The Sun.
London, England, 1845-10-24 00:00:00

LA W INTELLIGENCE•

covRT OF B -INKRUPTCY, Oct 22.
(Before Mr. Commissioner EvAsts.)
WESTRLIP AND COCKSEDOE'S BANKRUPT'
The bankrupts in this case were flour tactsrs atio
manufacturers, cart ying on business at New Cranellu:
Northfleet. Cocksedge has obtained his certificate'
Westrup now applied for his.
The application was opposed by Mr. Cook, and °Per
by Mr. E. James.
The grounds cf opposition were, the generally
sissv
conduct of the bankrupt towards his partner Cock w",,eai
the consequent sacrifice of the creditors. It
leged, that although the business was in a°,2n*O'
state when Cocksedge was induced to join 1" aßr
rup made representations that hiS affairs were jailor
Fishing and progressive position. Under thee
sid#
e
stances Cocksedge, after having advanced a c'„ eri
sum of money, purcbased for upwards of 3,00 t tirm!
tiring partner's share, and it was then stated that a.,01.
the name of Finals and Fisher owed the concern I''°e
however however subsequently appeared that such was not, btoilf4
and that the firm of Westrup ru.d Co. were its ureriii,
500/, which sum Westrup. actually paid them. fed
duct was alleged to be gr,,ssly fraudulent towards t'd tbi*,
who, in the course of his partnership, had alle"itt 130
32,000/. to be raised by most, age on his pruPertYthe
St. Edmund's, a great deal of which had gone f, or sod,
poses of the firm. The bankruptcy was for 18,T,h;teirei
dividend of ls. 6d. in the pound had been paid. boge
other allegations against Westrup, but on this 'foe °_,F;
fraud rested the weight of the case. The praver n_sttifia,
ponents was that the bankrupt be refused ins 7toefitt'
altogether, as he was not a fit person to be alloWen
into business,
Mr. JAMES said he hoped witnesses would be etegstej
prove these al'egations. The opposition, though reP4iiionsi
to be that of creditors, was in reality the 01),1)°-:o
Cocksedge. Cocksedge ought at least to be eall'" ,s(1,
examination would soon show what weight there Os
allegation of fraud.
Mr. Commissioner EVANS wad the charge of frfitUtle at
borne out by the proceedings. He, therefore, saw sivel
in having Cocksedge examined. He would, howeverj';igev
bankrupt Westrup the opportunity to examine Coco, be
granting an adjournment, but the expenses could
by the estate. oiooef:4
Mr. JAMES regretted to hear that from the Coanneorge
He hoped by examination to have removed the
fraud from the bankrupt.
rlv
Mr. Commissioner EVANS said it appeared cles„;reee,,/,
proceedings that the bankrupt Westrup had '`firii I,7rcs
Finnis and Fisher to be debtors to the concern,,/rrlut
whereas, on the contrary, they were creditors fot r;ghtk,
5001. had been paid'; arid nothing of this was
light till-it was investigated by the official assign
sedge knew nothing of this, and if he was ealleus"seilte"sst
likely they would hear that he did. To have ce"Aessill,,,"-br
join such a person in a state of affairs of this "00
would have proved him a fool—an idiot. Althoug.tidigle.i
be said that Cockset ge had been in some measure IttotrYr
still be ought to be protected. He would therefore.,
the adjournment without Westrup bore the exnenr"odotv"
Mr. JAMES said, the bankrupt could not afford
and it was pressing hard upon him to require it. idettlisi
Mr. Commissioner EVANS replied that as he eensbe 61004
bankrupt's conduct to have been grossly fraudulent, ..00.4
make no other proposition. Even had Cocksedge cyt
P
to the fraud, it remained with the Court to consider ''
conduct of the bankrupt had been in his dealings.' Ada'
Mr. JAMES feared there was little use in pruce`"
the case if his Honour had made up his mind. see;
Mr. Commissioner EVANS said, the fraud was:not
dent that there was no other alternative. t-
were satisfied, they could release the bankruPt• tit. 4e.
the offer open of adjournment, if he chose to aceePhastf
Mr. JAMES hoped ihe Court was not giving a la
cision. P°5510
Mr. Commissioner EVANS said that was scarce bet„l
He had had the case urn er his attention since Oct°,oooedd
tt
and every time it came before him he was the Illere t dio
of the fraudulent nature of the bankrupt's conduci;ublic
toese circumstances. he felt it was his duty t° theiy•
refuse the certiticate.—Certificate refused according to
PLTER BORDENAYE'S INSOLVENCY. p.epllea,lo(
In els case the insolvent was described its a 70:000P0
wit bout occupation. He had incurred a large eared
oi.
debts wi hout assets to satisfy them, and as it ijBo be
prospects in life never warranted the accumulatistition t
ties arrayed against him, the Court ordered his P
dismissed forthwith. otos,
The other cases heard were not of the least inIP
OCTOBER 23.
(Before Mr. Commissioner Evssysd
COV3II.
IN RE JOHN SAVAGE.
This bankrupt, who was a licensed victuallert,t, in'
street, Soh, s, came up for his final examination.,t thst t"
Mr. LUCAS appeared to oppose, on the grunn"ropertl, tsa
solvent had nos rendered a full account of his
that the assignee of the estate, who was ers
bankrupt, had disposed of the house ,i
to the hrewiast
the amount of their debt, although it was at
doubThle. ;it blew
e insolvent said he formerly kept a hollseti'len
square, Marylebone, but lost the license; be osseid
portions at 134/. per year, but in May last gavel ,er
to his son, on condition of his taking all the lioau vtbetenr,.
pay one year's rent due--110/. He did not kn decd
his son had any money. He was a laisehrte,r.)
trlio
and lawyer-like, was very reserved.—(Lank ale of
believed that his son had interfered for the 5
°
called
house in Compton-street to the brewers. tl3
prov 0 5
Mr. Feistell, a wine merchant, was to
the insolvent had said his house without a music
hcens 0170
e
t
worth 6001. or 7001., but with one it wouhldebtehn we'u.rliataio
ye.f
in two ears. He had a music license at
was on the point of becoming a partner a short Ore
The brewers debt was 400/. Or 5001.
tbe
Mr. LucAs said, in addition to these objections, left
rupt had put down his brother as a creditor, but
amount blank.and
The bankrupt said he could not tell the amount*
lieved the statute of limitations protected him. the oc,rbo -
The COMMISSIONER said, as the name was d.?”",.„ed. '-
chile must be amended, and the case must be OPu--
bankrupt, however, should have protection.

