Northern Times.
Liverpool, Merseyside, England, 1857-07-07 00:00:00

COURT OF COMMON PLEAS, WESTMINSTIR, JULY 4

WORE MR. JUSTICE CRESSWELL AND MR, JUSTICE WILLIAMS.
GRAJIAM AND OTHERS (ASSIGNEES OF HAMMOND, A BANK-
'ern) v. HUTCHINSON AND ANOTHER.—The bankrupt
Hammond, previous to his bankruptcy, was a merchant in
London, and agent to Osborne, Syne, and Co., of New
York. The defendants were merchants at Liverpool. The
action was brought for the amount of some acceptances by
the bankrupt, commission•, and interest. Pleas never
indebted, and payment into court of an amcunt to cover
the commissions. The cause was tried before Mr. Justice
Wilke, when a verdict was found for the plaintiff, subject
to a special case for the opinion of the court. The facts
were that the defendants, who had consigned goods to
Osborne, Syme, and Co., in New York, through the
bankrupt Hammond, had drawn for two-thirds of the
amount of the consignments on the bankrupt, who had
accepted the draughts, and duly paid them at maturity.
He had received cover for a portion of them from Osborne,
Syme, and Co., but that firm became ultimately bankrupt
in America with sufficient funds arising from the de-
fendants' consignments in their hands to meet the
plaintiffs' claim. The plaintiff's, however, sought in this
action to recover the amount of the uncovered acceptances
of Hammond, with commission and interest, from the
defendants. The substantial question was whether the
defendants should be in the same position as if the bills
had been drawn upon Osborne, Syme, and Co., in which
case thole would be no valid cla:m under the circumstances
against the defendante. There was no specific agreement
between the parties, but the nnderstandiug on which they
were dealir g was to be infer:od from a long correspondence.
The letters of the 10th of June tended to show that the
bankrupt was to look to the proceeds of the goods, and not
to the defendants. Lae, Justice Cresswell here read
several other letters written by the parties, and con-
tinued Up to this time we have come to the conclusion
that bills drawn by the defendants should be accepted by
the bankrupt on the same footing as if accepted by
Osborne, Syme, and Co. Upon subsequent letters, com-
mencing 30. h of June, it was contended that a change in
the course of dealing Was adopted, but we think that the
only alteration was in the mode of keeping the accounts.
On the count, therefore, for money paid for the use of the
bankrupt our judgment is for the defendants. As to the
commission that hes been paid into court. The only
question that remains is as to the interest, and this rests
on the same ground as the principal. Our decision,
therefore, is altogether in favour of the defendants.
Judgment for the defendants.

EQUITY COURT.-JULY 3.

BEFORE THE LORDS JUSTICES OF APPEAL,

EX parse STICPANOFF, in re STXPANOFF.—Tbis was a
petition of the bankrupt, praying the alteration of a
decision of Me. Commissioner Stevenson, of the Liverpool
District C,urt, by which he had suspended the certifiease
for twelve calendar months, without protection, and then
to be of the second class. .

Mr. Cairns and Mr. Bardswell, instructed by Messrs
Littledale and Barcliweli, supported the appeal, stating that
the barkrnpt applied to the Bank of Leyland and Co. for
assistance to carry on his business as commission agent,
which they agreed to upon the terms that the bankrupt
should not speculate upon his own account, but confine
himself to the commission business ; should not give long
credit ; should pay advances at short dates of a week or a
fortnight, or in bills of his own, or of god foreign houses.
Advances were made, but on the Bth of February, 1836,
the bankers stopped their supply, on the ground, as tt•ey
alleged, that short payments were not made, and that the
balance had grown too large. This reason the bankrupt
denied to be true, and alleged that the bankers had refused
the good bills he tendered ; ad, further, that by reason of
the stoppage of the supplies he lost large sums for
commission. The bankers required that the bankrupt's
books should be submitted to a Mr. Banner an
accountant who. upon inquiiy, reported that the bankrupt
had entitled himself to a profit of about £1,900 in the
shape of brokerage commission on the purchase of tallow,
whereas it afterwards appeared that the tallow transaction
was a joint speculation of his own, with Messrs. Sybrandt
and Nevins, and resulted in a lo.s, on the bankrupts share
of £3,500.
The bankrupt alleged that ho considered himself to be at
liberty to speculate, as he thought the agreement was at
an end by reason of the bank departing from their engage-
ment. It was true that in the books the transaction of
tallow was represented as a commission matter, and not as
it really existed -- namely, a joint adventure of the bankrupt
and another firm. The commissioner felt himself bound
to pronounce the decision he did, as the case came within
the penal clauses of the Bankrupt Law Consolidation
Act.

