The Sun.
London, England, 1848-09-16 00:00:00

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, Sept. 15.
(Before Mr. Commisioner Fill‘E`O
JUDGMENT.-IN RE RICHARD JEWESSON.

His HONOUR, in the course- of an elaborate judgment,
said I do not know that I was ever called upon to pro-
nounce a decision upon a certificate in which I was less
satisfied with the investigation that had taken place than
I am in this case, and I am of opinion that there has
not been an impartial investigation in this case. It is
quite evident that this is the bankrupt's fiat, worked by
his agents for his purposes. Mr. Peddell is the solicitor
who took out the fiat, and worked throughout, and he
has long been the bisaltrunt's'own attorney. As such he
has brought and defended many actions for him, and I
am sorry to be obliged to say that, in defending two of
these actions most discreditable defences were used. In
one, the bankrupt being sued by a northern banking
company, on a bill of exchange, served on the 24th of
November, 1847, a notice through Mr. Peddell on the
banking company, that he harl committed an act of
bankruptcy, without specifying what the act was.
The object of this notice —a; most dishonest one
evidently was to terrify the banking company from
proceeding at law, and yet not give them the means of
proceeding in bankruptcy ; for, strange to say, that a
trader informing" his ereditor that he has committed an
stet of bankruptcy, is not an act of baakiuptcy. In
another action, also, in 1847, the bankrupt, through Mr.
Peddell, defended himself, by showing that a bill which
he had accepted, dated Bombay, was drawn in London.
In October, 1847, Mr. Peddell again appears taking an
active part in furthering the bankrupt's views, for on the
Ith be prepared a bill of sale, conveying the whole of
the bankrupt's furniture to a creditor for money lent
Misi Lindo, to whom the bankrupt had addressed a let-
ter on the 9th of June preceding, in these words—" Miss
Lindo is, by the bill of sale, professedly the owner of the
furniture." Yet the bankrupt has had the use- of it
ever since. Lastly, Mr. Peddell is the solicitor who
attests the declaration of insolvency,. signed by the
bankrupt on the 28th of April, 1846, and takes out
the fiat against him. - Then,' who was the .peti-
liOnillt 'creditor ? It was a Mr. Lane. But Mr, Lane
was the indorsee from Mr: Peddell himself of a bill of
exchange for 591., which -liad been before indorsed by
j-ewesson to Peddell, and it is a remarkable circumstance
that Lane swears that he gave Peddell the full sum of
-50/, so that the transaction '''''''''''' a transaction of

-distonur."•Undei such 'cireiiinitanCei; can it bP doubted
that Mr. Lane was the ihStiiiinont of Mr. Pedlell?

Then who *as the aAsiiifiee-ChOien by the creditors ?
' 1t was' the same` Mr. Line, and who were the creditors

--who chose him ? himself a small creditor
- for 461., and a creditor :elf() voted (by power of attorney,
entrusted to Mr. Peddell, 'these who voted in the choice
' • being creditors amounting to about 4001., nut of a total
debit against the bankrupt of about 8,0001. The whole
management of the bankttiptcy• haiing thus fallen into
the hands of Mr. Peddell, no properlnquiry has, in my
• oninion,•been made. Wh'en: howeVer, the bankrupt ap-
plied for his certificate,Mr. Lloyd, of Milk-street, opposed
for two-•creditors. The"fiest • objection was, that the
transfer -of 'property to •Mist Lindo was an unfair
preference, and lam of opinion that it was. I have
often- laid- it down that; •fta soon as One creditor
• 'takes legal proceedingi against a bankrupt, the bank-
rupt is bound to examine the state of his affairs, and
• if he finds- himself unable tomeet his engagements, then
to call his creditors together and lay his situation before
them, and if they require him" to sign a declaration of
insolvency he is bound to do so, and he is not to struggle
-on, postponing the evil day and 'distributing his pro-
perty-unfairly amongst his creditors. The bankrupt was
sued by many of his creditors between July and Novem-
ber, and in answer to a question put by Mr. Lloyd, said,
" I cannot say how often I was sued." It is dear,
therefore, that he ought to have made himself bankrupt
prior-to October, when ha transferred his property to
-Miss-Linde. • Mr. Wooller was examined before me,
and according to his evidence the bankrupt told Wooller
that Jones-was about getting judgment against him;
:but that he had got Mr. Peddell to secure his property in
the haads of Miss Lindo, and he said, also, he wished he
had employed another solicitor, because it would look
suspicious, Peddell-being Miss Lindo's solicitor. This,
therefore, was an unfair preference. The other objec-
tion was, that the bankrupt had acted most unfairly
towards Messrs. Benison and Co., the holders of a bill
for 248/. odd, accepted by him. As to this, the facts
were, that one Lamont (as we understood), with whom
the bankrupt had had accommodation transactions,
brought him a bill foracceptance, purporting Lobo drawn
by Messrs. Hopkinson and Co., at Bombay, but being
really drawn in London. This bill he accepted to en-
able Lamont to raise money upon it for their joint put.-
poses. The bill not being paid at maturity, Messrs. Beni-
son sued the bankrupt, and thelatter defended himself by
showing that the bill was void, being really drawn in
London. Even on the bankrupt's own statement I can-
not doubt that the bankrupt knew Thompson's hand-
writing, and that when he accepted the bill he knew he
should have that defence to an action, which he after•
wards wickedly availed himself of. Then it was urged
upon me that Mr. Lloyd, for au individual creditor, had
no right to go into the case of Messrs. Benison, one cre-
ditor, not being allowed to take up the case of another ;
and, as a general rule, I concur with that pro-
position, because I think it is the duty
of the assignees to take up the cases of indi-
vidual creditors ; but this rule is founded on
the supposition that there are assignees, really and
- honestly acting for the creditors, to whom that duty may
properly bo entrusted; but here there are no assignees.
I look upon the assignee and solicitor to the fiat in this
case as the instruments to the bankrupt; and whenever I
am satisfied that such is the case I will accept from any
quarter such information as will enable me to judge
whether I can with propriety send back a bankrupt into
the trading world with a certificate of good conduct. It
Was also said that if Messrs. Benison were here, they
could not be heard; but I will never countenance such
an argument, because it amounts to this, that the very
success of the knavery precludes complaint. The Cora-
' miasioner is bound to listen to proof that the bankrupt,
whilst calling himself a trader, issued his acceptance into
the money market, with the full intention of pleading,
when sued, that it was gool for nothing. I fear that I
• ought to refuse the certificate altogether, but I am so un-
willing to inflict a punishment that is to last for life, that
I have determined to tike a milder course, and in the
hope that by reflectbn the bankrupt may satisfy himself
that that which he may perhaps have deemed a com-
paratively innocent trick, was for all substantial pur-
- pores little, if anything, short of theft, and may form
better resolutions for the future, I will go no further
than to suspend his certificate for.three years from this
date, without protection, one year for not having made
himself bankrupt before he transferred bis property to
Miss Lindo, and two years for accepting the bill dated
-Bombay, knowing it to have been drawn in London,
-and pleading that fact as a defence to an action on the
bill.

