Northern Times.
Liverpool, Merseyside, England, 1859-01-22 00:00:00

LIVERPOOL COUNTY COURT.-YESTERDAY

of
cos'

CTS
BEFORE W. A. HULTON, ESQ., JUDGE.
ti.... 411.1 FOR PORTERAGE ON BULLION.—WALKER V.
poZARB AND Co.--The plaintiff in this case is a master
porte„--.) and brought this action to recover £1 13s 9d, for
of bzise, at the rate of 9d per package on 45 packages
last on! which arrived from New Orleans in November
00' Tuslgued to the defendants, Messrs. Barnard and
deg„L'ankers• Mr. Porshaw, who appeared for the
titie-44143, said they had received millions of silver
th, I Similar circumstances, but this was the first attempt
ciefell.,ad been made to charge them with porterage. The
baiiiiinualits always sent their own men down to receive the
414;11, andd-de-liver it into the carts: On the occasion in
on en' they e,y did so go down, but the plaintiff insisted
did men delivering the bullion. What the plaintiff
atfielotahantsefore, was done voluntarily—he was not bound
it but as he did perform some service, t
.e
tate vvere to- leave it to the Court to esti-

an-ir, valve. m—en—w.e-re—enga-ged a quarter of
the,.:,.11r in delivering the packages, and the work would
;I'''`)te have occupied one man only an hour and a
ellarterl,,ad he thought that 3s 6d would be a fair and
sad%°ll4ule charge for the work done. The plaintiff
1411 anY person loading off," except a licensed
a.4.1(P. Porter, was liable to a penalty of £6O,
therefore the men of the defendants could not
are •
that loaded off" this silver. Mr. For,haw replied
the o~rn pro defendants could send their own men for their
blast, y, because that would not be acting as
Would r- prt
porters. His Honour said, on that point, he
the give no opinion. - A master-porter had acted in
vali,Present instance, and the only question was as to the
packs„ eof the service rendered. The plaintiff said the
£lses Weighed about one cwt., and were worth about
a Q each, and he thought that, having had charge of
p eacriele ls so valuable, he was entitled to charge ninepence
the For the defence, it was contended that
Pac'elikatligeenis were only very small, the rate of charge on
he eh' wai fixed by book at sixpence. His Honour said
or,weuld, if the plaintiff desired it, adjourn the case, in
shoal
that he might be enabled to adduce evidence to
charge
that the packages were such as he was entitled to
be put
ninepence each upon. Plaintiff said, rather than
Bij_lit to any further expense, he would agree to accept
for per package. A verdict was accordingly taken
r4l2s c. 0

