The Sun.
London, England, 1850-09-24 00:00:00

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, Sept. 23.
(Before the CHIEF COMMISSIONER.)
IN RE GILMORE BARTCHAELL.
This insolvent, a young man who has held the rank
of First-Lieutenant in the: Royal Artillery, was op-
posed by Mr. Dowse, on his application to be dis-
charged, on the part of Mr. Gregory, upholsterer, in
Regent-street. Mr. Atkinson, of the firm of Messrs.
Atkinson, the perfumers, of Old Bond street, ap-
peared in person. Mr. Cooke supported.
The complaint on the part of Mr. Gregory was
fraud. The insolvent became of age in January last.
The aggregate amount of his debts and liabilities ex-
ceed 4,0001., but his bona fide debts were under
1,2001. His Lill transactions with discounters had
been considerable, and his present debts, without con-
sideration arising on bills, were 1,348/. His insol-
vency was attributed to not having kept his expendi-
ture within his income, and to having fallen into the
hands of bill discounters. There was nothing for his
creditors beyond a debt of honour from a Captain
Fitzroy, now in Sydney.
It appeared that on the 16th January last the in-
solvent quitted the service, and on the 29th of the
same month paid a visit to the establishment of Mr.
Gregory, when he saw Mr. Smith, the foreman. At
that time he owed Mr. Gregory an account of 26/.,
and proposed to Smith to give a cheque on Messrs.
Cox and Greenwood for 36/. and to receive the diffe-
rence. Mr. Smith had only a 201. cheque in his pos-
session, which he gave to the insolvent, and he handed
to him his cheque for 461., which he told him not to
present until the following Saturday. When the
cheque was presented there were no effects, and it was
communicated that the drawer of the cheque was no
longer in the Artillery. Ina few days afterwards the
insolvent sent for Mr. Smith to the Qaeen's Prison,
to which place he had been taken on the 6th February,
on a judge's order. Nothing had been obtained on
account of the cheque. Smith was cross-examined
with the view to show that the insolvent had told him
that he had no money at his bankers' before he gave
him the cheque, but he denied the allegation. The in-
solvent, however, positively declared that he had made
the statement befere he obtained the cheque in return.
He expected tolave hed some money paid into Cox
and Greenwood's by a Captain Fitzroy, who had pro-
mised to make him a remittance from Sydney; it had,
however, not arrived.
1 Mr. Atkinson stated, that the insolvent owed his
firm 4/. 17s. 61 , and on the 4th of February handed
a ckqu-3 f.,r 101. on Cox and Greenwood, and re-
ceived the difference. One of his assistants, who was
not present, paid ti .e money to the insolvent.
Tne CHIEF COMMISSIONER •said there was not
pre-per evidence before the court. '
Mr. Atkinson said he had appeared, as he consi-
dered it a swindling transaction.
The insolvent, on his examination by his own
counsel, stated that he bad got into the hands of bill-
discounters w hen under age. They came to the bar-
reeks, and offered to lend money, and officers gave
theirh,i,llds,iscgoeuttnint
wgrtel m:" r7eorne2ys/.,tildwhich was only
jewellery. He
got a
worth 4/., and other articles were charged ,for in
the same manner. He had no idea of his arrest on
one of the bills, as the party had invited him to
breakfast.
Mr. Dowse urged a case of fraud against the in-
solvent. At all events, when he gave the cheque, he
could have had no reasonable expectation of paying the
debt he had contracted. -
Mr. Cooxi addressed the court with the view to
save the insolvent from a judgment for fraud. He said
he had been ruined by bill discounters.
The Cuter CommessioNmi was of opinion that the
case of Mr. Gregory was not so specially proved as to
call upon him to give a judgment for fraud. It was,
undoubtedly, a case of contracting a debt without
reasonable means of payment, and he adjudged the
insolvent from the vesting order to an imprisonment
of five calendar months.
IN RHDAVID JONES.
This insolvent, a clerk to the Poor-law Board, sap-
plied to be discharged. He had a salary of 175/. a
year, and purchased some property in the Wands-
worth-roadl on account of which he got into litiga-
tion and into pri.son. It was stated, that in the
Wandsworth -road there were many houses vacated in
consequence of the cholera last year, and a gentleman
who was examined, said there were more than twenty
now in a row unlet. • '
The insolvent, who was.supported by Mr. Sargood,
was ordered to be discharged.
'lke court sat till five o'clock.