Lord Justice Knight Bruce: The Commissioner seems
to have considered that the entries in the becks regarding
the tallow transaction were wrong, and made for the pur-
pose of concealment and fraud. True, the bankrupt has
stated his contri•ion, and so far it is creditable to him ;
but the fact is, one of those which this court has always
thought it proper to visit with severity, like every other
deviation from the truth.
Mr. Bacon, and Mr. Bagley, instructed by Messrs.
Evans and Son, who appeared to oppose the petition,,were
not called upon.
Lord Justice Knight Brine : If I had thought it neces-
sary to decide in this case the question whether the bank-
rupt, by his conduct, hal brought himself within the
provisions of the 256 h section of the Bankrupt Act, I
should have wished to hear the respondent's counsel, who
perhaps might have removed—and, considering the judg-
ment which has been given, probably would have removed
—the doubt that at present hangs about my mind on that
subject—a doubt, however, not of much weight, because I
have not heard the arguments of the opposing counsel.
Whatever be the nature of the case with respect to the
256th section, there is a fact, patent upon the evidence,
patent to the learned commissioner, and to which he
expressly refers, with which the bankrupt's leading counsel
has dealt in a manner like himself, and in a manner also
the best calculated to serve the bank-upt, if the bankrupt
could be served upon the point. It appears that the Bank,
which was a creditor to a considerable amount, being very
much dissatisfied (and it seems probably with justice
dissatisfied) as to the bankrupt's conduct towards the bank,
insisted upon the bankrupt's books being submitted to the
inspection of an accountant appointed by the bank. The
bankrupt gave way and submitted. While that inspection
was goirg on as to a particular portion. not a very inconsi-
derable one, of the bankrupt's transactions in the books,
the bankrupt, for reasons—perhaps reasons which, however
ineffectual, may have given some palliation of his
conduct—for reasons which, of course, could not be
sufficient, because they ended in untruths —for these
reasons, whatso ver their nature, whatsoever their character,
he gave way to the temptation of making a direct misre-
presentation of fact to the creditor's agent examining his
books, as to a particular portion of his accounts. It is impos-
Bible that that can be overlooked. If we were to authorise
or render excusable the suggestion that such a matter is
to be treated lightly, it would be imp asible that we could
justify that conduct to ourselves. It is possible ; Ido not
say certain—l hardly say probable, that, if a less severe
sentence had been passed by the commissioners. we might
have thought it severe enough; bat the sentence being as
it is, not going beyond suspension of the certificate for a
twelvemonth, from a day in the month of May last,
without protection in the meantime, and the certificate
then to be of a second clsss—l dare not, far the sake of
the interests Of society, meddle ; nor do I think that the
private rights of the bankrupt, or the demands of private
justice, render it incumbent on us, in this instance. so far
to depart from the rights of society. I believe that both
by public and by private Justice it is demanded of us to
adhere to the present sentence.
Lord Justice Turner : I assume this case not to be within
the 256th sec ion of the Bankrupt Act; but I deem it of
the very utmost importance to secure in all these cases of
bankruptcy the most strict adherence to truth; and there
being in this cue palpable, and indeed admitted misrepre-
sentation, I cannot feel myself justified in mitigating the
severity of this sentence. The excuse made is that the
disclosure could not have been mate without involving
other parties. I see no foundation for that. It is quite
plain that it might have been represented to the Bank
what the nature of the transaction had been, without the
names of Ihe parties engaged ,n it having been disclosed.
I am, therefore, of opinion that this petition must be
dismissed, with Cote, so far as the same can be covered
by the deposit.
_

LIVERPOOL aiiiKaUPTCY COURT.-YZSTREDAY

BEFORE MR. COMMISSIONFE PERRY.

In re W. S. LAunt F.--The bankrupt. merchant, of Liver-
pool, applied this day for his certificate. His Honour
granted an immediate certificate of the second class.
In re TilO3lA3 EvANs.—A like certificate was granted in
this case.
in re Thomas LiWRIMION.—The bankrupt's last ex-
amination was adjourned :o the 15th inst. for amendment
of the balance-sheet. Mr. Evans appeared for the
assignees.
_

CASH AND REED Itores.--The next important thing to the posses-
sion or r ash is, how (when you have got it) to keep it safely, either in
the counting-horse or at home. The same remarks apply to deeds
and other valuable documents. We have seen a large and varied
stock of both these di sirable articles, manufactured ex,,,ressty for Mr.
E. T. Hail, of South John-street, that challenge attention. Thee
boxes are made on new and admired principles, and pow, patent
locos, which defy the ingenuity of any "pick-lock" in the world to
open, except with the legitimate key. To merchants, solicitors, and
others, these new safes, on a small :cafe, tenet prove valuable ndeed
—Norther?' Daily Tones, 2131 Nall, 1867.

