The Sun.
London, England, 1853-10-20 00:00:00

LAW INTELLIGENCE.

COURT OF BANKRUPTCY.—Ocr. 19.
(Before Mr. Commissioner Goulburn.)
IN RE WESTBROOK.-THE ISLINGTON CATTLE-MARKET.
In the case of Richard Westbrook, who was made
bankrupt as a hay dealer, of Lawrie-terrace, New-cross,
and Islington, a petition had been presented, seeking to
set the adjudication aside, on the ground that the bank-
rupt was not a trader, and that the whole proceeding
was a collusive one to relieve Mr. Westbrook from his
liabilities, and not for the purpose of distributing any
property among his creditors. The petitioner was Mr.
Samuels Adams, banker, of Ware, in Hertfordshire,
who was a judgment creditor of Mr. Westbrook for
3,421/.
It appeared that in 1849 a joint-stock company, called
the Islington Cattle-market Company, was in course of
formation, under the Act 5 and 6 William 4 ; they were
provisionally registered ; and Mr. Westbrook, Mr. Kirk
(also bankrupt), Mr. Clark, and other gentlemen were
appointed directors ; and they entered into a contract
with Mr. Williams for the purchase of land at Islington,
for the purpose of a market, rendering themselves liable
to forfeit 50,000/. if they failed to complete their con-
tract. A deed of settlement was prepared and exe-
cuted on the 29th April, 1850, by which the capital
was fixed at 200,0001., in 20,000 shares of 10/.
each ; but of this number only 1,600 shares had
been allotted and taken up. While endeavouring to
form the company, the directors kept open the
ground as a layerage for cattle on their way to and from
the market at Smithfield, charging so much per night ;
they also supplied hay to the drovers for the purpose of
feeding the cattle. This hay they purchased in large
quantities, and sold it by retail ; and this was the trading
on which Mr. Westbrook and Mr. Kirk had been made
bankrupts. To meet their expenses, the directors had
drawn large sums on the company's notes at rates of in-
terest considerably exceeding 5 per cent. ; and these pro-
missory notes, to the amount of upwards of 30,00/., now
remained unpaid. The directors had sustained heavy
losses in keeping open the market as a layerage, and in
endeavouring to establish it as a mark et. The company was
never completelyregistered, and the directorshaving failed
to complete their contract with Mr. Williams, he took
proceedings in ejectment, and took possession of the land
and buildings. Mr. Clark, one of the directors, had
made an affidavit stating that the market was not kept
open as a layerage for the purpose of gaining a profit or
obtaining a livelihood, but for the sole object of com-
pletely forming and establishing a market ; also that Mr.
Westbrook was not a bona fide shareholder, not having
paid the deposit in the said company. The deponent further
denied that the bankrupt had been a hay-dealer at New-
cross or Islington, or that he was, at the date of the pe-
tition, a trader within the meaning of the bankrupt laws.
Affidavits in support of the adjudication were made by Mr.
Charles Barker, advertising agent, of Birchin-lane, who
was a creditor for 106/. 13s. 4d. for advertisements ; and
Mr. George Eade, the secretary of the company, who
detailed the steps taken in the formation of the company,
and stated that there was no clause in the prospec-
tus which authorised the layerage of cattle. He fur-
ther deposed that the directors purchased hay in large
quantities, and sold the same in single trusses, to the
drovers or others wanting the same; that it was not
compulsory on them to purchase the hay there, as they
might have brought it with them, or purchased it else-
where; that the charges for hay were entirely distinct
from those for layerage ; and that any of the public who
chose to come and buy hay there might do so. On the
other side, it was denied that this was ever done, and
alleged that the sale of hay was merely auxiliary to the
layerage of the cattle.
Mr. Cooke and Mr. Petersdoff appeared in support
of the petition, to annul ; Mr. Lawrance represented
the petitioning creditor under the bankruptcy (Mr.
Barker) ; Mr. Lucas appeared for the assignees ; and
Mr. Armstrong for the bankrupt.
It was urged by Mr. Cooke, that there had been no
trading, and that the bankruptcy was a collusive one,
to relieve Westbrook from his liabilities. Several cases
were cited, to show that an adjudication could not be
sustained unless there was property for distribution,
either in esse or in posse.

- His Honour observed, during the argument, that
mere concert was not enough to set aside an adjudica-
tion ; it must be also shown that it was done in the in-
terest of the bankrupt only, and not at all in that of the
creditors.

