The Sun.
London, England, 1859-09-15 00:00:00

LA TV INTELLIGENCE.-(THIS DAY

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE 11. SMART.
This bankrupt was described as of Tichborne-street, Hay-
market, picture dealer, and now came up for his M ,
certificate.
The bankrupt passed on accounts prepared by
r. Smart
Basinghall-street, accountant, and were satisfactory as re-
garded explanations. It was' clear, however, that in
January, 1858, the bankrupt was in a deficiency to the ex-
tent of £97. The debts to unsecured creditors amount to
£2,664. Debts, good— £lO7 property given up to the official
assignee, £6BO and about £4O surplus on property held by
creditors as security. The profits were stated at £583;
against trade expense, £615; losses, £l,
115; and household
expenses, £248.
Mr. Abraham, solicitor for the assignees, said that they
and the creditors were anxious that the bankrupt should
have a certificate of the first class.
His Honour said the creditors had no right to decide.
Mr. Abrahams said that the losses were on
the depre-
ciation in value of some pictures.
His Honour considered there must have been some negli-
11°
gence where the costs so far exceeded the profits, and
all
could do would be to grant a certificate of the second
class.
TRADER DEBTOR SUMMONSES.
His Honour, in the absence of any other Commissioner,
took a case under the Debtor Tradesmen's clause, the
e
he
effect of which is pretty well known is a preliminary
bankruptcy. As respects names and facts they are deemed
" private," although heard in the open court.
His Honour asked for proof of the debt, and an affidavit
was put in.
His Honour—Where is the plaintiff ?
Solicitor—He is not here ;he can't attend.
erson.
His Honour—Then how can I make an order
e? A d
nm-
on the part of the alleged debtor stops us. A penial
moning another under such a clause as this ought to appear.
I shall not order a bond on this evidence, and as no action
has been brought it must be done within 14 days, or I
shall dimiss the summons with costs.

SHERIFFS' COURT.
IMPORTANT TO ADVERTISERS.—DIMOND V TS-ORLO.
This was an aetion to recover £5 for rent of boards ftxeci
to an advertising station belonging to plaintiff.
His Honour remembered that on the last occasion it WO
agreed that plaintiff should have a verdict and that should
be an end of the affair.
Mr. Buchanan, for plaintiff, said there was no doubt that
defendant should have taken away the boards, aria lac't
having done so was clearly liable.
Mr. Soyer, for defendant, the Cattle Food prop the
said that defendant was not bound to take away'
boards. It was usual in the advertisinc, trade to send the
boards to the owner. bound to

Mr. Buchanan thought that defendant Was
send for his boards. Upon a former occasion his honour
would recollect that defendant consented to a verdict, and
the boards were to be removed.
His Honour—Yes; I recollect the matter perfectly well,
Some discussion then ensued as to an agreement,
and cannot see how plaintiff can hope to recover.
Thorley said all his agents sent the boards home-
His ',Not
Honour remarked that defendant must have a verdict,
and after the result of the last action plainfiff should have
taken down the boards and removed them to ' convenient
distance, there to await defendant sending for them.
and gr.

Verdict for defendant.
OBJECTING TO AN INFANT-REA V. BE)"
The parties in this suit were relations, and the aniona!
sought to be recovered was for debts contracted betWeaTh
the parties.
Mr. Buchanan objected to plaintiff's being
Plaintiff had no relations and thought it very hard
could not recover what was really his due.
Mr. Buchanan—How old are you
is
Plaintiff—l am under age.
H H onour—You must sue by your next friend'
Yoh
will be nonsuited. a suitor.
he

Mr. Buchanan did not press for costs.
" OCW
EXPENSIVE SUITS.-THE NATIONAL LOAN FEN"' ""S
TION V. WILLIS. n of
pon
This case had been adjourned u the aPPlicat'°—

Mr. Beard, in order that defendant might attend to I'd
certain explanations. This was a judgment summon'
Mr. Beard again applied for an adjournment, as defends°
was compelled to be absent on his master's business.
His Honour thought the application reasonable.
Plaintiff said this was a second adjournment. one,
Mr. Beard—There are no costs on a judgment sumln;
and it is absolutely necessary that defendant shalt'
present. This is a matter embracing his liberty.
His Honour granted an adjournment and no COO.
A BARGAIN IS A BARGAIN.-MAYNARD V. WILSON*. f
This was an action to recover £3 lls. for three tom
coal, alleged to have been sold to defendant, who holds cal"
tam offices.
Defendant pleaded that the coals were not sold to hilo•ici
Mr. Buchanan, for the plaintiff, stated it had been agreed
between the parties that plaintiff should supply the cos'a
and that defendant should work out the debt by letting
plaintiff certain offices. As plaintiff could not obtain 1114
office ho now sued for the coals.
Defendant said that the coals were forced upon him, so
that he had only burnt one ton.
His Honour thought that plaintiff had agreed for a
col"
tam object, and not for money. He had brought his.aot"
in the wrong form, and must be nonsuited.