The Express.
London, England, 1860-06-28 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF BANKRUPTCY.
(Before Mr. Gornmissiesor Fans.)
IN as AMINO( ADOLPIUS JONSSON.
The bankrupt was a cammimico agent of BroadMirset.
This was the ...entitle: Me matting. Debts, 7509. ' • se amens.
Mr. Lawrence opposed far fir. Hardie, a neilitor. The
cam, bring one entirely without &meta, came within
the nal Lid down in the matter of Sellers,
by Mr. Oesmaiesioner Goulbura, and affirmed ea appeal by
tire Leeds Justice., whereby the certificate was refused, oe
the greyed that the proceedings had been taken cotlu.
steely for the beoelit ,p the banirupt, there being ao "meta
141).
whatever far distribution (1 Dejet and Jonas, part 3,
The Ceentidearmer--1 think in that case the bankrupt was
tot himself the petitioner.
4r. Lawrence said that was so ; but the court considered
that be had procured the petition to be pted for his
own purposes, thus evading the provision resen'
of the act.
Another oomplaint against this bankrupt was that be had
received 1,490/ on behalf of Mr. Hardie, of Manchester,
whose good.he had sold to a Mr. !('Cabe, but had
received the money without any authority. Bills
had been given for the goods by M'Calie, but the
bankrupt had applied to him and obtained the mosey be-
fore the hills arrived at maturity. Mr. Hardie sued on the
bills ; M `Cabe was let in to defend cm an affidavit of the
bankrupt that he had received the money as Mr. Hardie's
agent ; but bete', trial 1111.bitss submitted to terms, and
. yea primiesory sae for the amount. Supposing the
L.inkrupeli affidavit to be true, that he had acted as agent
1.4 Mr. Hardie in the matter, which Mr. Hardie
b00..1, he was still chargeable with a propr• rig mosey
a boll lie had re as trustee. Tim t was that Mr.
tfanlie was a loser by these traneadions of 2,0001.
Mr. Hanke was exaniined—liankrupt had acted as his
agei.t I n procuring ..n len far goods prior to August, 1&,,5, He
thin went to Bombay, after borrowing 5:01. from witness,
for which be gave a six months' bill drawn by himself on
M•C.,I.e. He returned in August, 1/450, and bought goods
.1 witness as agent for 'Mahe. Bankrupt was out the
.14..iit f..r wan...* in the matter ; he ceased to be so on
going to liondiay.
Mr. I locos, on behalf of the bankrupt, put in evidence a
bite written by Mr. Hardie in September last which went
to -.bow that the bankrupt was still acting aa kis agent.
The bankrupt being asked who was Mr. William Lloyd
.h.ne., surveyor, of 49, King-street, Camden-town, the
istitioning creditor, said be knew nothing of him, and hail
oily seen him since the bankruptcy. He never beard of
hint before the bankruptcy. He had never applied to
witaess for narnont of a hill of exchange for
70,. Did not know in resp of what debt he
had been made bankrupt. He nowect knew it waa for
Mr. Jones's debt ;he did not dispute the debt—he admitted
it. He was told on the 7th February that Jones "had
qrack the docket." Bankrupt had accepted the bill in
September last, but did not know that it was in Mr.
Jones's hands. Had once seen Jones while he was
in prison. Knew him because he was a "peen-
linr.looking fellow." (Laughter.) Did not know who
found the money to pniseelite this petition. Had
ewers that be had received 1.411.11. from 31 `Cabe, in satia-
tion of Mr. Hardie's bill. That was true. The money was paid
in cheques for 1,000/. and WY., fur which he gave eNia
He received it by the authority of Mr. Hardie, who
wanted to make an advance of 1,000/. to Milburn sad
White. He had introduced them to Mr. Heed*
and he supplied them I,eoo/. worth .if goode. The advance
of Lim& was not made, illiberal anal White absconding
I ktober last, and he returned the whole of the 1,4001. to
At this stags of the proceedings the hearing was ad-
journed for the attendance of M'Calie.
Mr. mervbant,of Broad•street•buililings, deposed
that he had given the bankrupt (bellies for 1;100/., but they
were not used, amid had not liven paid by witness. They
were returned to him in November last. Bankrupt had made
affidavit in Hardie's action against wane... that the mow
had leen paid by witness. The cheques were given to boomed
for Mr. Hardie, as an advance to Milburn and White.
That advance was never made, and the cheques were not
used. Meantime Mr. Hanlie hail sued him for the amount,
and bankrupt afterwards returned him the cheques, but
mit till after he had pleaded to Hardie's action. His
elicitor in that action was Mr. Lamb, of Gray's-inn. Had
told him that he had given cheques for the amount to the
bankrupt.
Mr. Lawrence submitted that the passing of the cheques
to the bankrupt was a mere trick to enable Mlabe to
defend the action, and set Mr. Hardie at defiance.
After hearing Mr. Cooper, who now appeared for the
bankrupt,
His Honour said that Mr. Hardie seemed to have sanc-
tioned the benkrupt's going to Bombay to open a trade
there, as he had advanced him Ma The enterprise had
failed of memos. The bankrupt having got into prison
at the suit of Mr. Hardie, who would wit make
him Isinknipt, ho had set about doing it himself.,
Mr. Mohr might, if he had chosen, have ap-
pointed himself assignee ; but he allowed the bankrupt to
have a prison cvicipaniun appointed to that office. ft was
only at the certificate meeting that Hr. Hardie had come
forward to have the matter investigated. Under these
circumstances the court had very insufficient meats of
jgdging of the bankrupt's conduct ; _but believing that be
was not a knave, and that he hail been long enough
in ',neon, the court would grant an immediate certificate of
the third clam, and release him from custody.

INSOLVENT DEBTORS COURT.