The Express.
London, England, 1851-11-06 00:00:00

the old reboot; but the times compelled the bankrupt to
adopt a different line of trading. His transactions were
tot those of an hour, but the legitimate trading of her
years, during which period his contract& tic., had amounted
to no less than 228,1.100/., upon which there would have been
uo loss, but. un the contrary, after deducting all expenses
for wages, &t., there would have been a large profit. it
certainly. did appear that he had been taking large con-
tracts single-heeded, whereas ho ought to hove had
assistance. He had engaged certain sob-contracton,
and amongst them was Mr. Yeoman, who, although
indebted to the estate of the bankrupt, claimed to be a
creditor on hills to the extent of 4,0001. or 6,0001. Yeoman,
who was a briekmaker, had dune work for the bankrupt
before, and was to supply him with bricks for the purpose
of completing the City Prison. The contract was that he
' should supply the bricks at 28s. per thousand, the bankrupt
having previously paid 345. It was agreed that, in order
to give Yeoman the means of furnishing the bricks, the
bankrupt should give his acceptances for the amount, which
I were forwarded in due course. Yeoman had failed to per-
form his part of the contract, not only is respect to that
particular building, but as to some gas works at Fulham,
and half-a-amen houses which were in course of erection at
Bayswater. Yeoman had claimed to be • creditor, but at
the time of the failure there was an open account between
them. There was no pretence for the charge that these
bills were accommodation acceptances,. they were given in
anticipation of an amount to which Yeoman would have
been entitled on the completion of his part of the contract.
lie had gone on receiving the bankrupt's acceptances, but
had nut delivered the bricks according to contract. lie had
also failed to cart the bricks; and there were in his pos-
session, undelivered, at the time of the failure, no less than
600,000 bricks, which would have made • great (M-
-il:mum in respect to the account between them.
It turned out that Yeoman hail works of his own going on
somewhere else, and the bricks which ought to have been
supplied to the bankrupt went to those work,. The bank-
' rapt might have been un Rise in giving his acceptances too
soon, but he was not to be harshly dealt with on that ac-
eount. He had been charged with bad book-keeping, but
if all his varied transactions were not Entered in his books,
there were materials from which the accounts could be
vouched ; nothing was lett unvouched except the per-
sonal expenditure, the genuineness of which had not
and could not be doubted. It would be impossible, on re-
ference to the bankrupt's extensive transactions, to suppose
that a proper statement respecting them could appear in
the books until their completion. The bankrupt had satis-
fied the assignees that he had given a true account of his
transactions. He had been deceived by Mr. Yeoman, who
might be made answerable for what he had done, and the
amount of dividend paid on the bills proved ought to be
refunded. There was • contract with Crawehaw, who was
to deliver bricks of a superior quality for the City l'rison,
so as to satisfy the surveyor there; he had tailed
to do so ; and the bankrupt had a right to
proceed against him, and compel him to do so if he could.'
like fairly accepted these bills in the ordinary coursepf his
businees, he ought not to be puuished on that account;
otherwise merchants would he. liable to puniehineut every
day, as it was a common practice to accept bills before even
ti c bills of lading came to hand. The bankrupt had no
means of knowing the state of his accounts with Mr. Craw-
shaw from day to day. It was said he had been a lung
time iu making up his accounts; but he had suffered fur
this in the very limited allowance which had been made to
him. No doubt the bankrupt regretted having given the
acceptances to Mr. Cooke and Mr. Alderman Gibbs; but he
had derived no benefit from the transaction. It was mutter
of surprise that a gentleman of the standing of Mr. Alder-
man Gibbs should allow these bills to be dishonoured. The
bankrupt had been egregiously deceived in believing that
Mr. Alderman Gibbs would net allow this liability to hill
upon him; a gentleman holding a high public station
might have thought it decent to retire these bills from cir-
culation. No doubt, it might he said, the bankrupt had no
right to damage his estate by accepting bills fur other per-
sons but it was beyond doubt that when the bankrupt
accepted these bills he did it with a full belief of Mr. Alder-
man Gibbs's solvency. It was evident that the bankrupt
wuula have derived a considerable profit from his trading
haul the sub-contractors fulfilled their contract. lie believed
himself to have property worth 20,0001., whereby he would
have been able to pay something like 40e. in the pound.
Ilis stuck hail produced 2,500/. ; good debts, 4,7001. ;
doubtful, 9,1481. ; his !ease, 7204 ; his furniture (which
had cost upwards of 1,0000 hail sold fur ;401. ; and poli-
cies for idol. lu all the aortae were near 12,0001. Hu had
sustained a loss of 3,3001. on some works ut Camden-town.
Ile hail done work to the amount of 4,0001., when, owing
to the failure of other parties, he was obliged to take the
works on his own hands, and hence the loss. This was the
commencement of his difficulties. But for the loss incurred
in the realisation M his property since the failure, equal to
20,0001., there would have been • profit of
14,000/. on his trailing. Ile could not therefore
he charged with anything like reckless trading.
His expenditure hail been very moderate, 3,1611. in 54
years. He had adopted the course which was usual in
busines.es like bus; he bad been guilty of no misrepre-
sentation to any creditor; his book-keeping, though
alleged to be imperfect, had enabled him to produce
vouchers for all his transactions ; and there was no pretence
for saying that he had been guilty of reckless trading. He
hail inherited a good name ; his friends had assisted hint to
the amount of 10,0001.; his l/Wll property as well as that of
Isis creditors had gone, but not in any rush speculations.
Bankrupt, in examination, said, lie built the City of
London National School, fur which Ald. Gibbs was treasurer,
when the bill was sent in, he could not pay, and asked
witness to bike his acceptance ; he did so, and when it
was duo was desired to renew it. A part was then paid,
and ultimately he was drawu is to the amount of 1,1001.
He believed the reason was that Alderman Gibbs was
unable to make up his accounts with his owu society, and
therefore asked him for accommodation. . .

