The Sun.
London, England, 1845-06-16 00:00:00

COURT OF QUEEN'S BENCII.June 14.

Their Lordships were occupied during the greater part of the
day in hearing a motion for a new trial. The trial out of which
the proceedings arose was held before Mr. Justice Coleridge, at the
last assizes. The grounds upon which a new trial was moved for
were purely technical, and as the arguments were entirely of the
same character, nothing interesting occurred.

COURT OF CoMMOIV PLEAS, June 13.

(Sittings at Nisi Prins, before Mr. Justice Eat,' and Common

Jurleg.)
BANAL O. SCOTT.

This was an action for libel against the Morning Advertiser
newspaper. Through the mistake or misconduct of the reporter,
the plaintiff had been represented as having been tried and con-
victed of theft at the Central Criminal Court, when, in fact, he
was neither tried nor convicted. The newspaper had retracted and
apologised on the next day after the erroneous publication, and
had dismissed the reporter. Still the plaintiff went on with his
action.

After Mr. Wilde had opened the pleadings,
i Mr. KNOWLES, Q.C., stated that the matter had been amicably
arranged between himself and his friend Mr. Sergeant Talfourd,
and that they had agreed to a ♦erdict for the plaintiff of 101., with
costs, and to insert an apology.

COURT OF BANKRUPTCY, June 13.
(Before Mr. Commissioner FONBLANQUE.)
THE WINE TRADE—IN RE CURRIE AND SIZIGNETTE.

- -
The bankrupts carried on business as wine merchants at Mincing-
lane, City, and this day came up to pass their last examination.
They were unsupported.
Mr. Bova'. said he appeared on the part of the assignees, to op-
pose the passing of the bankrupts, and, in so doing, he would lay
some of the features of the case before the Court. It appeared to
be one of those firms which, by means of fictitious credit, obtained
through other respectable houses, had lately failed, with an enor.
mous amount of debts and liabilities. It was a case connected
in a measure with Reay and Reay, and the course of business ex-
hibited in some respects similar features. The debts and liabili-
ties of the bankrupts in round numbers were about 170,0001. in
the course of four years and a half. They commenced business
with a capital of about 1,5001. Of this large amount of debt,
87,000/. was secured by the deposit of brandies. The manner in
which these deposits had been made, would, when the details were
regularly before the Court, open a question relative to the con.
duct of the bankrupts, but that would more probably come out at
the time of the certificate. It was now necessary to state :that
those goods, which (we understood) were obtained during
the last year and a half, were not purchased for the wants
of business, but for the purpose of raising money and getting
credit. It seemed that they set out on the idea that the duty
would be taken off brandy, and in consequence went the round of
the trade, merchants, importers, and brokers, and purchased
largely, the presumption being, that if the duty were removed,
there would be a rise in prices. That speculation failing, they
then began obtaining advances on the warrants, which they did by
going to bill.brokers and other persons, whose assistance increased
the false credit. In this manner they went on till their bankruptcy
took place. It was unfortunate, but nevertheless true, that in
consequence of the position the bankrupts obtained, they became
connected with and received assistance from parties who, by rea.
son of the profit apparently accruing from such transactions, did
not hesitate to engage in what could not be called a legitimate
course of business. The enormous commission they paid for as-
sistance seemed to have been a temptation for highly respectable

barns to connect themselves with them in business. It was
found, on looking over the accounts, that a Mr. Godsell, who was
in a large way ef business, had received for commission during one
year on such transactions about 1,0001. The commission of a
broker was ss. per puncheon, and this was allowed Mr. Godsell
on the sale or purchase of brandies. In the course of the 4i years
the bankrupts had been in business their losses were about
136,0001., and their expenses 12,0001. On the last exa.
urination it was required that the bankrupts should give the
detail of the warrants, the date of exchanges that had been
made, and other particulars connected with these elaims, in order
that the assignees might test them for their own satisfaction,
which request must be deemed reasonable enough, when it ap-
peared the accounts for the unsecured credits would not produce
more than two shillings in the pound. The assignees did not wish
to press severely on the bankrupts. What the assignees particu-
larly required explanation of was the dates of deposit, exchange
of warrants, and qualities and description of goods, for in these
respects the accounts furnished little or no explanation whatever.
The bankrupt Currie said the Learned Counsel v., ho had assailed
them on the part of the assignees was misinstructed. Their ac..
counts were very correct, and, he believed, perfectly satisfactory.
They had got into debt, as men in business without capital
would. That was the real case. They had not traded upon fic-
titious credit ; it was mistortune that had overwhelmed them. Alt
their books were accurately kept, and showed the full extent of
their dealings.

The bankrupt Seignette said it was true they had only been in
business four and a half years, as regarded partnership; but Mr.
Currie had been previously In business for thirty years. and he him.
self for forty-five years; they were friends doing business, and
they then joined each other. With respect to the statement of
capital, that could be explained. When Mr. Currie and himself
entered into partnership, they did not take an accurate estimate of
stock which each brought into the business. The 1,5001. was only
the residue derived from sales, in consequence of the depressed state
of the market. As far as purchases were concerned, he could only
say that the principal persons from whom the house had purchased
were friends; and the foreigners who were said to have been de-
ceived by their transactions were among the foremost of those who
had pressed them to purchase, the assurance being that, if they did
so, they must realise large profits. The partnership did not admit
the claims made by Mr. Godsell and others to the extent stated.
He would willingly consent or submit to an adjournment, if his
consent or submission were required, but he really thought no
better accounts could be furnished thad those which were before
the Court.

The official assignee said he was bound to say that the books and
accounts appeared to have been kept in a most accurate manner,
and the balance sheet was drawn out as well as could be.

Mr. Commissioner FONIILLNQUE said he should order an adjour-
ment, without at present expressing any opinion upon the merits of
the case. He thought the assignees were justified, after what he
had heard, in ailing time for examination. He always made it a
rule, when he found very large bill transactions, and larger pledges
of goods, to give creditors the opportunity of making very minute
investigation.

Seignette said it was impossible to give the dates of exchange.
Mr. Commissioner FONBLANQUE —Do not persist in that, as it will
go very much against you when you apply for your certificate.
An adjournment was then made, the bankrupts to have the ad-
vantage of the accounts.