POLICE COURT.-TRSTIRDAY.

LIVERPOOL.
BEFORE I,IR. MAN-SFIELD.
DasurrrNo Cintnexx.—Arthur Milky, alias Riley, was
brought up by Mr. Hughes, charged with having deserted
his step children, and leaving them chargeable to the parish
to the amount of £B2. Mr John Yates appeared for the
prisoner. It appeared that Eve years ago, the prisoner
and his wife—the latter being the mother of the children
by a former husband—deserted the children ; one of which
was educated for four years, and then sent out to service ;
the others remained in the house up to the present time
the sum stated having been expended on them. On
Saturday, the prisoner called, and wanted to take out one
of the children, but gave a different name ; and Mr.
Hughes, suspecting him, gave him into custody, and his
suspicions ware soon conErmed. Mr Yates contended
that there was no evidence against the prisoner ; but his
worship said he had to doubt about it, and sent the
prisoner to jail for a month, with hard labour.
- - -

IMPOR7ANT TO THE POLlCE.—Martha Dalton and Richard
Dalton, her husband, with Elizabeth Laxham, were
charged whh having broken 32 squares of glass and
window sashes, with chimney ornaments, and other things,
in a house belonging to one Hannah Roberts, in a court
off Great Richmond.street. Mr. Block defended the
prisoners: The faces of the case were 'shortly these :—lt
appeared that the complainant kept a house of ill-f me,
and that she got into the house in a seruptitions manner,
the rest rf the inhabitants of the court being respectable.
They felt very much annoyed at the conduct of
the complainant, and some females whom she
harboured. The landlord of the place had given
notice to the complainant to quit, on account of her
character and the annoyance see gave the other people
On Sunday evening some dispute arose, when the windows
were broken and the other property destroyed, and the
complainant alleged the damage was done by the prisoners.
Mr. Muck produced a witness named Richard Davis, who
seemed respectable, and he stated, that the wife of a man
who was in the house of complainant, brought a number
of boys and girls to the place to take out her husband, and
as the complainant would not let the man out, the crowd
broke the windows. He swore the prisoners did not do
the damage. Mr. Mansfield said where houses of the
sort alluded to were taken in respectable places, no
doubt it was a great nuisance, and the police ought
at once to interfere and have them put down.
He had given orders last week about a house in Chatham-
street, and he wished to know what the police had done
in that ease? Inspector Kehoe said he did not know—the
police must have orders before they could proceed. Mr.
Minefield (most emphatically): Then I give orders from
this henceforth to have such houses as are complained of
at once indicted by the police. Inspector Kehoe: Yes,
sir, they can only be indicted ; and in that case it is the
duty of Mr, Walters, the public prosecutor, to proceed
against them. Mr. Mansfield : There are some places
where it is almost impossible to get them out But when
they gat into respectable localities such contaminations
and abominations must he remecied and removed. Let the
police look to this. He discharged the prisoners for
want of proof, saying, if the landlord of the house felt
damaged, he could try the case in the County Court.
THE CHARGE AGAINST A MEDICAL MAN FOR CAUSING
ABORTION.—John Godfrey Patrick Bride, the person who
was remanded on the charge of having procured abortion
in Margaret M'Creel, WAS brought up. The full details of
this case have appeared already, and must he fresh in the
reader's recollection. Mr. Bluck, for the prisoner, said
his client's friends were most anxious that, on his part,
an eminent medical man might be allowed to see the
female ; so that if anything happened to her such evidence
or opinion might be given hereafter, an well as
that already taken. Mr. Garnett read the depositions of the
woman as already published. Dr. Wall, of the Northern
Hospital, said the woman was excessively weak, and in a
most precarious state, and it was utterly impossible to say
the moment a change would take place. Mr. Black said
the prisoner and his friends were anxious to correct a
statement that had gone forth to the effect that he was
not a qualified person. That was a mistake, as he was
regularly qualified, and had his diplomas. He trusted
the gentlemen of the press would be good enough to put
forth that statement. Ho asked his Worship would he
accept of bail to any amount, as he could procure it for
the prisoner? His Worship said it was utterly impos-
sible for him to take bail under the circumstances. The
prisoner was again remanded.
PARENTS DESERTING THEIR CHILDREN.—AIice Holland
was charged with neglecting to maintain her children.
Michael Campbell, a tailor, was charged with a similar
offence, as was also John Welsh. The case was clearly
proved by Mr. Hughes, one of the officials connected
with the Brownlow-bill authorities. Ta e children of the
above were either in the Industrial Schools or at the
