THE RULE OF EX PARTE WARING. BY ARTHUR CLEMENT EDDIS, B. A., OF LINCOLN'S INN, BARRISTER-AT-LAW. LONDON: STEVENS AND SONS, 119, CHANCERY LANE, 1876. CONTENTS. Ex parte Waring-Statement of the Case-Judgment. Rule of Ex parte Waring-its general character—not resting on independent right of the billholder-rights as between estates of acceptor and drawer-equitable rights of estate (1) of acceptor, (2) of drawer-results deducible as to insolvency of drawer and acceptor-as to forced administration-parties to the contract of specific ap- propriation-necessity of double proof on part of bill- holder-proof only for the balance-rule inapplicable Cases in which the rule has been applied-Ex parte Perfect- Prescott-Hobhouse-Brown-Parr-Laycock v. John- son-Powles v. Hargreaves-Ex parte Carrick-Ackroyd -City Bank v. Luckie—(Levi's Case)—Bank of Ireland v. Perry-Ex parte Smart-(Vaughan v. Halliday)-- Cases where the rule has been discussed, but not applied-Ex parte Copeland-Hickie & Co.'s Case--Trimingham v. Maud-Levi's Case-Ex parte Alliance Bank-Vaughan Order made in Ex parte Waring. THE RULE OF EX PARTE WARING. CHAPTER I. THE rule of Ex parte Waring a which was laid down by Lord Eldon in the year 1815 has ever since been held as an established principle in Equity. The cases to which it has been applied, especially in recent times, have been of very frequent occurrence; have arisen under varied circumstances; and have sometimes involved considerable difficulty. I have thought that it might be useful to collect these cases in chronological order, so as to trace the successive stages through which the rule has passed from its earliest establishment down to the present time. This may be of more practical importance as, under the recent Judicature Acts, this rule (being one of the rules of Equity) may have to be applied by all the Divisions of the High Court of Justice.b a 19 Ves. 345; s. c. 2 Gl. & Jam. 404; 2 Rose, 182. B. |