The Express.
London, England, 1860-04-19 00:00:00

COURT OF PROBATE AND DIVORCE.

Aram 18.
(Before the Judge Ordinary.)
CHERRY JCLERI) t,. FIiII&IF:7B.IRUISTRAIPION.

Dr. Deane, 4.C., on behalf of the petitioner, who had
obtained a decree of restitution of his conjugal rights, and
a writ of attachment against his wife for neglecting to obey
the same, now moved for a writ of sequestration against the
effects of the respondent. Mrs. Cherry was possessed of
about 8,0001., which was in the hands of trade's, bet she
received the whole of the interest. The motion was made
under the Und section of the original Divorce Act, which
directed that the orders and decrees of the court should be
enforced in the same manner as the decrees and orders of
the Court of Chancery.
The Court—What do you suppose is to be done with
the money !
Dr. Deane—We do not apply. for it. Oar abject is to
prevent the respondent from receiving it, and not to put it
into our pockets.
The Court (having referred to the work of Daniels) said
the learned civilian was entitled to the decree, but he would
direct inquiries to be made as to the practice of the Court
of Chancery before the sequestratore were appointed. lie
(Sir C. Cresswell) did not at present exactly see how the
sequestrators were to execute their office when they were
appointed. .

In this ease, in which the wife bad obtained a decree of
judicial Reparation on the ground of adultery, the sum of
a year wan allotted as permanent alimony.

MATIBOX WATISON.

Dr. Wambey moved fora writ of attachment against the
healand for non-payment of 84/. 164., the amount of the
wife's costs. . .

The respondent appeared in person, and said that his
wife had completely ruined him by bringing him before the
court. It had led to hie being made an insolvent.
The Court could not help that. Many people who were
brought before that court were ruined by it ; but he
hoped that no one against whom • decree had been made
had been brought there except by his own misconduct.
The respondent must take the consequences.
no...ttitehment was therefore directed to issue.

COURT OF BANKRUPTCY.—Anut. 18.
(Before Yr. Commissioner nabLogue.)
His Honour eat this morning for the first time since his
severe and protracted illness. He is still very feeble ; and
ia order to avoid the inconvenience of his going upstaini, it
was srranged that the principal cases should be heard in the
Chief Registrar's room.

In II TRANCIN AXD FREER.
The bankrupt. were bottled beer merchnnta, of Great St.
Helen's. This was the certificate meeting. The accounts
have already appeared in detail. The total liabilities are
14,000/. ; assets about 1,0001.
Mr. Linklater (ustructed by Messrs. Dimmock and
Barbey) appeared for the assignees (Mr. 0. L. Stevens, of
the arm of -Alleopp and CO. ; and Mr. Thomas Scott, of the
Ayres Quay' Bottle Company). Mr. Lawrence appeared
for the bankrupt..
Mr. Linklater saki the assignee. felt it their duty to op.
pose the granting of the certificate. The bankruptcy bad
marred in Nov., 1858; but the bankrupts, owing to their
own neglect to keep proper boots, had not passed their
examination till December bait. They had commenoedbusinese
in partnership in July, 1856, both having previously been en-
mod in trade, with a Point capital, as they represented, of
1,198/. This soon vanished. In May, 11458, the bankrupts
had entered into an arrangement with Todd and Co., of
Newcastle, for a supply of bottles, agreeing to accept for
10a. per grow on the bottles seat, and to pay the carriage.
This turned out to be an uoprolitable contract ; Todd and
Co. overdrew ; and in Dec., 1858, they had done so to a eon-
rideable extent. Afterwards it was arranged that Cargill
and Co., of Newcastle, should draw on the bankrupt
instead of Todd and Co., sad they were liable on those drafts,
in August, 1867, tothe amount of 4,0001. Then Cargill and Co.
faded, their estate paying only se. in the pound. The Lank-
rupts went on, taking up all ll's bills on which they
were liable. The dealings with Todd and Co. continued,
the bankrupts always representing them as debtors. Francis
in his examination admitted that they had allowed Todd
and Co. to overdraw, as an accommodation to them, and
that in accepting for 10e. a gross, they had not allowed suf-
ficient for breakage. They had rendered an account to
Todd and Co. of all bottles received up to 31st Oct., 1857,
showing Todd and CO. to be debtors 8111. At the earn*
time the bankrupts were under acceptance to Todd and Co.
for about 5,0001. Nearly all the stook in hand at that time,
about 1,0001. worth, had been pledged with Hicks and
Gadsden, who hail discounted Todd and Co.'s drafts. At
the date of the failure, the bankrupts were liable for 5,0001.
or 8,0001. on those drafts ; some were paid by Hicks and
Gadsden (who had also failed), and they now figured
as creditors for upwards of 9,0001. From time to
time the bankrupts had pledged other goods be.
sides Todd 'and Co.'s bottles, with Hicks and Geddes.
The bankrupts admitted that the bills drawn by Cargill
and Co., with whom they bad no business tmroactione,
wore merely so drawn because Todd and Co. could not
readily get ,discount for their own drafts. Still, with this
warning as to the position of Todd and Co. at the end of
1858, the bankrupts had allowed them to go on over-
drawing. In the two last months of 1867 the bankrupts
had paid off liabilities on Cargill's and Todd's bill to the
amount of 3,0001., although they were then in advance
above 5,0001., and knew that Todd and Co. were partially
kaolvent. Notwithstanding this they had gone on accept-
ing to the further extent of 4,000 f. or 5,0001. Todd and
Cee, it seemed, had for a long time. premed for a statement
of account, but without being able to obtain it. When
T' di failed, In liereh, 1850, the liabilities were 80,000/.,
with no estate whatever. This threw all the liahihties on the
bills upon the bankrupts ; still they went on for 7or 8 months
loager. During their whole trading their profits had been
1,713/, ; while the trade espouses, and intend and discount,
amounted to 4,004/., and beyond that they had drawn out
8,4001., which had come entirely out of the pockets of their
creditors. The losses in tad* were no lees than 7,3001., of
erkkt 1,543/. was in respect of the bad debt of Todd and
Ca They bad also lost 5,4801. on consignments of thevalue
of MOW. From March, 1858, it was a mere question of
times when the bankrupts should stop ; and from that time
to the stoppage they were merely robbing one set of cre-
ditors to Jay others, even if they had nut increased their
bandies. They now emus to the court, owing 14,0001. ;
and the whole amount received had been 1,2771., on which
there RIM a claim by Messrs. Salt and Co. for 852/. This
desire Dail been resisted by the assignees, but mistimes-