The Express.
London, England, 1852-06-19 00:00:00

COURT OF COMMON PLEAI3.—YEerrraDAT.

le;tew•re is= Pairs is Ittoosessx.—Belau Caner runes
Jes•te AIM • BPIOCUL JUST.
CYMeru r. CIIIRITO.—IKPOLTANT ISAMUUPTCY CASE.
The plaintiff in this use is a merchant, carrying on bul-
imia is lobilpeolase,ead the defendant MU formerly •
ememiseina @gut is Mbeiorisse. The action was founded
uses $ Wpm* ebteloM by the plaintiff sgainst the de-
feeleat 4 the Court of Quess's Bench for 3841. 3s. 2d.
ft•emewer to the action, the defendant set up hii
The esly hose in the eases war to be peeved
pri by the do
tie hobs% sod ble eemase theteheet bed the eller of
cur. H. sated dist is the early part of
the ye". 1161711111 the defendant get We diSculties and pro-
posed an arrangement with bh erediten. Accord Me Moths
present law reel an arrangemeat Maki be mule WIN I.
connexion with tho Court of Baakrepley er met, end the
defendant proposed to make en artaagesout is stesssist
with the court. His proposal war to pay 4s. is the
pound, but u he could not give security for this awned,
the court refused its unction, and the defendant berme a

bankrupt.
The defendant's counsel put in the necessary dements
to prove the bankruptcy. The judgment upon which the
action was founded was dated the 6th May, 11331, the adju-
dication in bankruptcy was on the 16th May, and on the
22nd July a ant clue certificate was granted to the de-
fendant.
The plaintiff's counsel then stated that he sought to
defeat this certificate under the 201st section of the
which provides that if any bankrupt shall, after an act of
bankruptcy, or in coatemplation of bankruptcy, or to defeat
the statute, have concealed or parted with his property or
securities, or made any false or fraudulent entry in soy
book of account, his certificate, although slowed by a com-
missioner in bankruptcy, shall be void.
Witnesses were called on both sides, and the following
facts were stated. The defendant and a former partner of
his had had some transactions with a Mr. Pestaloni, and the
plaintiff held a security of his for upwards of 4,0001.
He, however, absconded, end the defendant consequently
got into difficulties. Under these circumstances he went to
Paris to his father to ask for assistance. The father said
be had no money, but he would sell out some Neapolitan
stock: and this stock he did sell out, and transmitted nine
bids of exchange for 2,3131. to the defendant in London.
According to the plaintiff's cue the tether lent the money
to his son, but according to the defendant's case he did
not do so. His case was that the father had instructed
his agent tosell the stock and with the proceeds to obtain
bills upon Paris or London ; if upon Pans, they were to be
sent to him, and if upon London to the defendant, to hold
for his father until he should have an opportunity of in-
quiring into his son's affairs to see whether he would lead
him any money or oat. At this time the defendant
thought Pestaloui's security was an available one ; but
shortly afterwards he discovered that it was useless, and
his affisirs became in a desperate state, and his father re-
fused to advance him any money. A letter from the def. nil-
ant's father was put in to show that this was the true state of
things, but the question raised was whether this was a loan
or not. The bills reached the defendant on the 16th Nov.,
and with two of them he redeemed two bales of Italian silk
which were in the hands of Mesas. Durant. On the fol-
lowing Monday he received two bills from Meters. Z Wain,
and these hills he sent to his father, in lieu of those he had
handed to Messrs. Durant, and he also returned the other
bills which his tether had sent to him. The questions upon
this part of the case was whether this was a par*. with
securities so as to defraud the rest of the creditors
to the bankrupt laws. If it was a loan, it was
that the defendants ought not to have returned the bills;
' and if it wee net a loan, it was said that he had a
his father's property in paying the bills to Dursalt,Vied
no right to take the property of his creditors to make up
that which he had misapplied of his father's. A INNINIE-
duos of the transaction between the defeedeat sad
his father was made by the delemilaaPs disease is
' his books, and there it was dandled se a lean,
but it was now stated that this was a miebbe of the oink.
Another part of the cage was, that the Mils Men the father
were entered in the defendant's bill bash, end the defile-
' dant, whilst making up his hooka sie Mr. Oresua's, the
official assignee, inserted a sesismesa in the beak as to the
' two bills from Mem. ZisWa. The queen= was, whether
this may was made to defraud the creditors.
The Met Jades said this eras woe one of oniderable
imperlase, ad be believed it was the first is whisk this
seethe of der net led Mss Win es, of the swan awns.
It was a sake whisk had given rise to meth disenseke ta
the inklature,_ and he believed had met with much appro.
bates la the City of London. In framing it, it was de-
al/el that a bankrupt should be protested if Yeast, but
Met endinee should have the advantages( up the
whole traseatiou. and Isaias a fall and it
was important to see if they mkt any it bee clot.
It was most unfortunate that the balm whisk
ate ken been in the sate beeploo of the ellisla
eel it vanes la same Ow got into hie hark the
ensedis is the peals% is be is Anna
alevadir It imp intsrWen Met Owes beaks Whose
amend milk and he did ad Oak that tho penal to
this anise would ri• their duty M the piddle seism they
Maga the attention et the wasmissisara to
stbi==
@ablest It
bakrupt did shake *dr sonalsees la the
of the law that • gentleman mite was
to hew the Ingidatstoothe books, and wile ma =
gar.liberally , should allow a tell
beekrent make
anemias la these ks. The learned add Judos then
went thrash the evidence, and left the mate we for the
consideration of the iury.
The jury, after half an hour's asesidativr, tend a ver-
dict for the plaintiff, and they oho ben* measly to ea-
press their opinion that every peessaiss *sad -lee taken
by official assignees to prevent toekruptemoking altentions
in their books.
Verdict for the plaintiff.