case ex part bias November the that d be indebt to m king in pound give he the  follow note I promise to pay to m king the sum of pound l witness my hand Aug  that e d m king be indebt to petitioner in pound S Od deliver e d s note to he  that he may receive the money in part of his debt and take the follow receipt  receive Dec a bill for pound which when pay will be on account per Thomas bias  m king become a bankrupt but not have endorse or assign the note to petitioner  the assignee apply to d s solicitor and receive of he the pound the assignee  of k s estate ought to be consider as trustee for the petitioner with respect  to the sum of pound and order to pay he the money accord vide Terrel v hope  post vol winch v Keely durn and Easts Rep mrs Devereux be indebt to Martin  Kankell in pound for good sell on the that of August give he the follow note I  promise to pay to Martin Kankell at queen Caroline head in tavistockstreet  covent garden the sum of seventyone pound witness my hand August that e  Devereux Martin Kankell be indebt to the petitioner in pound S deliver to he  mrs Devereuxs note that the petitioner may receive the money due thereon in  part of his debt and take of the petitioner a receipt for the same in the word  follow receive that of Dec a bill for pound which when pay will be on account  per Thomas bias atkins er p atkins the that of march a commission of  bankruptcy issue against Martin Kankell mrs Devereux die in and by her will  charge all her estate real and personal with the payment of her debt Kankell  not have endorse or assign the say note to the petitioner the assignee apply  to mrs Devereuxs solicitor and receive the pound of he on give security to  indemnify he against the petitioner claim who have the note in his custody and  possession the petitioner prove his whole debt of pound S under Kankells  commission but at the same time insist on have the benefit of the note and  that the assignee ought not to have receive the pound and that the same have  be so receive by they in prejudice to the petitioner ought to be pay over to  he and therefore pray that the assignee of Kankells estate may out of the  money now in their hand pay to the petitioner the pound which they receive for  the money due on mrs Devereuxs note Lord chancellor I be of opinion that the  assignee of Kankells estate under the commission ought to be consider as  trustee for the petitioner with respect to the sum of pound which they receive  on account of the note give by mrs Devereux in the petition and do order the  assignee to pay forthwith the pound to the petitioner accord to the prayer of  his petition