Fitzroy v. Cave

Cave (defendant) owed debts to five separate creditors, who assigned those debts to Fitzroy (plaintiff), a co-director of the same company as Cave. Fitzroy, unhappy with Cave's performance as director, sought the assignment specifically to force Cave into bankruptcy and out of his director position. Once the debts were assigned, Fitzroy sued Cave to recover on them; the lower court, per Justice Lawrance, entered judgment for Cave, holding the debts could not be assigned to Fitzroy, and Fitzroy appealed.