case ex part DEEZE June that follow in re wit ex part Shubrook Ch d a packer  may retain good till he be pay the price of pack and if he have another debt  due to he from the same person the good shall not be take from he till he have  pay the whole notwithstanding the debtor be become a bankrupt Mr Norton  Nicholls a merchant borrow of the petitioner the sum of pound for which he  give a note of hand afterward he send the petitioner who be a packer six bale  of cloth to pack and press some time after Nicholls pay off a part of the  pound and interest for the remainder and then ask the petitioner if he will  have the whole pay off which the petitioner decline and then the old note be  deliver up and a new one give for the remainder before the remainder be pay  and before the six bale be take out of the petitioner custody Nicholls become  a bankrupt and it be agree between the petitioner and the assignee of Nicholls  under the atkins Commission that it shall be determine in a summary way upon a  petition to Lord chancellor whether the petitioner can retain the six bale  till his whole debt be satisfy N B there be no good in the hand of the  petitioner when he first lend the money nor have there be deal between they  for many year it also appear there be at the time of the bankruptcy pound due  to Deeze for the pack and press these bale and there be due from Deeze to  Nicholls near that sum for wine Lord chancellor I be of opinion that under the  circumstance of the present case the assignee have not a right to take those  good from the petitioner without make he a satisfaction for his whole debt  notwithstanding the rule of law as to bankrupt reduce all creditor to a  equality atkins er p yet it be hard where a man have a debt due from a  bankrupt and have at the same time good of a bankrupt in his hand which can be  get from he without the assistance of law or equity that the assignee shall  take they from he without satisfy the whole debt and therefore the clause in  the act of parliament of the Geo relate to mutual credit have receive a very  liberal construction and there have be many case which that clause have be  extend to where a action of account will not lie nor can this court upon a  bill decree a account the question then will be whether there be any specific  lie on those good in the petitioner hand either by express contract or from  the nature of the deal if not whether there be any mutual credit and account  to be sure packers may retain good till they be pay the price and labour of  pack and so other trade may retain in the like manner therefore these good be  in the petitioner hand in the nature of a pledge for some part of his debt  that be the price of the pack and what right have a court of equity to say  that if he have another debt due to he from the same person that the good  shall be take from he without have the whole pay in the case of Demainbray v  Metcalfe before Lord Cowper vern he say he look upon it as a account current  between the pawner and pawnee the present case I think be strong for here the  good be undoubted a pledge in the petitioner hand for part of his debt it be  very hard to say mutual credit see French v Fenn cook b law smith v Hodgson  durn and east shall be confine to pecuniary demand and that if a man have good  in his hand belong to a debtor of his which can be get from he without a  action at law or bill in equity that it shall not be consider as mutual credit  and Lord cowpers opinion plain favour that construction for he look upon the  jewel pawn and note give as a account current between they and here though if  there have be no bankruptcy in a action for these good the debt can not have  be set off yet as the clause of mutual credit have be extend I think atkins it  may come within that rule especial as here be a account between they on the  one side pound due for pack c on the other side much about the same sum due to  the bankrupt estate for wine this case seem to have be determine upon evidence  that it be usual for packers to lend money to clothier and the clothes to be a  pledge not only for the work do in pack but for the loan of money likewise  post burr accord to which usage the packer be in that nature of a factor and  as such entitle to a lie upon the good not only for incidental charge but as a  item of mutual account for the general balance due to he ex part Dumas post  note Krutzer v Wilcox and gardener v Coleman burr green v farmer burr but by  where good be deliver to a tradesman or manufacturer for a particular purpose  as corn to a miller to be ground or cloth to be die by a dyer c for these have  only a specific lie upon the good for the price of grind die c ex part  Ockenden post green v farmer burr black Rep S c see also ex part Andrews cook  b law