The British Press; or, Morning Literary Advertiser.
London, England, 1822-04-04 00:00:00

, :

. i• •

tar* trillai2Obtiti.

4ICE-CHWPICELLOIrI hLT, imisagoia.so4
Itirtass#46 rani.
•
Se-parte 4stLlPtlt IMiirlrarrsa or wit. word
•ID •N ma rawesionOt wan. naalratlPTs.
Mr. Honks stated 'that Chia was the petitiou cf
the Nev. Julio Gilpin, Med'on the part of himself
and the other creditors of the bankrupts, who hail
carried on 'the business of hankers and win;hpahl
drapery, at Stockton, in the comity Of Durham,
previous to the month of Geuther. 1816, in a lisc:i
month a commission of bankruptcy issued ,agsruit
them, The petition t. rayed that the proof of a debt
Made by Win. Braithwaite, one of the assiguers Pt*
the bankrupts smiler the commissiou, might hp
eaputiged ; that he might be ordered to refund
dividends he hail received in respect of the proof;
and that he might be retained from being smoky.
It appeared from the allegatious of the pettunii,
and the affidavit in support of it made by William
Smith, the bankrupt, that Braithwaite, who carried
en the business of r wholesale grocer at Stockier:,
under the firm of Braithwaite and Co., aid:meet'
he had oo partner, had kept an account with the
bankrupts as bankers, and in the month of May,
.1815. Braithwaite applied to the bankrupt, Wm.
Smith, to discount certain bills of exchange to the
=moot of 3,5641. Os. 2d. which lie declined. stating
Alan it was a description of paper he did out take,
Mt observed to Braithwaite that he might get
them discounted by Metiers. Goodchild and Jack-
*M, bankers at Sunderland; that lie, the bank-
tam, did not like to take any more of Goodchild's
yelper, and would not be answerable for their WI.,
bat if he, Braitlrwaite, chose to take the risk upon
himself, they would getan azttange of bills from
Goodchild, which he treated ta, and requested
that the bi'ls from Goodebild should be made pay-
able in London; the bills tendered by Braithwaite
were accepted by himself, and drown on him by
as aging of his. The bankrupt accordingly trans-
mitted Beaithwaite's bills to Goodchdd and Jack-
*an% benking-house at Sunderland, and they trans-
mitted back two bills on their agents in Louder,.
Messrs. Jackson and Co. (who wesa in fact a part of
the Sunderland bank) far the sums of 1,3941. and
1,9701. Os. 2d. the precise amount of Braithwaite's
bills. Braithwaite was desirous that his name
should not appear in the transaction. as be did not
wish it should come to the knowledge of his clerks,
and requested that the bankrupt would endorse
them, and obtain him credit fax the amount at the
banking-house of Sir Charles Price and Co. which
he accordingly did. The bills lodged by Braith-
waite with the bankrupt, W. Smith. were honoured,
but the house of Goudchild stopped payment be-
fore their bills became due, credit having been
given to Braithwaite in the books riche baukrupts,
for the amount of the bills ; Smith called on him
to take them up, which he did by other bills, said
Goodchild's bills with the endorsement of Sankt)
were handed over to hint ; it also appeared that
Braithwaite, wage time before the commission was
issued against the bankrupts, had closed his at-
count with them as bankers, and a balance was
struck, and no mention made of the bills in
question, at the same titne he changed his banker.
Braithwaite proved Goodchild's bills against the
estate of the bankrupts under the commission.
and he and Sir Charles Price were elected
assignees, but the latter never acted. The Learn-
ed Counsel observed, that it was impassible
from these facts that Braithwaite could have any
debt against the estate, and they were fully made
oat by the books of the bankrupts. Under those
circumstances he had no doubt bat his Honour
would grant the prayer of the petition.
Mr. MONT•444/8 fiiii•tred On the Mane side, and
observed, that the interest book of the bankrupt*
was in the possession of Braithwaite, as assignee for
Sir Charles Price, who never had acted in that
situation, and he did not produce it, although
was swam by the accountant that settled the ac-
counts that he saw it amongst the books of the
bankrupts, and that book he was convinced would
thew at once that Braithwaite had nu debt, although
the books had been in his possession as mitigate
forsia years.

...

Mr. BELL, Counsel for alt"Araithwaite, con-
tended that this sins the petition of the bankrupt.
William Smith, and not that of Gilpin, who was
only a creditor to the astrount of 9111. wbi.li acipears.
ed by William Smith having been present before
the Commissioners when the debt was proved, and
he did not object to it. It was too much, after six
years hod elapsed, to say there watts uo debts
Braithwaite had sworn that Goodchild's bills were
given up to him by the bookie's', William Smith,
as a security for money he had advanced to tutu at
that time.
The VicX-ClecticELLox—" It appears that the
bankrupts paid bosh arts of bill.; bow can Brants.
waite claim Goodchild's balls to be Ins property
Mr. Btu, said, when the debt was proved before
the Commissioners, the bankrupt assented, and did
net make the present statement until after the dealls
of his chief cloak.
Mr. Hoots —" It is sworn that when Uritith-
waite was informed by the bankrupt, Wm. Smith.
that he would hare to pay Goudcbild's bills, lie did
not object, but wished the transaction should be
kept from the knowledge of his clerks."
The V.CE-CHANCLI.I.OII desired that the backs
rapist' books should be handed up to him. Altar
looking over them, he said it was as clear as the sun
at neon day that Goodchild's bills could Lot be that
property of Braithwaite, for they were pant nut of
the bunker's cash, and in a fpw days lie mitt, word.
reimbursed them by other bills.
Mr. Rosa, Counsel with Mr. BILL, mid, if the
case as made out by the bankrupt, WdGam Swan,
was correct, it sus singular that he should have
allowed the proof of Braithwaite's debt before the
Comunrarmiera.
The Vlci-CHANCILLoIt.•••44 It is net sn siligua
her as your conduct, who claim 3,400/. awl stoke a
balance with the baukrupta without raying a wood
about it. Smith swears that he refused tort the
bills discounted for hint, slid told hint If he got
them exchanged for Goodchild's bills, it must be
at his (Braithwaite's) risk. Certainly Brant).
waite swears the contrary, and it is oath against
oath, but the trausuctsous mai the aecessurs in,
the books bear math, amnion' of•thisithi but it.
!dues tint that of she other. It is not probable that
ilthose wlio were nut to be benefited by Melratio..
action should ruu the rusk, for • mete exthanie of