The Sun.
London, England, 1857-02-05 00:00:00

LAW INTELLIGENCE.—Feb. 4.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
THE ROYAL BRITISH BANS.—CASE OF AN ABSCONDING

SHAREHOLDER.

This was the examination meeting in the case of John
Peter M'Morland Greg, cabinet-maker, of Bartlett's-
buildinge, Holborn. There were no aciounts, and it was
stated that the bankrupt had not surrendered, and was
supposed to be out of the country. The peeuiar feature
in the case is that the bankrupt has left behind him
assets more than sufficient to defray his trade debts,
which are little more than 1,000/., and the official as-
signee has about 1,500/. in hand ; but it appears that,
being a holder of 16 shares in the nnforturate British
Bank, he had shrunk from the double liability with
which he was threatened by the official manager and the
official assignee.
Mr. Amory (of the firm of Amory, Travers, and Smith)
now tendered a proof on behalf of Mr. W. P. Harding,
the official manager of the bank, for 12,0001., being
the amount of the call of 751. per share on 16 shares. It
was supported by the affidavit of Mr. Harding, setting
forth his appointment as official manager, and the fact
that the bankrupt's name had been placed on the list of
contributories.

Mr. West, for the assignees, said that this was the first
official intimation which they had had of this claim against
the estate. He was told that the claim arose in this way.
The bankrupt held two old shares in the bank, and be
had been inducted, by false repre3entations as to the po-
sition and prospects of the concern, to take fourteen
new shares. The question would arise whether the as-
signees were not entitlel to claim from the representa-
tives of the bank in respect of those shares, .on the
ground that the contract was tainted with fraud.
The Commissioner—This is the first proof of the kind
we have had.
Mr. Amory—There have been similar proofs in the
other courts.
The Commissioner—l see it rests simply on the affi-
davit of Mr. Harding, the official manager.
Mr. Amory—And the production of the list of contri-
butories, as settled by Mr. Pugb, the chief clerk of Vice-
Chancellor Kindersley.
The Commissioners—That would be a very important
addition. What sitting is this ?
Mr. West—The last examination.

The Commissioners—lt had better be entered as a

claim simply, subject to be turned into a proof upon
further investigation. As this is not a dividend meeting
it cannot affect you.
Mr. Amory—Of course we do not seek to put the as-
signee; on the list of contributories ; we have put the
bankrupt's name there.
The Commissioner—l think the assignees are entitled
to make inquiry as to the justice of this claim 2 • and I
don't think that it is necessary even to enter a claim, as
this is not a dividend sitting.
Mr. Amory—l have no objection to it being entered as
a claim, if you will allow that ; but the proper course to
adopt would be to apply to the Vice-Chancellor to amend
the list of contributories by inserting the assignees.
The Commissioner—l don't care what you do in that
respect. Alt I say is that the assignees are entitled to
have time to consider this claim before they eater it as a
proof.
Mr. West—lf your Honour will do so, it will be more
satisfactory.
The Commissioner—Very well. Put the claim on the
proceedings, and adjourn it for further consideration.
Mr, West-. I will set about the investigation of the
matter immediately.
The Commissioner—ln the meantime, if you see any
good ground for resisting the proof, it will be better to
have a private sitting, but do not do it without necessity.
Mr. West—l hope it may turn out that we have a
claim against the bank.
The Commissioner—That I think is very doubtful.
The bankrupt, not appearing, was proclaimed in the
usual form.