Q. B. D. 491. Eor earlier decisions under it, see Cholmotideley v. Clinton (1821), 4 Bli. 1 ; Doe d. Williams v. Evans (1845), 1 C. B. 717. It did not forbid the sale of a mere expec-
tancy {Cook
V.
Field (1850), 15 Q. B. 460).
(0 Knight V. Q. B. D. 519. (w)
Davis (x)
Wood
V.
VIII.
Maintenance and Champerty.
(s).
must be remembered in this connection that solicitors purchasing from their clients the subject-matter of a suit are in a After his employment as different position from other purchasers. It
(r)
PART
Bowyer
Downes
(1858), 2
De
&
G-.
(1811), 18 Ves. 120
J.
421
Simpson
Davis v.
v.
Lamh
Freethy (1890), 24
(1857), 7 E.
& B.
84;
V. Freethy, supra.
Anderson Y. Baddiffe (1858), E. B.
&E.
806.
See further,
title
Solicitors.
Solicitors.