Mr. Eade late secretary and accountant to the com-
pany, deposed that the layerage and foddering of cattle
was carried on at the market-place at Islington ; that
large quantities of hay had been purchased down to
Midsummer, 1852, and sold in truss.
John Nicholls, drover and layer-keeper, deposed to
the sale of hay to the drovers for their cattle.
The bankrupt, in examination, stated that he had
been in his father's bank at Reading, but not as a part-
ner. Of late years he had been in no business till he
became acquainted with the Islington Market, about the
end of 1848, when he negotiated to purchase it from the
Perkins family for 85,0001. He heard that it had cost
upwards of 260,0001. His means were not sufficient for
the purpose without mortgaging the property. He had an
interest in some reversionary property which sold for 40001.
The vendors agreed to let 50,0001. of the 85,0001. remain
on mortgage. His object in making the purchase was to
forma company and complete the market. He paid a deposit
of 5,0001. on the purchase. He negotiated the sale of
the market with Mr. Shaw, Mr. Clark, Mr. H. A.
Harrison, Mr. Kirk, Captain Y. W. Hamilton, Mr.
Grantham, and Mr. Wall. They were to give 105,0001.
for the market ; he had had two previous offers of
100,000/., which he had refused, having been solicited by
the chairman and directors to hold the market for them.
This purcha,e, if completed, would have left him a clear
profit of 20,0001. He was to receive 5,0001. in money and
the rest in shares. When he applied for the 5,0001. it was
inconvenient to the company to pay it, and they gave him
of 0,0001., the extra I,OOIC. licwg to cuvei• discount,
commission, &c. Finding seine difficulty in discounting
the bill, at the request of the chairman, Mr. Shaw, he
placed it in the hands of Mr. Attree, of Chancery-lane ; ,
it was ultimately discounted, and he got 5,5001. from it.
The shares agreed on, 18,000 in number, were allotted to
him ; they were now in the hands of the official assignee.
He was not then a director, and did not know the ar-
rangements the directors made for paying the Perkins
family. Had previously carried on the layerage and deal-
ing in hay on his own account for a twelvemonth. His
shares were allotted and handed over to him in March,
1850. He and the other shareholders signed the deed of
settlement about the 29th Apirl, 1850. He took an active
part in the affairs of the market down to March, 1852.
During the whole of that period hay was bought by
wholesale and sold by retail, and this was a profitable
portion of the business. They had calculated on this
as a main source of profit. Had the market been tho-
roughly established, the sale of bay would have been
continued ; it would have yielded an enormous profit,
from the greater number of beasts. The drovers might
have brought their own hay, or bought it elsewhere.
His name was not up as a hay•dealer, but it was on the
carts.

The further hearing of the case was adjourned for a
week. The case lasted the whole day.

POLICE INTELLIGENCE.

MANSION-HOUSE.—Henryr.:3 aartley, who had been
of
brought before
Daniel
o
remanded since Saturday last, w
the Lord Mayor, in the custody Forrester,
the officer, charged with feloniously utteireing a cheque
for 8/. 45., with intent to defraud the Royal British
Bank.
The following is the additional evidence :
Mr. J. W. Duncan said, I am cashier at the Royal
British Bank. On the 14th inst. the following letter
was brought to the Bank by a messenger :
" 55, Piccadilly, Friday, Oct. 14, 1853.
"Sir,—Please to add this to my account, and give
the boy a cheque book, also two five pound notes. The
cheque is for 25/. JOHN DICICINSON.
" To the Cashier at the Royal British Bank."
This letter contained a cheque for 25/. upon the Union
Bank of London, and was brought by a boy of about
14 years of age, who told me that another boy was wait-
ing for an answer. I did not give the two five pound
notes as requested in the letter, but after putting the
cheque book in an envelope, and addressing it to J. G.
Dickinson, Esq., 55, Piccadilly, I handed it to the hoy.
The cheque book produced by the officer is that which
Iso delivered. The cheque produced for 81. 4s. has
been taken from the cheque book. The cheque for 251.
upon the Union Bank was returned to us on the 15th,
in consequence of the drawer not being known. I do
not know the boy who brought the note.
Mr. J. G. Dickinson, I am a laceman, at 55, Picca-
dilly. I keep an account at the Royal British Bank.
The cheque for 8/. 4s. produced is not in my handwrit-
ing, and was not signed by my authority. I know no-
thing of the cheque for 25/. ; it never was in my pos-
session. The letter purporting to be signed by me is
not
in
nimy writing, nor did I ever authorise any body to
writed
,:t. I sign my name to cheques "J. G. Dickinson
bt I "•" Th' prisoner never was in my employment,
k.,,,,,, him
•
account of glen as errand boy to a neighbour of mine.
I had a boy
which my employment whom I discharged on
came jce circumstances of a suspicious nature
raacy withche th
quee
1s P rtsi
ray knowledge, and I knew of his Ma-
and the
oer. 'Upon looking at the letter
writing of the :0t t 3
quite possible they are in the hand-
The Lord Mayorocin I dismissed from my service.
(end you say that he left your
act of dishonesty ?
service on account of
Witness - I could haanr3:lly that, my lord ; I should
rather say he absconded from
I mme.cashier at the Ree-ent-
Mr. Horace 131oxham
On the 28tht-Sep-
n:Oir(der, which I produce,
street branch of the Unienaß
bearer a che ue-
tember I received the followi
as follows :—" Sir,—Please to '
book. Wright, Brothers, and eolve2the
I accordingly ordered a cheque bool2coeigh Holborn."
person who brought this note, but I dbe given to the
who he was. The cheque for 251. has onot
recollect
taken out of the book. We have no accountapparently been
Wright, the supposed drawer. Ido not know with John
now the pri-
soner. I never saw him to my knowledge.
The prisoner, who declined putting any question
the witnesses, on being asked by the Lord Mayor questions
whe-
ther he had anything to say in answer to the chat
~
and after being duly cautioned replied, ice, I have
nothing more to say than I said before—ldid not write
the cheque nor any other paper."
He was then fully committed to take his trial at the
next sitting of the Central Criminal Court.
6 C) rs,, W. Deane and F. Wiseman were charged by Mr.
-Coleman, clerk to the Registrar of Seamen, under the
Ate/ -'" qI/ clause of the Mercantile Marine Act, with having
er,_e.
certificate of character and
/4 -4__,' , ,lni nie tly used a forged
her
iii "ofx 'v,.) enable them to enter into. Majesty's
kg ''''.. ." atifylee:/' Mr. Coleman said the prosecution. was ordered
‘ s ' 'illez oard of Trade, who were determined in every
‘k` f 72-: -.---- e•Aomnforce the provisions of the act, and exhibited
11.3 1\ k ';0() placards, which had been extensively circulated as
(ij 5.; 1.