The Express.
London, England, 1861-09-17 00:00:00

IN R WIL.FiON.

The bankrupt. deseribed as an engineer and iron mer-
chant, of Cannon-street, City, applied for his certificate.
Debts, 770/. ; assets of trifling amount. The dealings of
the bankrupt had been of trifling amount, anal chiefly on
commission. The accounts were described by the official
assignee as unsatiafactory.
Mr. Dena opposed for the assignees, and for Mr. Webb, a
creditor for lie/. Two years ago the bankrupt was in a
deficiency of 1%71. ,• the whole estate had only realised 72/.,
so that there would not be a farthing for the creditors.
The bankrupt was exammed, and admitted that be bad
Ibsen meekest for the last two years. In November last he
had borrowed 11W. front a society called the London Ex-
change Advance Fund and Life Assurance Amociation,
depositing with them some " leather bands," of the value
of M., which he had purchased from Mr. Webb, a few
days before, on the representation that be had an order
for them from • Mr. Ponitis, of 17, Dukeatreet, Portland-
place. He had no written order from Bonitis, who was a
Spaniard, end was unable to write English. Ile received
the goods from Mr. Webb on the 7th or fith of November.
He borrowed the money in the mime of Graham Wilson, his
real name being " Within Gilmore Wilson." Mr. Webb's
vol., were sent in the same state as he received them to the
loan society ; but be swore that lie did not order them with
Use intent of raising money on them.
Mr. Pearce, the Looilon agent for Mr. Webb, deposed
that he Lod made inquiries for Mr. Boodle, and no such
person was to be found.
The bankrupt, in examination by Mr. Bagley, stated that
the goods were not delivered at the time promised, whereby
lie had been prevented from executing Bonitis's order.
Having the goods on bawl, he looked out for a place in
which to store them, and ultimately deposited them with
Gardner, the agent of the loan society. When he ordered
the goods he had not the slightest notion of becoming a
bankrupt. Ile did so at the instance of Mr. Webb.
Mr. Dais submitted that there had been groan misrepre-
mutation on the part of the bankrupt.
The Commissioner—What were the creditors about!
They must Lave walked about with their eyes abut, or they
'mild have made further inquiry about the bankrupt. It
ix the undue facility for obtaining credit which leads to so
many eases et this kind.
. .

amid he had known tho bankrupt before, and
believed him to be an honest man.

Mr. Doris contended, on the authority of Strong and
other cues before the Lords Justices, that the certificate
ought to be wholly refused.
Mr. Bagley. for the bankrupt, urged that his proceedings
had been perfectly book fide, the goods having been bought
for the purposes of his trade.
HIS Honour said the bankrupt was not new to misfortune.
He had compounded with his creditors in 11453, paying
Ns. 6d. in the pound. Two years ago ho way insolvent ; he
Dow owed 7764., and there was nothing for the creditors.
Mr. Webb was the only creditor who had thought it worth
while to prove ; and he alleged that he had been cheated
by the bankrupt. The court thought so too. The
case came under the third clause of the penal
section of the Bankrupt law Consolidation Act ; and the
211th section of the new act exactly met this kind of case,
as was clearly shown in Mr. Lewis. recently put-lished
book. This bankrupt had been struggling Oct for years;
latterly he had been merely acting as a conanission agent,
and ininiediately after purchasing Mr. Webb's good■ he had
taken them to one .if those places which were commonly
known as slaughterhouse*, and obtained an advance on
them, solely for the purpose of keeping himself going. The
court would not refuse the certificate wholly, but would
withhold the protection for 12 mouths, and suspend the
certificate fur the same period—when issued to be of the
third class. If a B.A. certificate were applied for, it would
be withheld for 2l days, to give the bankrupt the oppor-
tunity of appealing.