Northern Times.
Liverpool, Merseyside, England, 1859-01-12 00:00:00

MANCHESTER BANKRUPTCY COURT

RECKLESS TRADING. —Re JOHN WRIGHT AND SAM
STRINGER, `POLLEN CLOTH MERCHANTS

LoNam(

AND MANCHESTER.— The learned Commissioner deliv
his judgment, on a previous application for certific
lie said that the -application had ._bccn opposed

necessary that
on which the opposition wa
been for many years, and still is, a solicit-
in Stockport ; whilst Wright had .beet.
time past carrying on the trade of a w

.telv the ev

grounded.

merchant and woollen waste dealer, under
" Wright and C 0.," his principal businerid
breaking up heald into wool. For tliib
- -

.• yttip
vented a peculiar method, by which he could I
article 'at less cost, and to profit, than
the same business. In May, 1857,Wright pan
entered into an arrangement for earryinz.Oii- th
conjointly and for their mutual advantage. Ti
and were made bankrupts in SepteMber
endeavoured to avoid an adjudication of banith
its consequent effects, by asserting that he nevei
to be a partner, but
.(mly a guarantee and, bauk
probably was his original intention, but it ,was
his mind that he was induced very soon ,

another character, to put himself for Ward ax:if 11
partner, and to employ an accredited agent of t

commissioner here observed t

partnership in trade, it was n

should besan actual 'deed or con

PtCY, a

nor that a person should openly avow :hini'ielf t
partner. If_ he did acts, no matter of what kind

ieve that he was a p
If he (

cient to induce others to be,_
he would be chargeable as such.
with others into a community of profits he
a partner ; and although he might have reed
companions not to be responsible to strange, h
- be liable to them, upon the princi.

nevertheless,

by taking a part of the profits, he too& .
a part of that fund which was the proper new...
for the payment of their debts; and it was upon _
ground that a dormant partner was held responsible for
the engagements of the firm. Stringer must therefore 1?
held to be a partner in the concern of "Wright and Co_
The business was first carried on at Ludwortb
Derbyshire, and afterwards at Longgigh4- a
foul' engines were employed, and where . g
had expended about £6OO in machinery and r r
After the lapse of a year, -

place in the mode of eonductt,..„
introducing to Stringer a coal dealer
Thomas Marshall, who having stated ..:th
been in the woollen trade in Yorkshire, —wa
by Stringer to ' act for the firm as the
a commission of 2f per cent. - After this,
was taken at Holmfirth, to facilitate: the
Marshall said he could make in Yorkshire,
commencend the transactions which brought the bankrur
into the position in which they now- are. Accorx
Wright!s statement, Marshall
.persuaded 14-

nouih of July, to take

•
oods in rettir

•
instead of money payments, aid also 1
Huddersfield market as burs. In con,
a warehouse was taken in Manchester,

i warehoun

were to be sold ; and goods were obtained to
able amount in the whole, from several spin
manufacturers, whose debts being still unpaid,
them now opposed the application. The charge
Stringer were that he gave himself oat as a
capital and property, and contracted debts a
when he had no command of money, and no f
of meeting his engagements ; that. directed
to go into the Huddersfield market with cheques to
the amount of £3OO, and purchase with them £l,OOl/
worth of goods ; and that those cheques were afterwar
dishonoured, Stringer knowing that his bankers would
honour him ; and that he ordered and
previous to his bankruptcy, knowing thathe was a.
and not able to pay for them. These charges, and ,
cularly the most serious one, were mainly supported
the testimony of Marshall, who had evidently an unfrietu,
feeling towards Stringer. Marshall stated the circumstant
of buying the goods with the- n'Mrles that were dis-
honoured, and further alleged that'll°, told Mr. Holmes
(a creditor), on the authority of Stringer, that the con—
cern was one of great magnitude; but Stringer denied
the whole statement, declaring that no, :cheque given by
him on the bank was ever dishonoured, excepting one for
£3O, three or four days before thebaukruptcy, and another
on the same day on his private account., It was in favour
of the bankrupt that the evidence of Marshall had not
been corroborated, and that after the dates of these alleged
transactions several cheques and bills were drawn upon
the bankers, and paid in due course. Stringer also
making the representation as to the 'nage
the concern; and he (the Commissioner)
opinion that this particular charge
,must fall to
ground. But with respect to the others, it was sus
ciently proved that Stringer entered into the trading
concern without any knowledge of the. business he had
.
undertaken, and for the mere purpose of speculation ism
schemes unconnected with his proper and legitimxtim
calling ; that he had no sufficient capital to ju'
undertaking ; and that he continued to purchase
without any reasonable object, long after he ought to have
stopped. With regard to Wright, though there was. hal
slight opposition, the Commissioner could not see much
distinction in his case. He was always a trader, anti
aware of his responsibilities ; he originated the
scheme of partnership ; was privy to all that
passed ; introduced Marshall to Stringer, mut
continued buying goods till executions came in and the
property became reduced in value-byforced sales. AA,
however, the creditors had thoaght Wright's condud
more excusable than his partner's, he (the commissioner)
would yield to their wishes. He would grant a certificat
to each bankrupt ; but Stringer's would be suspend'
for six months, with protection in the meantime, a
would then be of the third class, because he conside
that a solicitor was not justified in entering into a tra
concern of this kind whilst he continued a prat,
member of the profession, and that; his losses i•
respect could not be deemed unavoidable. lie
suspend Wright's certificate for three months, wi
tection, and then it would be one of -the second