Suspended accordingly for three years, without pro-
tection.

IN RE PERIGAL AND BRADEY.
These bankrupts were wine-merchants, of Clement's-
lane, and to-day applied for their certificates.
Mr. Murray appeared to oppose, and Mr. Lawrence
supported.

A somewhat lengthened discussion took place, the re.
sult of which war,
Hi rloNoua granted the bankrupts their certificates.

IN RE THOMPSON.

This. bankrupt was an attorney at Northampton, and
*bout three years since applied to this Court for his cer-
tificate, which was absolutely refused..
An application was recently niada to the Court to re-
considrr•its judgment, and the Learned Commissioner
then deferred saying anything upon the matter, by way
of a final decision, until he had looked into the matter.
. His HONOUR to-day said that he considered this to he
a very gross case, and a Erect quantity of affidavits had
been hat did in by tho bankrupt to rebut the charges
made against him, but his Honour dill not think that
they touched the point iu question, excepting one; but
yet,•he (gr. Commissioner Fane) mutt refuse the appli-
()seism. •

• • IN RE JOHN C 113138.
This bankrupt, a boot and shoemaker, of Lewes, Sus-
sex, came up on the balance-sheet, prepared by Mr.
Glover, Bucklersbury, to pass his last examination. The
balance-sheet shows a total of 1,136/.
• Neither the assignees nor creditors opposed, and the
bankrupt passed:

The bankrupt then applied to have a day named for
his etrtifieate: .: - • -

Ilis „HoNotut said that he must arrange with Mr. Com-
missioner Shepherd's diary as to the date, and desired
the bankrupt to teal thst Learned Commissioner that he
(Mr. Commissioner Fane) was perfectly satisfied with
the accounts.—Passed accordingly.

IN RR 13L MR.

This bankrupt, a builder, at West Cowes, came up to
pass his last examination.

- Mr-Duncan appeared to oppose, and Mr. Lucas sup-
ported.
The mein. ground of objection was, concealment of
property, including a horse and cart.
• After some inquiry, Mr. DuNcaN assented to the
bankrupt's being allowrd to pa's; and
• Ilia HONOUR, in passing the bankrupt, said that he
would not allow the bankrupt to have a day named for
hit certificate-unl• 6:: he gave up the property in question
--a horse and two carte.
After the lapse of s' the time,
Mr..LVCAS said that the bankrupt could not get the
rnlNnitY: but he was willing to go to his friends and get
.", which Was the value of them,-aud pay into the hands
of tho officittlAss'g
Tlteau u,,,,diti
No-
vember • "s
1--newee.re agreed to, and the 6th of s named for the certificate.
This bankrupt; IN RE -- nnsa.
for hia certificate en extensive cattle salesman, applied
Mr. DUNCAR, who appeared for the assignees, opposed
stbenecbeaonfkartnko,n:hh:
igt:Jund of reckless trading, tho ab-
_proper contraction of a debt, and
hawing distributed hisi
om to thiain courtwhicha
twaaymhuechpleeaarsibiedr,
instead of having c- te,ro pert 7
period;
Ilia 11oNoua said that on the last
andatdhaate the
very fully into the case, and Was of
opinion 13ceasion he went
bank-
rupt had been actuated by temper,
indis-
creetly, but that he was the victim of unfortunate cir-
cumstances, and had not acted dishonestly, could
be no doubt. Under all the circumstances of
the Court felt bound to grant the certificate forttair; I
The Court rose at half-past five o'clock,

~,_.,,, , ~,SOLVENT
\.7.:IICOMMISSIONER,)
DEBTORS' COURT, smi „
(Before the CHIEF COMMISS ‘ `-. '''
. ,
ir--7---—'s"k IN RE HENRY BOURCHIER.
%.:7ti"nsolvent, a Rear-Admiral in the royal navy, w..
__eppoao by Mr. Cooke, for Messrs. Steele, drapers, and
\, . ~.....„ rown and Redpath, ironmongers ; also by Mr.
Sargocxlpersonal creditor, and Nlr. Bennett, a tailor, ii
- prior He was supported by Mr. Nichols.
\ • •. Thittomlaint of the creditors was that the insolvent
--
.- -------' haditot rid of
in his half-pay without paying them, and
-- thkt as bad
k two instances (the creditors represented
by Mr. Cooke) considerably added to their debts by

•

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