The Sun.
London, England, 1833-11-08 00:00:00

COURT OF BANKRUt'TCY, Nov. 7.

(Before Mr. Commissioner WILLIAMS.
JOHN CRAWLEY'S BANKRUPTCY.
A meeting of the creditors tinder the fiat of bank-
ruptcy awarded against the bankrupt, who teas a
linen-draper in Oxford-street, was held to day, for
the examination of the bankrupt and to declare a
dividend.

A long discussion took place upon the legality of a
proof tendered on the behalf of the mother of the
bankrupt for 7001., alleged to have been lent to him
under the following circumstances, and the opinion
of the Court is an important one. The proof way
opposed by Mr. JONES, the solicitor to the estate
The bankrupt commenced business in 1823, and,
his father and mother living apart, Mrs. Crawley re-
sided with her son, the bankrupt. She was en-
titled, to 2,0001. in the Three per Cent. Consols,
and was in the receipt of the dividends; she lived
with the bankrupt up to the periol the fiat issued,
and during her residence made advances to the
bankrupt without the knowledge of the husband,
amounting to 1,2001. The claim now in question
was for 7001., forming part of that amount. In
1832 the father and mother, after fourteen years'
separation, again cohabited together, and a settle-
ment is alleged to baTe taken placr, the bankrupt
giving an I. 0. U. to his mother for 7001. The
further of 500/.. was made by Mrs. Crawley
out of funds to which she actea as L,-.:?.tee under a
marriage settlement.

Mr.' Commissioner WILLIAMS said it did not ap-
pear when these advances were made. The claim
might be barred by the Statute of Limitations.
Mr. Clark, the official assignee, said there was no
entries in the books relative to such advances.
Mr. Commissioner WILLIAMS, having consulted
with his brother Commissioner, said, if the bank-
rupt's books showed that such were made by way
of loan, the case would be different. The payment
of the 201. to the mother for her services as house-
keeper wasa circumstance against the claim, and it
was impossible to conceive, if the advances were
made by way of loan, that an account would not
have been kept. If further facts could be obtained,
he would allow time for the purpose, bnt his present
feeling was decidedly against the proof.
The attention of the Court was then drawn to a
subject of some interest to the commercial and
trading classes.
Mr. Aberdeen sought to prove for an amount due
as wages, he having been employed at a salary, and
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the bankrupt's trade. The claim for salary was re-
sisted.

The COMMISSIONER said it was impossible that
a party who r was to be paid as the claimant had
been could he considered in the light of a clerk or
servant, to relieve the immediate wants of whom
the legislature had provided that they should be first
paid in cases of bankruptcy. .

- The Solicitor for Mr.-Aberdeen contended that
his client could not be considered as a partner. He
cited many cases in support of his views.
The COMMISSIONER would look into the cases
referred to, and state his opinion at the next
dividendmeeting.
(the first) of five shillings in the
meAeti
pound was then declared.
The further proceedings were adjourned.