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TMI Blog1920 (8) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... and the defendant realized in execution certain assets. By Exhibit A it is provided that the defendant will submit accounts to the plaintiff of the amount spent in collecting the money, and of the amount realized, and after deducting a commission of 20 per cent pay over the balance to the plaintiff. 2. Order XXI, Rule 16, Civil Procedure Code, says that: Where a decree for the payment of money against two or more persons has been transferred to one of them it shall not be executed against the others. 3. It is not contended that on such transfer, the liability under the decree becomes altogether discharged but that the decree shall not be enforced in execution; it is open to the judgment debtor who has obtained a transfer of the decree to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore such a contract cannot be enforced by one party to it against the other, either directly by asking the Court to carry it into effect, or indirectly by claiming damages or compensation for breach of it. The case before us does not fall within the proposition laid down in Syhes v. Beadon (1879) 11 Ch. D., 170. In the first place the purchase of a decree by one of the judgment-debtors is not illegal, and in the second place this case comes within the class of cases mentioned in the judgment of the Master of the Rolls, page 193-- but in cases where the contract is actually at an end, or is put an end to, the Court will interfere to prevent those who have, under the illegal contract, obtained money belonging to other persons on the repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P., 3 . Bowen, L.J., observed as follows in Bridger v. Savage (1885) 15 Q.B.D., 368: If the person who has betted pays his bet he does nothing wrong, he only waives a benefit which the statute has given to him, and confers a good title to the money on the person to whom he pays it. Therefore, when the bet is paid the transaction is completed and when it is paid to an agent, it cannot be contended that it is not a good payment for his principal. If not, how monstrous it would be that the agent who has received the money which belonged to his principal and which he received for his principal, and only on that account should be allowed to say that the payment was bad and void. The truth is that the contract under which he received the money fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unded to the appellant. Oldfield, J. 8. If it were necessary to consider whether Section 23 of the Contract Act were applicable to the contract between the plaintiff and the defendant, I should have no difficulty in holding that the plaintiff's object, which he has unlawfully accomplished, was to defeat the provisions of Order XXI, Rule 16. It is not disputed that the defendant entered into the contract with full knowledge of the circumstances and of the character of the plaintiffs intention in making it. That, however, is not enough to justify the defendant in repudiating the liability for what he realized on plaintiff's behalf. His agency to execute a decree was, it should be remembered, in itself innocent. His knowledge that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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