SHERIFFS' COURT, Oct. 23.
(Before Mr. Under-Sheriff BuncuEo4 6.4
MATHESON v. REYNELL. f 151
This was an action brought to recover the sum g
for gravel supplied for the defendant, who Ilt'ebtett the
Court, which he contended was all that he was ind of lot
The facts of the case were these :—The Plalnde(ep la
lessee of some gravel,pits at Kensington, and the, t he
is the owner of a great portion of Kensington-crqa tild2diL
April last defendant went to the pits, and la,
wished his half of the crescent to be regravell dopello
not fix any quantity, but said he wished it to be,tobitr'tio.
superior manner, and made a good job of, as the
complained of the manner in which Mr. SC3re. aece'"bic
was done. Plaintiff was to send in as much as 70 es, a
and to get men to lay it down. It was proved tu,,,,j st rico
yards, (single horse loads) had been sent in, Cli3rbjBllsl P
yard. This charge was alleged to be low, the
boar
being: 4s.
ed, 11; after, •
On the part of the defendant a witness was CS-lell';red*
posed that the plaintiff was told by defendant's •-" ter
wards that 27 loads would be about the quanti*Oriers.
Plaintiff; however, said that he had received bi 9
was contended that 27 loads would have bee It W°ol4
only 20 had been usA on a previous occasion. b. done oil-
mitted that the quality was good, and the w°r.iked ilicooci
but it was urged that a tradesman was not jut' site
ing himself of a vague and general order to "IP..,jece."oo
job" to end in three timcs ai much materials as w,"ietitio fit)
In reply it was c mended that the defendant 6..,ered
was overlooking the w,-rk, ought to have inte''
thottAfit 'here v. as an unnecessary delivery.
Verdict for plat tiff e
Lt. aro
BitIEKI.EY AND ANOTHER Y. BA-- IC- ,
This was an act io Cu recover the amount '—
bill, but the case was postponed.
The Court rose at eleven o'clock.

