The Express.
London, England, 1851-04-21 00:00:00

Gain inteittaence.
COURT OF B.INKRUPTCII.—SATrni).tY.
00 r".. G.CL•tuN.
IN or TnaNSACTiONs.
This was the trot meeting for the proof of debts and
choice of assignees in the case of NV. Robinson, described as
• corn-factor, of Trinity-sq,uare, who had also dealt in bills
to a considerable extent. fhe bankrupt came up in cus-
s. tody from the Queen's Prison, and applied for his discharge.
His liabilities are estimated at between 8,000/. and 10,000/. ;
the assets are dependent on the result of steps which may
be taken by the assignees to recover the mortgaged
property.
N r. Linklater, who
Mirappeare for creditors, objected to a
proof for 3301. tendered by . Abrahams on a bill of ex-
change, acceptCd by the bankrupt, which he had discounted
for Mr. Jones, of Quality-court.
The bankrupt deposed that the bill hail been given as a
collateral security, along with a mortgage on some land at
llammeronith, which he assigned to Mr. Benjamin.
Mr. Jones stated that he received the bill from Mr.
Benjamin, merchant, of Broad-street, in November last,
for the purpose of being discounted. Mr. Abrahams, the
holder, who was in the habit of making hint advances,
discounted it in chisclues for 2001. and 130/. Witness
prepared the assignment of the mortgage to Mr. Benjamin.
lie had had several transactions with the bankrupt. Ben-
jamin was a man of property. The bill in question was
dated in November. Had had large discounting transac-
tions with Benjamin, who had considerable capital to in-
vest. Robinson accepted the bill at his office. Did not be-
lieve he was in gaol at the time that Abrahams discounted
the bill. There were several hills to which he and the
bankrupt had been parties. Of these, perhaps, 21) were
unpaid. representing between 2,0001. and 3,0001. Benjamin
and he heldsome of these.Mr.Braham had three, amounting
to 431 W. Hail got one security from the bankrupt since he
I went to prison. It was on the 20th of February. It was LI
further charge on some property in Boswell-street, for 93e1!.
The bankrupt executed it in gaol. No money passed at
that time ; hut an account was stated, showing that witness
held la Is. 7d. of the bankrupt's which he afterwards
handed over to Mr. Wallis. Ile had anvanced bankrupt
WO/. on bills which had been dishonoured; and it was to
secure this amount that the mortgage had been given.
Mr. Linklater asked for an adjournment of the proof, in
order that the assignees might bare an opportunity of in-
se...binding these very extraordinary transactions, by which
Mr. Jones had obtained a charge on property worth 900/.,
without any consideration passing at the time. By means
of himself and his friends Mr. Junes represente;el debts
amounting to 3,0001.
The Commis.. sr said that without meaning to east im-
putations on any OUP, he must observe that there were a
gnat many circumstances in the case which required to
he more fully investigattsl Mime he admitted the proof.
Sapp sing all the facts agreed to, this important question
would arise, whether a party might;
lend money to a trader,
and gist from him almost the whole of his available estate
as ees, then get bills o f exchange fur the same ad
and, passing them to what were called innocent
holders, without any nuttier. to the party, enable them to
come and prove for the whole amount, and thus get the
whole estate into their hands. It would also raise the
question, whether parties receiving bills were to stand in a
latter position than those from whom they took them.
At the time of this transaction the bankrupt was in ',Timm,
and on the very threshold of this court. Ile would not
reject the proof till he had inquired more fully into the
Luta ; hut the cirtumstanct•s us at present elistimeml left
his mind in so much doubt that he could not admit it. Be-
sides, the bil V. W. not yet due.
Mr. Ililleary, 0,, the part Of the bankrupt, renewed the
application for his elrecharge from custody.
Nit.. C. Sidney opposed, ton the ground biliere urged, the
alsernet of proof that the bankrupt was not in custody for
any of the causer stated in the act fur which protection is
nut to be granted.
His Rowar was inclined to think that the onus of this
proof lay on this opposing creditor, but postponed his deci-
sion till Wig, intimating that he would then dis-
charge the bankrupt on a bond being entered iuto and cer-
tain :ettielavits made.
The following gentlemen were chosen trade aesignces
ch.,
and consented to act: Mr. Culebolel, gentleman, of Ipswi
brother to Mr. Coletmlel the member for that place, and
Mr. Wilkinson, timber merchant, of Shortalitch. Messrs.
Linklater are the stadiums to the moil/neer, and Messrs.
handing and l'ullein are engaged in the preparation of the