Workhouse, and had been maintained by the parish for
some months. They were each committed for one
month.
THE CHARGE OF STABBING.—In our impression of yes-
terday, we noticed the fact that a man was in custody on
the charge of having stabbed three females at a late hour
on Saturday night, at a brothel in Dawson-street. Duncan
Maclntire, a gardener, a labouring man, was placed at
the bar on the charge, and was defended by Mr. Cobb.
The parties in the h-use, all of the most disreputable
class, proved that the defendant went to the house, when
a dispute arose about money matters, and, the prisoner
finding that the females were too strong for him,
he to k out a knife, and, as Dr. Wall stated, inflicted
several incised w muds on the hands and faces of his
female gaolers. The poisoner, at the request of his soli-
citor, was remanded until this day, for the production of
witnessess on his behalf, to show that he wa.s only acting
in his own defence.
A WIFE'S Areaoerre.—John Hitchman, formerly a
briskisyer, but now a retired " Irish gentleman," (as the
police described him) living on his property in Lord-
street, Windsor, was charged with having been the cause
of seriously injuring a person named William Dyer, living
in the same street. From the evidence adduced, it appeared
that a great number of persons. some of them reeler youth-
ful compared to the prisoner, were drinking is his house,
when the wife came in, and ordered her house to be cleared
at once of the drunken " rabbet.," th it were in it. The pri-
soner's friends not liking thus to be ordered to "stand not
by the order of their going but to go at once," remon-
strated, and a regular mdee ensued, in the course of which
the lady was taken into custody, and her husband
feeling himself agrieved at the loss of his better half, com-
menced bundling the domestic utensils out of the upper
room window, but unfortunately a leg of the bedstead fell
upon one of the peacable inhabitants, Wm. Dyer, who was
looking for his child, and had so injured him that he was
unable to attend. The prisoner was remanded for seven
days, to await the result of the injuries sustained by the
injured man.
A " NICE YOUNG LADY."---Miss Julia Denton, rather a
good-locking brunette, was charged with using oh cane
language in Bannistre-street. This young lady left Walton
gaol on Friday morning, having been there for several
days, that being the twenty-seventh time. She had been
lrcated in the same establishment for similar offences, and
appeared in the Police court again on Saturday
morning, when she, in a most sympathetic man-
ner, told a tale as to how she had been
persecuted by the policeman, and was discharged ;
but yesterday she again appeared in the same place, and
under the same charge, the result of which was that she
was committed for two months' imprisonment.
STEALING COTTON.—A man in the employ of Messrs.
Burns, of Apaley-buildings, was charged by detective
officers Eaten and Layco,k, with stealing a large quantity
of cotton, the property of his meters. The officers applied
for a remand, which was granted.
"TAKING TIME BE 'rite FORELOCK."—David Small, a
disreputable and sottish-looking vagabond, was charged
with stealing a time-piece from Mr. Alfred Samuel, of
Manchester-street. The property was stolen from the shop,
and a few hours after it was found in the possession of the
prisoner, who could not give any account of it. Committed
for trial.
PICKING POCKETS.—Catherine Mark was detected
picking poeke.s in Whitechapel, by detective officer Povey,
and was sent for trial.
A SUSPICIOUS CHARACTER —AN Ex-POLIMIAN IN
TROUBLE.—William Neale, a person who had formerly
been in the Liverpool police-force, was apprehended at an
early hour on Sunday morning, on a charge of beirg
saspiciOns character. The police-constable stated, that at
about tin minutes before three o'clock, the prisoner was
given in charge by Mr. Patterson, of 64, Grove-street,
for being on hie premises as a suspicious character. In
answer to Mr. Goodere, who defended the prisoner, said,
that he knew that he was formerly in the police force,
At that time ha lodged with him, and was a respectable
conducted mite The complainant insisted upon giving
the man in custody. The prosecutor stated, that he did
not wish to press the charge, as he believed the ex-
policeman was paying his addresses to his servant, and
was- only there to see her. This statement was confirmed
by the maid herself, and the prisoner was instantly dis-
charged. Of course the next time he pays a visit to his
" ladye love," he will find a more Imitable hour.
Roesler; AN ExtrLoYEL—James Betten, a youth in the
employ of Mr. Walters, pawnbroker, of London-road, was
charged with embezzling from his master two watches, and
having in his private box a quantity of duplicates. It
appeared that lately he had been very irregular in his
habits, that is to say, he had been living as a " fast young
man," when suspicions were aroused, and the result was
the discovery of the robbery. The prisoner admitted that
he had taken the watches and money, and he was ordered
to b imprisoned for one month.