The Express.
London, England, 1855-10-04 00:00:00

IN all TYIIIIL—ANOTNIIII VICTIM OP AOSTNALIAN BPICII•

LLTION.
The bankrupt was a boot and shoe-maker, of Blackfriai.
Mad. This was the certificate meeting. At the beginning
at 1862, the bankrupt was in a deficiency of 3141. He now
tined, to unsesen-ed creditors, 4,6281. ;liabilities, 2721. The
smote were of trifling amount, the bulk of the bankrupt's
property, stated at 2,6362, having been consigned to Aus-
team The profits had been 1,072/. ; trade expenses,
USK ; personal ditto, 7031. ; losses, 6631.
Mr. Bmltry opposed for the assignees, principally en the
posed that the bankrupt had consigned goods to the value
of 2,5001. to his brother in Australia, of shish little or
nothing bad been received in the shape of proceeds. Shortly
before the failure, he had obtained credit to a large amount,
oa the representetion that he was solvent. It was singular
that nearly up to the time of the bankruptcy his brother had
seat remittauces, hut had suddenly ceased to do so on the
bankruptcy occurring, and before he could hove baud
of it in the ordinary course. All the effats of the
edictal assignee to obtain anyth.ng from Australia had
been fling.
Mr. Laminar opposed for Mr. Haste, a creditor. The bank-
rupt, when in • state of insolvency, had bought 3601. worth
of goods of Mr. Huts—chiefly cigars—and had immediately
shipped the whole to his brother at Melbourne. Toe official
assignee, Mr. Stensfeld, had sent out a power of attorney,
and carred inquiry to be made as to those coedit, menu of
the bankrupt, as well as the others referred to by the
lemma counsel ; and it appeared that the brother's goods
had been seised tor rent, and he had gone to the diggings.
It was evident that the bankrupt had made this consign-
saint solely to defraud his creditors. The goods bad not
bees Rent to a respectable merchant, but to a person little
hotter than • pauper. Creditors ware entitled to be pro.'
tested against such fraudulent proceedings. The bankrupt,
who was insolvent, had nothing to lose, and yet be bad
shipped other persona' goods to the amount of 2,6001.
The bankrupt, being examined, stated that his brother
11111011, to whom he had shipped the goods, was • shoe-
maker, as well as himself. Had heard nothing of him since
the bankruptcy.l Had had large transactions with one
Glover, in Jewin-street, who was returned as • debtor for
1971. 3001. was paid in cash; and the remainder of
the account was covered by bills. He had no
capital when be made these purchases for Australis.
This was known to his creditors. He told them he had no
doubt of being able to meet his engagements. Never said
he had enough to pay everybody and something to spare.
He told Munn. Somerville and Burr what market the goods
were for. Hui previously bought and paid for several
tercel". They did not ask about his capital till after he had
looked out the goods. All the creditors from whom he
bought goods for Australia knew that be was sending them
there' and thought the speculation was a Tiny good one, as
be had three brothers thus. They ell knew that cue of his
brothers was the consignee, and they agreed to renew his
bilis, which were for three months in the first instance. He
stipulated for twelve months' credit. When his brother find
meat to Australia he had aid boots at 121. a pair, and this
Induced witness to consign goods there. Had lest heard
hem his brother James two months before his barkruptcy,
which was is September, 1854. He then wrote that the
markets were completely glutted, that goods were rotting
there, and would latch nothing at all. Had received
remittances to the amount of 4851. before the bankruptcy.
His household expenses had been much increased by the
dines" of his wife. Had bought goods alter receiving the
Unfavourable accounts from his brother. His brother and
he had been in partnership for about nine years, at Rams-
, late; he then went into the " Daguerreotype line." Could
not account for one remittance being made to his sister
instead of himself or the assignees.
Kr. Duncan, for the bankrupt, contended that this was
arm at misfortune, end that the bankrupt was very much
▪ be pitied. He bad relied to the representations of his
brother, which were no doubt tens at the time, and had
suffered, as had numbers of others, from the revulsion in
the Australian market. The creditors bad sold the goods
with full knowledge of their destination, and that the
baaluast's ability to pay for them depended on the result
at the speculation. The case had been before the court
ill Moths, and most rigid inquiry had been made, and
there was not the slightest ground to suppose that the bank-
rapt bad kept back any portion of his mete, or that his
statements were untrue. He could not be made responsible
kr the conduct of his brother ; and he had no knowledge
whatever as to where his brother was. The creditor
Haste, who opposed, had jut been bankrupt himself. Hs
bad sought to obtain a preference, and the ritual wee the
assent of his opposition. In one of his letters to the bank-
rupt he conjured him, as he believed in God end a future,
to send him some money ; and if he could net send money,
M let him have goods.
The Commissioner—As a foreigner, be might not be as
with our law mainst preference.
Mr. Duncan—He must have been, for he had passed
through this court only just before.
His Honour considered that there was no imputation
against Haste ; but as he had made out so case against the
bankrupt he might be left out of the question.
Mr. Duncan submitted that with regard to the other
creditors there was no complaint against the bankrupt;
kr they knew the destination of the goods, and the terms
en which the consignment was made. The 'circulation
might no an wawa° one, but the creditors had approved
of
it.
His Honour said the main objection to this bankrupt was,
that being without any capital, and being, on the contrary,
k • deficiency in 1852, he had entered into speculations that
inn not justifiable under the circumstances. It was mon-
Wok that • man commencing with a deficiency should
is a few months afterwards consign to Australia 2,6001.
worth of goods, and that not to any recognised aer-
onaut, not to any recognised house, from whom
opportunities of sale and regularity of accounts might
have been expected, but to a brother, who had abandoned
his regular trade for the Dsguerteotypc speculation. For-
tunately for him, no evideoco had becu produced to show
whether he was or was Dotcognisatt of the particular state
of the brother in Australia, who, from what the official
assignee had heard, had turned out very little better than a
amok pauper, if not something worse. The bankrupt had
ham guilty of most reckless trading; the mode of keeping
idegosnunts was unsatisfactory; his personal expenses were
mrsimehed ; they might have been more than 7001 ; it
Repent very probable that they had been less; and what-
ever excuse he might have had for this amount by reason of
misfortune or the Blouse( his wife, it should always be buns
in mind that whatever their domestic calamities, traders
were not entitled to rapport their families Put of the pockets
of their creditors. Considering the length of time the
bankrupt had been before the court, his certificate would
not be suspended, but it would only be of the third class.
IN RI rorruvram, AND 0077.

The bankrupts were described as merchants and commis•
don agents, of Clement's-lane and Londonstreet, trading
ander the fizz of Popplewell, Goff, and Co. This was the
examination meeting. The joint bsisnee-sbeet, eatendieg
over about flee years, shows a sum of 22,0571. due to un-
enured creditors, and 7301. to those holding security. The
asset: are stated at about 6,0001.
I;4Fley opposed for the assignees.
The book: opts posed as to their joint accounts ; Popple-
well was adjouiltod a to his private accounts, relating to
his separate tradinp;-

FASHION AMONO TZE FAIR DEMOCRACT.—A car-
respondent of the New York Doily Times, writing frcm
Philadelphia, says :--ets regards bonnets, they appear to
.7row frightfully lees, st:4 before winter seta in it is probable
that : large ?OWN filed :It the tuk ef the kair will take
thee:ply/O.