tamed

sir mean
Marsh*

was al

,stifv 6

THE LATE SHEEP POISONING UA.S.,
that Mr. Black, of Burton, who, it will b
snstained the loss of nearly 700 shoe-
they being poisoned, as is alleged, by a she,,
entered the case at law, and a writ has been serven. -
Mr. Elliot, chemist, of this town, who supplied the diA
claiming damages for the loss. The case will come on
in the civil court at next Newcastle assizes. Eminent
counsel have been retained on both sides, and the eau
seems likely, to lead to protracted litigation.—Berwie.k
Warder.

p Augtt

SUDDEN DEATH. IN THE ADELPHI THEATRE.-01
Monday, information was forwarded to Mr. Bedfori.
coroner, for Westminster, of the sudden death of Mrs
headppsaurdednetlnylv fit
dlrl,T
Ann Silver, aged 73, which took place on Saturday nigh'
in the pit of the Adolph Theatre, where she had gonc
witness the pantomime, in which one of her grr
idoayuigulgi tetrhse
was
mirthful enscenege While
herlr ea
and she fell forward insensible.

_Jo —ae was prompt
removed to Charing`Cross Hospital, -but on her arrivd
there life was found to be extinct.' The cause of death
is stated to have been disease of the heart, under whicli
she was known to have long laboured.

TESTIMONIAL TO SIR. JOHN PAXINOTON. —TI
ington testimonial has, we believe, atlength b
on. The sum already subscribed by the m
gentry of the county and city of Worcester
Lthoerdlttogfhtth e
non. Sir John S. Poking,
their appreciation of the public and private character ad
'Admiralty, and the of
of the county, amounts now to between SOS
and .E7OO. The committee appointed to decide upenc.
teosoti,mßaabrlet.q, uthaelitFietnotf
the form of a testimonial, have agreed on, as being- mod,
appropriate, a superb and costly shield, of the diameter
of about forty inches, on which will be represented.
symbolically, the chief features connected with the
respected baronet's career from—his boyhood to
.tke
attainmeni of his present proud position. fhe execrthos.
of this work of art has been entrusted to a local firm of
celebrity. When completed it will be presented to Sir
John at a dinner of the subscribers, to be holden at
Worcester, about the middle or end of spring. - Bs..-
mingltam Journal.

a mark oil

A MASSACRE BY SLAV BS.—The Bainbridge (G 4
Argus of the 10th instant gives the following details dr
an attempted massacre of a whole family :—Abont nine
o'clock on Sunday night, the 6th instant, two negro
men—one the property of Mr. Perkins, the other d
Mrs. Beaton—entered the house of Mrs. Margaret
Sadler, about twelve miles north-east of Bainbridge, by
breaking down the door, and commenced an attack os
Mrs. Sadler's oldest daughter, aged about 18 years,
cutting her on the arm and breast, and bruising her
head, but not wounding her mortally. One of them next
seized a gun from the rack and attempted to discharge it
at Mrs. Sadler, but finding it empty, commenced beating
her over the head with it, bending the barrel and breaking
off the breeching, so severe were the blows. They alas
beat her with boards, which they had torn from the door,
and cut her dreadfully with knives. She • survived only
about two hours. The second oldest daughter made mood
her escape, but two other children were badly cutbani
bruised—one of them, a boy, is terribly mangled, and
cannot possibly live. The other is an infant, only three
years old, which will prboably recover.