------------ .
POLICE IN TELLI6ENc of
John S'pilhzrd wasilAellzaSrg. e :lAwi'-tah uhau,sin6g
Ex3cihr.aNii
John Chick IVorti,ington, in the neighbour"o'd ° on
I?.(e.r.thington,litat,d)eaalrrolicnr ral3asniilhko,booss;a,etgs3troliu:
tat‘. . i. a_ . -
Friday week lie we
ask-d a gentleman with whom heieuntered into coood to
but
the rice of certain shares. Tie gentleman beekolatioo,o4ll
defendant, as a pers.a, who could give the int"rwtioo oor
ht. (complainant) declined having any commuill 1, old deem
the d•,fendant, who asked the cause (.f such refusa
pa
mitred the degrading assault attributed to /do!, oat hesjao
'l' he complainant, in answer to a qu.stion, at" th,al t.
*pulled ft the elit,leoclt
not called the defendant a scamp mitit the defendan st
itli,
him by the nose. ,titer,ts
S. Worthington, bn•ther to the eoroplaittantain. plaiP''"
the defendant committed the ass .uIL upon the ,
roor
refusal to do any business with him. i the oce"
The defendant declared that he had treaatethe Pr°l,llo
plainant with the indigni y described beau's- tnsults• „00
tion iven was one of the most insupportable ited the " fol-
-1 ow3.ierd. sTu:yblora
stadescription.ted,tt at
complainant had, without rhyme or reason, aPP-In
" scamp" to him, and the act complained of 11 the
0t0100,4
value of some shares, and, as he did not know, -ir SPlutog
Mr. Spillard to supply the information. Nirtie,),..707., oot.a,
approached, Mr. Worthington said, . I want t 1.„„d °nod,
to do with you,. and called Mr. Spillard ath`ose Sr° itlt
in a voice quite loud enough to be heard kt,'
was instal
re-
per
pon which the operation of pulling the the party
A
Mr. Worthington ahsted hid to
formed, verymuch to the dissatisfaction of e.,
taliated upon. to"( f
clearlY P Dt 0
spesca.tavhy:l,teivorciii,7
chbreuttdo.
The LORD MAYOR said, the assault was
to the all°
and he should hold the defendant to bail
207., to answer the charge at the sessions. 10,
GUILDHALL. aegjo 0
andD dressedrY len Ea
isstaobn,
officer
ceyoung
herm a ll of
Majesty'se
before Mr. Alderman .Wood for re-exam Dragoon 0
with being a deserter from the 3d Regiment
William Ledham, a city police-constable,,FLantecici;y tbehelat
he was passing through Newgate• street on .o''_-_°,o hatto:ibe
the prisoner, and recognised lam as a persoidt w. f
erted 'r° s 045
advertised in the Police Gazette as having es- whit the
regiment in Ireland about two months ago;..nin yible'
formerly a private in the same regiment' ""
assurel
prisoner had deserted twice before.
_di,nat over
The prisoner, assuming a tone of high in._..tken. Ire .40.-
the magistrate the policeman was totally s"
mi
scandal°'?:,roy
was or wished to be a soldier. It was a mist in this
refer
cectling to drag a gentleman to a police-office Tie couirsor.
and talstly charge him with beings deserter. ,'-'• „40
her to- t
to Mr. Jeremy, the magistrate, and tuanY et si not
who knew him. if he W.—
Mr. Alderman WOOD asked the policeman
sal°
labouring under some mistake here. .0 the ef
had been 1 etnt
The policeman said he was not.
Or°
f nisi°
the regiment who would know him • -. as.o_ .
n with regiment two years with him. He He
euld find a serg
The prisoner looked at the policeman Hid man- could
said it was all false, and he was a perjure(
oliceman r
r f°-
Mr. Alderman WOOD observed that the P
_told eve
be
a day for further proof. t to the har.terjr,
. was „„.„itt pii- ,oill, ~.
Yesterday, when the prisoner
hardly be mistaken ; but he would let the case s
who is in town, who positively identified him, a" for
, ter
no longer resisted the chae. .
was confronted with a recruiting offi-cber flion_tAhret;;risto"
safe curaot;y till demanded by his regiment.
Toed
iiiiiieslilP-SIREET. ce, ria--
Mr. Alderman Woon committed him to the Con
_ - 1,6, jr O' 0;
'*
. quantity f household Im [ye.
charged with stealing a 4)
ThAiommaisddal zgewdaTpain,,,,,..f.drearr
trhesepte.acrtatbelefonrep7.a..l3l::
irtou'Lirgeirt.,o,ilo:
_.--
FOR THE REMAINDER OF rir„,,,,:e sta
SEE THE SUPPLEMENT TO ill
Ti, THIS DAP.

of
London: Printed and Published by I%IIIIIDO
112, Strand, Printer, at The Sun Oftice, • ts of
Strand, in the Precinct of the Savoy, in tile Co° '
bliddlestgt, Friday, October 24, 1846.