The Sun.
London, England, 1854-01-06 00:00:00

LA. W INTELLIGENCE.

COURT OF BANKRUPTCY.—JAN. 6.
(Before Mr. Commissioner Evans.)
IN RE GRAVES EX PARTE BRADSHAW.-JUDGMENT.
This case was argued before his Honour some days
ago, and he now gave judgment in the following terms :
—This case was submitted for my decision by the con-
sent of all parties. It appears that Mr. Bradshaw had
purchased certain property at a sale by auction, on cer-
tain conditions, and had deposited with Mr Hoard, the
auctioneer, the sum of 481. as a deposit. The auction
took place in 1842. Eventually Mr. Bradshaw was
dissatisfied with the title, and abandoned the contract.
He now seeks to recover the deposit from the assignees,
alleging that they have been enabled to get more for the
property. The cases relied on were " Burrough v.
Skinner," (5 Bur. 2,609) ; Edwards v. Hoddesley," (5
Taunt. 817) ; " Farquhar v. Farley," (7 Taun. 592 ;)
" Lee v. Munn," (8 Taunt. 45) ; " Bamford v. Shuttle-
worth" (11 Ad. and Ell. 926.) In my judgment, Mr.
Bradsdaw's right to recover the deposit exists against
the auctioneer, and not against the assignees ; as
neither the bankrupt nor the assignees have ever re-
ceived the money. I am aware that Mr. Hoard claims a
right to set it off against a debt due to him by the bank-
rupt, but I am of opinion he had no right to do so.

IN RE POLLARD.
The bankrupt, Charles Pollard, had kept the Old
Bell inn, Wellington-street North, Strand. This was
the adjourned meeting for the last examination. The
accounts have been already published. At the last
meeting the assignees required an additional cash ac-
count, and also some information as to portions of his
property.
Mr. Taylor, for the assignees, stated that the addi-
tional accounts had not been furnished, and asked for an
adjournment sine die.
Mr. Cooke, for the bankrupt, stated that want of funds
had prevented him complying with the request of the

assignees.
His Honour said he must order an adjournment sine
die ; the bankrupt might come up again when he was
prepared with fresh accounts. Protection would be
given in the mean time.
Mr. Taylor stated that a question had arisen whether
the deposit of the lease by the tenant, constituting an
equitable mortgage, extended to the tenant's fixtures,
which were claimed in this instance by the mortgagee.
The assignees contended that, as the articles in question
were distrainable for rent, they would pass to them, and
not to the mortgagee.
Mr. Groves, for the mortgagee, cited some cases in
support of the opposite doctrine.
The Commissioner—You do not contend that they pass
under the use, order, and disposition clause?
Mr. Taylor—l should submit that in the second alter-
native. The articles were upon the premises, and sub-
jects on which he obtained credit.
The Commissioner—At present it appears to me that
the mortgagee is entitled to them ; but I will look into
the cases, and if I alter my opinion I will let you know.
IN RE BELL-NOVEL APPLICATION.
The bankrupt was a coal merchant of Newcastle-
upon-Tyne, who had first petitioned the court under
the arrangement clauses, and afterwards been made
bankrupt.
Mr. Lawrance now applied to the court to order the
return of 1001., which the bankrupt had borrowed from
his brother, in order to enable him to lodge a suffi-
cient sum (2001.) with the official assignee for his peti-
tion to be entertained under the arrangement clauses.
His Honour said the application was a very unusual
one, and could not be acceded to by the court. It was
incumbent on every trader coming to the court on his
own petition to show that he had 2001. of assets, or suf-
ficient to pay his creditors ss. in the pound. This was
the basis of the whole proceeding, and without it the
petition would be dismissed. He should therefore refuse
to make any order in the case.

INSOLVENT DEBTORS' COURT.
(Before Mr. Commissioner Phillips.)

IDi RE THEOPHILUS JOHN LUGGER.-FOLLY AND EXTRAVA:

GANCE,

This insolvent, a young man described as a gentleman,
in no business or occupation. applied to be discharged
from the Queen's Prison, where he had been confined
some time. No creditor opposed.
The schedule exhibited debts to 5721., and liabilities
to 2,2001. He had 721. owing to him. The insolvency
was attributed to his havine, been "so foolish in spend-
ing his own means recklessly," and to various losses.
There were 32 creditors on the schedule, and in addition
to the debts now owing the insolvent, since 1847, bad
received a good deal of money from sales of his property,
which he had spent in the manner described. The
schedule further described the insolvent of Christ's
College, Cambridge, and of the Temple, where he was
studying for the bar.
Mi. Commissioner Phillips inspected the schedule,
and seemed surprised at its contents.
The insolvent, in answer to the learned Commissioner,
said he had been to Cambridge. His late father was a
clergyman of the Church of England.
Mr. Commissioner Phillips said he saw by the schedule
that the insolvent had indulged in every species of ex-
travagance. The creditors did not oppose, which they
might have done, and as such was the case he should
not take upon himself to oppose. Had the creditors
opposed it would have been his duty to have pronounced
a judgment. The insolvent really ought to be ashamed
of himself. He said he had received iarge sums from the
sale of his property-7001. and 8001.—atta all had been
spent. He had studied for a profession, by which he
might have got his living, but instead of that he had
been foolishly spending all his money. He (the coin-
misioner) had never in all his seen such extravagance as
the schedule disclosed. _ _ _

His Honour asked the insolvent whether he had any
property left
The insolvent, "None at all."
Mr. Commissioner Phillips—Pray, what is your age ?
Insolvent--26 next birthday.
Mr. Commissioner Phillips said he saw various losses,
and money for billiards, indeed every extravagance. His
Honour added, " Perhaps the best thing for you is, that
your poor father is not alive."
The insolvent was ordered to be discharged from
prison.