ambler case ex art OURSELL in the matter of Julians bankrupt saint Feb bill  send by a correspondent to a merchant to be apply to a particular use if the  merchant become bankrupt before the money be receive the correspondent have a  special lie and shall be prefer to the general creditor aliter where the bill  be send on a general account order book Vol p Oursell who reside at parish  deal with Julian and his son in draw and redrawing bill of exchange the  Julians at the time of their bankruptcy be great indebt to Oursell on balance  Oursell have remit to the Julians several bill which be accept but before  payment they become bankrupt and the assignee under the commission receive the  bill when due from the acceptors and now Oursell petitionedLord chancellor to  compel the assignee to repay the money receive on those bill and that if any  of they remain unpay they may be produce and deliver to the petitioner on hear  the petition several matter seem to be agree to by the court saint if bill be  send by a correspondent to a merchant here to be receive and the money to be  apply to a particular use and the merchant become bankrupt before the money be  receive on the bill the correspondent have a special lie in respect of those  bill and the money shall not be divide among the creditor at large this be say  to be so settle in the matter of these Julians bankruptcy ex part Dumas that  August but where bill be send on a general account between the correspondent  and merchant and as a item in the account it be otherwise ex part Flournois in  the same bankruptcy that August adjourn to inquire whether those bill be send  for a particular purpose or on a general account that Apr the petition come on  again this day and a additional affidavit of Oursellwas read ambler Lord  Hardwicke chancellor question be whether here be sufficient evidence of a  appropriation of the bill of exchange remit by Oursell when this matter come  on before it be in a more general way insist that where bill of exchange be  remit on a general account if they can be get at before the money due upon  they be receive by the merchant here who become bankrupt it shall not be  divide among his creditor at large but the correspondent shall have they  return but in my opinion that be go too far the fact now be Oursell ambler er  p at parish and Julians in England correspond and deal with each other in draw  and redrawing bill of exchange they keep separate account and in the account  keep by Oursell the Julians be indebt to he on balance pound and odd in the  account keep by the Julians Oursell be indebt to they pound Oursell draw  several bill of exchange on the Julians to the amount of pound and odd which  be protest for nonpayment and return and Oursell discharge they with the cost  of the protest after those bill be draw Oursell remit to Julians two bill the  one for pound the other for pound Payable to Julians these two last bill be  not pay till after Julians bankruptcy and be then receive by the assignee it  appear these two last bill wear send to enable Julians to pay the bill draw on  they when Oursell send they he write a letter to Julians and in it take notice  that he will send to answer what be remain for they to pay on his account not  what be due on his account argue that these bill must be on account of the  remittance and be intend in the first place to pay the pound balance due from  Oursell but that can be for Julians have satisfaction for that balance at home  in their own hand for they be indebt to he in a great sum and the letter  import otherwise it must be take as the letter import it be a matter of fact  not of law I be satisfy on the evidence it amount to a appropriation and be  within the rule and reason I go upon and lie down in the case ex part Dumas  atk S c Ves zinck v walker Bl Rep take v Hollingsworth t r park v Eliason east  see ex part Emery Ves sen a Aguila v Lambert cook b l ex part Clare ib hassel  v Smithers Ves ex part Sayers Ves ex part pea Ves bend v puller t r Thompson v  Giles dow Ry ex part Towgood Ves ex part sollar Ves bend v puller t r Bolton v  puller b p take v Hollingsworth b sup smith v bowl Esp n p c Eden b l with  respect to what be term short bill where they be remit to a banker on a  general account they can on his bankruptcy be lie hold of by the remitter but  if remit for a particular purpose they must be apply to that purpose ex part  pea ex part Wakefield bank ex part Leeds bail rise Ves ex part Rowton Ves rise  Thomson v Giles b c see ex part smith buck brown v Kewley b and p Bolton v  Richard t r t r east ex part wear Ves ex part Buchanan rise ex part Burton  bank rise Giles v Perkins east the petition state that the petitioner who  reside in parish employ the bankrupt and his late partner decease as joint  factor to receive and pay from time to time diverse sum of money for the use  of the petitioner and for that purpose the petitioner draw bill of exchange  upon they Payable at future time and use to remit they bill of exchange to  answer and satisfythe bill he draw on themthat the bankrupt be at the time of  the commission indebt to the petitioner in the sum of pound S d upon the  balance of account for money receive by he for the petitioner use and for  money pay by the petitioner for the use of the say bankrupt that on the d day  of February the petitioner remit two bill of exchange date the saint day of  the say month one for pound and the other for pound draw by messrs revier of  parish on messrs Wombwell and grant of London at three usance to the order of  salt Dufesq of parish and endorse to thepetitioner and by he to Julian which  bill be not due at the time of the commission issue nor until the that of may  follow and the petitioner remit the say bill to the bankrupt as his factor for  the purpose of receive the money and apply it when receive to answer and to  pay such draft as the petitioner have or shall draw upon they that the say  bill be at the time of the commission in the hand of the bankrupt and be  deliver over by he to the assignee and the money Payable on they have since be  receive by the assignee on hear the petitioner letter of the d of February and  several affidavit read it be order that the assignee do pay the two sum of  pound and pound to the say petitioner or to his order ambler er p