The Sun.
London, England, 1857-01-13 00:00:00

I had an execution on his house for 400/., and he expeeted
to be di-trained on on Friday,
His Honour said it would be necessary for the gentle-
men to attend in person, in order that his statement
might be taken.,
An agent for the City Coal Club made an application
for the payment in full of 431., stating that the bank had
acted as treasurers of the society, which was enrolled as
a benefit society.
His Honour said it would be necessary to bring evi-
dence of the appointment of the bank as treasurers to
the society, and also to oho x; that it was a benefit society.
The next case was that of Mr. James Brand. He
stated—l am a shareholder in the Royal British Bank.
Unfortunately I hold 49 new shares and one of the old
ones. I have receivfsd dividends from time to time on
those shares. I signed what I presume was the deed,
in the usual way. The three dividend warrants pro-
duced, dated 18th February and 15th August, 1856, bear
my signature. Ire ceived the amount. I have not had
notice of the call o'. 501. per share. I have paid 501. on
the old share to Messrs. Linklater. I am not prepared
to pay 501. each oil the others. It would be ruin to me.
I am only a poor, jobbing master carpenter ; therefore
my circumstances are very indifferent. lam not a cre-
ditor of the bank in any way. If I had the meats I
should be glad to pay. I will pay as far as my means
go. I might manage, to pay 5001. within a month or so
if I got my friends to assist me. ,
Mr. Charles Lee,. of Canonbury, was next called on.
He deposed—l am in Yo business. I hold five shares
in the bank. They are dated Ist Oct., 1855. I have
received two dividends, in February and August. I
signed tee deed of settlement in the ordinary way. I
received notice of the call of 50/. per share in September
last. Have paid no portion of it, and am not prepared
to do so. My circumstances are not good enough. By
the help of friends I might make up a small sum of
money, but am not at present prepared to make any
offer. lam not a rereditor of the back in any way.
Mr. Thomas Duren—[ am a ropernaker, at St. Peter's-
road, Mile end. I hold two shares in this company,
but I submit that. I am not a debtor, but a creditor
of the company. I have net the shares with me. I
signed the deed, and have received dividends of 6 and
4 per cent. I contend that the price of these shares
was obtained from me by the most wicked and etre-
cious fraud. I have been before the Vice-Chancellor's
representative, and he says that if ever there was a
case of fraud mine is one, and that I ought not to be
declared a contributory. I have received notice of the
call of 501., but has'e not paid any part of it, and do not
consider myself as. a debtor to the company, on the
ground that fraud has been practised. As soon as a
competent court has declared me a contributor I am
prepared to pay. I submit that I ought not to be called
on to pay it so long as a petition is before this court for
annulling the baoikruptcy.
The Corf:nisei oner—You dispute your liability on the
ground of fraud ?
Mr. Dunn—l. do. There never was a grosser case of
fraud. I was ensured by the manager in the board-room
in Threadneedle-street that, acnordiug to the terms of
the charter, it was impossible for me to lose more than a
quarter of the subscribed capital, under any circum-
stances. I did not wish, in the first instance, to take
any shares, but to leave the amount of the deposit. The
gentleman whom I supposed to be the manager then
produced one et the reports, went into the items, and
asserted that it was a most flourishing concern,—there
could not be a safer investment,—and that I snould not
only get 6 per cent., which they were then paying, but
very soon the same dividend as was paid .by the Landon
and Westminster and other banks in the neighbourhood.
I have received tw-o dividends of 6 per cent.
Mr. Benjamin
of Peckham-road—l am a holder
of ten shares in Vie Royal British Bank. I have been
assistant to a surs'eyor. At present I am out of business,
but am employed in a fire-office. I produce the share
certificates. I paid 4001. on eight new shares so late as
April last. I signed the deed, and bad received all
the dividends from the first one until that in July last.
I had notice of the call of 501. per share. I have not
paid any part of it. lam not prepared to do so, for I
sin not quite insolvent. I consider myself a creditor for
4001. paid on the new shares, but I am not a creditor on
a drawing account with the bank.
Mr. Allred Doery, of No. 5, Hungerford-market, fish-
monger, deposed—I hold ten shares in the company,
which I produce ; eight new and two old shares. I
signed the deed in respect of those shares. I received
dividend warrants, which I paid again into the bank.
Latterly I Itept a drawing account at the bank. Ire
ceived a clrcular recommending me to do so, and to
bring as mealy of my friends as I could. I had notice of
the call of 501. per share on the 17th of September last.
I have paid no part of that call. lam notable to do so.
I make no offer.
Mr. Thomas Martin, of 2, Hamilton-place, Brixton.
road, clerk to a linendraper, the holder of three original
shares, disputed his liability on the ground that he had
been induced to purchase them by fraud. Mr. Craw-
ford had made false representations to him, and Gilbank,
also an officer of the bank, represented to him that the
bank was in a flourishing position. The reason he held
the original shares was this- He applied for two shares,
when Mr. Crawford told him that there were only three
shares to be had. Those were the shares of a friend,
and he understood that friend to be Mr. Empson. He
subsequently received the three shares. Mr. Empson
had since stated that he had never been the holder of a
single share in the bank. He bad received the dividend
warrants of the bank, but he disputed his liability on
the ground of false representations. He bad not paid
the call of 501. per share. He was not in a position
to do so.
An adjournment was ordered.