By the Court—l only accepted bills of Yeoman's in re-
spect of bricks supplied, not for money. Bat tor the non-
fulfilment of the contracts there would have been a net
profit on the whole trading of 14,00 a
Ills Honour said he should require to look through the
accounts and contracts before giving judgment. If the '
bankrupt had merely accepted bills for goods supplied, lie
could not be blamed ; but it was a very different thing it
he had gone on accepting for the accommodation of other
persons. The transaction had probably begun in the
Pamir way, and had then gone on till it became a sort of
general accommodation.

IY ItE lIODINSON,

This was the last examination meeting in the case of W.
Robinson, corn-merchant, of Trinity-square, Southwark,
and Bromptun. The accounts, prepared by Messrs. Hard-
ing, rullein, and Co., extend over tour years prior to April
last, and show the following result T. unsecured credi-
tors, 5,340/. ; ditto secured, 80 . 791.; liabilities, 2,812/.; sur-
plus at the commencement or the account, 13,2151. ; profit,
ditto as a bill-broker, 4,93-V. Dv
• - tn realise 1000 ; -

as a corn-factor, ; 5,.._
doubtful debts, 1,0001. (estimated to realise 1000 ; pro-
perty, 6001.; ditto held by creditors, 8,1801.; hu h deposited
with creditors as security, 4,01.51. (estimated to realise
2001.5 ; losses, 11,8311. ; trade charges, in the corn business,
1,791/. ; bill business, 6001. ; persona! expenses, 5,5:111. ;
law charges, 1,63.51.
Mr. Linklatcr, for the assignees, offered no oppositio 2,
and the bankrupt passed.

,26(4. ;

_
IN lit Bitoomn.
This was the first meting fur the proof of debts and
choice of ,assignees in the mutter of henry Broome, the
pugiiiat, descr bed as a licensed ♦ictualler, of the Hay-
market. There was not a large attendance of creditors.
The amount of debts proved was about 1501.
Mr. William Mastield, of Lewes, the petitioningcreditor,
was chosen trade assignee.

Duro. MR. 001DIMIONI
IN I4Z COLE.

Ev.e.s.

This was the last examination meeting in the case of
J. T. ('ole, auctioneer, of Thorpe-le-Soken, Essex. His
balance-sheet showed a sum of 6371. due to creditors, with
assets of about 13111. His profits in about two years had
been 23t'. expenses and ItYI4CS, 393!.
Mr. Abell, for the assignees, complained of irregularities
and discrepancies in the accounts, and a short adjournment
was ordered.

INSOLVENT DEBTORS COURT.—YEsTERDAY.

• -
Serous Mt Coannantenza PHILLIPS.

IN THE MATTER OF WILLIAM BARRETT.
This insolvent, a law writer, applied to be discharged.
Mr. Commissioner Phillips expressed his surprise at the
schedule filed in this case. Nothing was owing to the insolvent,
and he only owed one debt, and that was on a bill of ex-
change accepted for the accommodation of another party.
It was elicited from the insolvent that he had accepted a
bill for 160/. for a Miss Cooper, who was a lodging-house
keeper at Brighton. Ile knew her funily, and was asked
to accommodate her with his name. The bill was in the
hands of a Dr. Shepherd, a Doctor of Divinity, and he was
arrested. The doctor had visited him in prison, and made
him a present of two sovereigns.
Mr. Commissioner Phillips thought it was a strange
CAW. Why did not the doctor let him out of prison?
The insolvent said the doctor regretted he was there, but
was fearful of the result from his wife if he let him out.

Mr. Commissioner Phillips said it was a comical case, and
ordered the insolvent to be discharged, with a caution
never again to accommodate any persun with his name.
IN TUE lATTEIt OF CITtiILE.4 FITZGERALD HIGGINS.
This insolvent, who hail been some time is prison, applied
to be dim..llllTged. Mr. 511U004.1 supported.
Mr. Commissioner Phillips mentioned that the chief clerk
of the court had received a letter from the Marquis of Sligo
respecting the interest the insolvent had under the will of
his grandfather. The learned couns.l had better read the
letter.
The latter was banded to the learned counsel.
. . .

It appeared that the insolvent had adopted several initial
names, and had executed a legal instrument in the name of
Charles Joseph Fitzgerald Harold Higgins. The word
" Hawed," he said was put in as a jest, because his lather
had won a race by a horse called Childe Harold.
Mr. Commissioner Phillips questioned him on the subject,
and asked if he was serious is saying that an attorney had
described him by such a name, a part of which he bad
adopted in a jest.
The insolvent stated that he was not himself when he
executed the deed. The attorney's name was Richardson
he was called young Richardson, and his father old Richard-
son. (A laugh.)
Mr. Commissioner Phillips said it would seem that the in-
solvent hail dropped one of his christkut names.
The insolvent stated that when he had an account at
Coutts's. lie signed his name "Fitzgerald Wiggins." He
did not like the trouble to sign his name in full.
Mr. Commissioner Phillips—Did not like the trouble to
sign your name ! Many would be glad to have an account
at Colitis's, and think it no trouble to sign their names at
length. Ile was sorry to see the lame amount of debts
owing by the insolvent, nearly 5,000/., about 8701. for
which ha had no consideration.

Mr. iirgoalivi;rrti:Wiiieaebts in the schedule. The