De Silva v Badden (C.C. 277/1931.) [1932] EACA 45 (1 January 1932)

## ORIGINAL CIVIL.

#### Before LUCIE-SMITH, J.

# J. P.: DE SILVA, $P = \text{SILVA}$ .

## trading as the Hotel Central (Plaintiff)

## $\cdots \bm{v}.$

## F. T. J. BADEN (Defendant).

## C. C. $277/1931$ ...

Attachment before judgment-Moneys in hands of third party to pay specific claims against defendant.

$Held$ (27-1-32): - That any creditor may attach moneys so held and that the position is the same as if moneys were in hands of defendant himself.

The facts appear fully from the ruling which was as follows: —

RULING.—On 11th September, 1931, S. D'Souza commenced action in the Resident Magistrate's Court against F. T. J. Baden and on the same day obtained a writ of attachment before judgment. This attachment was served on Mr. Hogan, who admittedly held certain moneys belonging to the judgmentdebtor.

On 14th September, 1931, in consequence of "nc exeat regno " proceedings, the judgment-debtor signed an authority to Mr. Hogan to utilize certain of the funds in his possession in paying off in full the claim against the judgment-debtor in C. C. 3793 of 1931 of the R. M.'s Court in D'Souza v. Baden.

On 29th September, 1931, Mr. Kaplan obtained a prohibitory order in Supreme Court Civil Case No. 277 of 1931 which also was served on Mr. Hogan.

Mr. Finch, for D'Souza, now applies for an order on Mr. Hogan to pay the balance of the decretal amount and costs, due to D'Souza under R. M. C. C. 3793/31, to him. No questions have been raised as to the procedure adopted so I take such questions (if any) as waived.

To my mind the whole point is that Mr. Hogan really stands in the shoes of Baden. Had the money been in Baden's pocket instead of Mr. Hogan's could Baden be heard to say "It is true I have the money, but by agreement with Mr. Kaplan I am holding it pending the result of his action against me."

ORDER.—Mr. Hogan to pay into Court, to the credit of the plaintiff, in R. M. Civil Case No. 3793 of 1931, the balance of the decretal amount thereof together with the costs due to the plaintiff therein. Notice of application for payment out of the said amount to be given to the plaintiff in Supreme Court Civil Case No. 277 of 1931.

No order as to costs.