IIrERPOOL BANKRUPTCY COURT -YESTERDAY

BEFORE MR. COMMISSIONER PERRY.
14re ELSDON PRINGLE.—The bankrupt, late a ship-
ovi•n ,
hi. residing at Southport, came up on application for
certificate. Mr. .Deighton appeared as counsel for
i
`Lt bankrupt, and Mr. Conwav, barrister, on behalf of the
glieest and, also, for Messrs.' Kennington and Chap-
creditors, who had given notice of opposition. The
ofakrapt was examined at some length, for the purpose
01,,,showino. • that he had put Messrs. Kennington and
man ?o•an unnecessary expense by a vexatiousand
a:.‘“rolous defence to an action brought by them mime;
2,7telY before the bankruptcy, and which the bankrupt
nutted, but stated that he was ill at the time, and
teerd_
ceder the advice of his solicitor. The solicitor was af
the
tards examined, and. denied that he acted without
bankrupt's instructions. Mr. Conway then addressed the
m".._,°art in opposition to the allowance of the certificate,
••"‘a Urged, that the bankrupt having made a fraudulent
Preferee to his daughter, and frivolously defended an
aen tion, had brought himself within the censure of the
by the
Mr. Deighton combatted the objections raised
the learned counsel, and contended that the bankrupt's
%fortunes arose entirely through his illness, not being
able to look after his business ; and he was, therefore,
trather an object of commiseration. His Honour said he
eald refer to the proceedings, and deliver judgment on
allnay next.
re JOHN COLBECH.—The bankrupt, who was a
f!locer at Bebington, and also clerk of the parish church
tia'ere? came up for judgment on his application for a cer-
-"Cate. His Honour said : In this case, in which the
‘-alloWance of the bankrupt's certificate was in question,
,31„r• Jones appeared for the assignees, Mr. Martin for an
orik-4?sing creditor, Mr. Hirst, and Mr. Evans for the bank-
The solicitor for the assignees called the attention
tieLue '
Cot to two points—the large amount of
"ceedur ing £BOO, upon Which the bankrupt had re-
£lo only, and the fact of the bankrupt having taken
thena business which was in a failing state. Mr. Jones
Clhimself
left the matter to the consideration of the Court,
uself Pressing nothing against the bankrupt, whom
cornin
childre
ereditorn: ivi,erated on account of his family of five
r. Martin, appearing for Mr. Hirst,
.a
asked for the
has certainly been very hardly used,
appears or the total refusal of the certificate. It
With that the bankrupt, having contracted a debt
for air., Shepherd to the amount of £66 odd, and
in be was ultimately sued by Mr. Shepherd,
with the "Vlirsotf July last, commenced his dealings
bankni'm • , who resides at Leeds, while the
Gobh's place of business was at Bebington, close
rtseorP"l• lie had dealings also with a Mr.
g,°°(lB are' •to whom he always paid cash. The
°' a let supplied to the bankrupt in consequence
of the 14th of that month, and the extent
expire 011 appears to be a month ; therefore it would
raonti,. ?,T1 t,llO 14th August, or on the 21st of that
tomfron, arr: Hirst assented to the month dating
the delivery of the flour. In the postscript
the hat letter, the bankrupt says—" I will make
and 111PaeY payable at one of the banks in Leeds,
will
not a direct you
of payment, which promise was
rutperfortned: On the 9th of September, the bank-
lion end, °rses a bill for £43 10s. for the accommoda-
anoth °' bill party, and on the 13th he endorses
s er, bill of similar amouut. On the same 13th.
expree2,tambey, the bankrupt writes to Mr. Hirst,
payake%ag his regret that he had not made good his
the 8 in:),!aYs that lie was expecting some money from
but tt'4 _his property, that he had a lot for £450,
that ,a4.it was yet in the lawyer's hands, and suggesting
ceup4r. was
should- draw a bill upon him, which he
be abl:aBilY get cashed, and he (the bankrupt) would
ivalto meet it before it was due. The bill is accord-f
Y drawn, M. Hirst exercising all this amount of
on and it becomes due and is dishonoured
"fon the Bth of October. Now, the only foundation
thr any statement as to this money coming from
e sale of property was that i‘fr. Watts had
t°ofrered) according to the bankrupt's statement,
hait iv,. him £640 for some property in mortgage to a
had
Lag society for £550, of which property the bankrupt
ily acquired the entirety by an account between
i_hitaself and Mr. Firth ; but no contract had been entered
into' and no abstract of title delivered, and the money
it's the purchase was in a lawyer's hands, from whom
ankt not be got till November, the bankruptcy
Mr' First
on the 26th of the preceding month.
hHirst is of course, dissatisfied with the manner
which the bankrupt, has treated him, calls upon
211 after the Bth of Octber nd n arrangeent is
'Lade that the bankrupt sha'lla paya the debt,m which
amounts to £53 odd, by instalments, beginning by a
Payment of £2O. On the 18th of October, the bankrupt
'writes to Mr. Hirst telling him to call at, the telegraph
office in Leeds at one o'clock on the morrow (the 19th),
when he will remit the money at that time. This is
not done ; but the bankrupt says ho went to the telegraph
t%ce .and—found there that they could not remit the
koney to Leeds. Being, however, in Liverpool, with
money in his pocket, as he says, he said, in answer to a
question from the court, that he could not send a post-
office order, as the money-order office closed at three.
lie had forgotten that the time fixed for sending the
moneye
Money was one and not three o'clock, and he would pro-
bably have found that on application even after three at
the money-order office, lie might have remitted the
money. The bankrupt then
carries home this money,
and finds an applicant for it in the person of one who
had supplied him with tea, upon which. he was liable
for the duty_ nail he therefnre nnrc him the money

Which was intended foriii.iiirsut7 I —airee---;itiisirj.
Evans, that the bankrupt was under some obligation
to recoup this party the duty which he had paid. But
be it remembered, is on the 19th of October.
On the 20th he writes another letter to Mr. Hirst,
stating the fact of his having gone to Liverpool,
"thinking of sending him an order by telegraph,
stating , that he found they could not send to Leeds,
and promising to send it (the money) by the next
test without fail. The order is promised to be sent
°lll the bank on the 21st, so that he (Mr. Hirst)
Will be sure to get it by the next post. This closes
the 'series of letters, and it was followed by the bankrupt
presenting a petition of adjudication against
!umself on the 26th of October ; but this, it appears,
he did to stop an execution. I regret to find in this
ease a man sacrificing a character earned and received
from the rector of his parish as a parish clerk and
schoolmaster for a period of ten years by becoming
411 irregular and unfaithful tradesman ; but I do not
think a is a case calling for that extreme punishment
Which Was asked at the hands of the court by Mr.
Martin's client. Looking at the amount of liabilities for
thethe bankrupt has received no consideration, and at
h
want of good faith which has characterised the bank-
alotlyan'steeransactions with Mr. Hirst, I think that the
eighteen months
the certificate should be suspended for
r
bmonths, that pmiection should
b
11. months of that rod, and that the certificateerefused
should
Qf third tlass:

•
Most of the English journals were detained at the
faris Post Office till a very late hour on Saturday, in
`l3(3Bequence of their reports of Mr. Roebuck's speech at
„neffield, bat the authorities ultimately resolved to allow
'4,121 to be distributed,