case atkin against berwick bankruptcy whether good deliver antecedent to a act  of bankruptcy but accept subsequent be bind by the bankruptcy S c fort S c  stram a and b live in two very remote part of the kingdom and have deal one  with another in the way of trade a send up to b a quantity of good b  apprehensive that he shall soon become a bankrupt and not think it reasonable  that these good shall go to the payment of other creditor deliver a quantity  of good be the great part of they the very individual good that he have before  receive of a into the hand of c for the use of a b subsequent to the delivery  and precedent to the acceptance of they by a become a bankrupt the question be  whether these good be not so absolute vest in a and become his property by the  delivery of they to c for his use as not to be subject to the disposal of the  commissioner of bankruptcy and upon this appear by evidence at the trial to be  the case it be state by the direction of Parker chief justice who try the  cause for the opinion of the court who all deliver their opinion seriatim this  term that the property of the good be so vest in a by the delivery of the good  to c for the use of a that they be not subject to the disposal of the  commissioner of bankruptcy a Lord Mansfield in the case of Harman v fisher  approve of the determination in this case but say the true reason of it be  that b refuse to accept of the good which a have send and return they to c on  a account Cowp for it be a renunciation of the contract by all the party  concern and a contract may be rescind by the vendor and vendee before the  right of other person be concern smith v field term Rep and therefore if a  agent buy good and deliver they to the vendees packer after the vendee have  write he a letter to countermand the purchase but before such letter be  receive these good shall revest in the vendor so far as to prevent their be  attach in the packers hand by the creditor of the vendee salt v field term Rep  but if in such case the vendor attach the good in the hand of the packer as  the property of the vendee he thereby elect not to rescind the contract and  can on the vendees become bankrupt recover they from the packer in a action of  trover smith v field term Rep so a delivery of good to a good fide creditor  where it be not a voluntary act on the part of a trader be valid Yates v grove  f ves Rep Thompson v freeman term Rep but the delivery of a trader property by  deed be a act of bankruptcy burr burr bro c c dougl Cowp a modern report er p  Pratt chief justice ground himself pretty much upon the authority of the case  of butler v baker b   b fortescue justice mention the argument of Mr justice  Ventris in the case of Thompson v leech c Carth comb comy Eq Abr holt lev Mod  Mod ld ray salk salk show show p c vent c upon the modern report reason of  which the judgement in the house of lord be give as a storehouse of law proper  to this head d see stram d case quote in the argument be cro Bulstrode cro b  roll Abr pl Yelverton cro James dyer roll Rep Leon fol clerk case judgement  for the defendant easter term the five of George the first in the court of  chancery Thomas Lord Parker Lord chancellor sir Joseph Jekyll Knt master of  the roll