The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1854-01-17 00:00:00

IMPORTANT DECISION IN THE
COURT OF BANKRUPTCY,
YESTERDAY.

MR. COMMISSIONER PERRY gave judgment, yesterday
in the case ex parte Larmoor and Conway, in the matter
of Mr. Joseph Johnson, lime-burner, of this town, a bank-
rupt. In doing so, he set forward a full statement of the
facts. _ _ _

This was a motion submitted to the court by Mr. Lowndes,
solicitor, on behalf of Messrs. Larmoor and Conway,
trustees under the marriage settlement of Mrs. Johnson
with the bankrupt, praying that certain furniture in the
custody of the messenger might be ordered to be deli-
vered up to them. This furniture was admitted to be of
two classes, class one being furniture in the possession of
the bankrupt at Liscard, at and before the date of his
marriage settlement, and class two being furniture acquired
since that date.

The settlement bore date the 20th April last, and was
said to have been executed on the 21st of April, the day
on which the marriage took place. It comprised the
terns furniture, plate, and other articles, then in the
house of the bankrupt, and on this ground the claim to
the several articles included in class two was abandoned
by Mr. Lowndes at the hearing.
The furniture and effects in class one were purchased,
but not paid for, so shortly before the marriage, that, in
one instance, a note was written by the bankrupt to a Mr.
Corkhill, on the 16th of April, pressing him to send
home the furniture ordered of him, and which was sent
home. It further appeared that, on giving the order, the
bankrupt expressed a wish that it might be completed on
the 19th of April, saying that his intended father-in-law
was about leaving the town, and that he was very anxious
to have the things in his house, so that his father. in-law
might see them, and that he expected his father-in-law
to make him a present of a freehold house. The bankrupt
had denied this, but would not undertake to swear that no
such conversation took place.
The bankrupt, who was then in trade, was admitted,
immediately preceding the execution of the settlement, to
have been indebted to several creditors, including the
tradesman supplying the furniture, in amounts which he
had not the ability to pay. Amongst the creditors was a
Mr. Robinson, who bad advanced to the bankrupt, in
March, two sums of £lOO each. Of this debt it was
admitted that Mrs. Johnson was well aware before the
marriage, but it was said that Mr. Robinson contemplated
becoming a partner, upon terms advantageous to the
bankrupt, who had represented his circumstances to his
father-in-law as promising, and that Mr. Robinson only
declined becoming a partner after the bankrupt's return
from his wedding trip. At a meeting of creditors, which
took place prior to the bankruptcy, the debts appeared to
be about £1,485, and the assets to promise about two
shilling in the pound.
Mr. Lowndes, in support of the application, cited the
cases of Campion v. CottoQ7th Vesey, 263 ; and ex parte
M`Burnie, Ist De Gex ArNaughten and Gordon, 441.
These cases his honour minutely examined.
Mr. Evans, on behalf of the assignees, had contended
that the settlement was void, as being fraudulent against
creditors, and so in itself an act of bankruptcy. In
respect of that position, he had rested mainly upon the
case of Columbine and Penhall, heard before the
Vice-Chancellor, and in which judgment was delivered in
March last. The circumstances of this case, quoted from
the 15th vol. of the Law Times, were also detailed at
length by his honour, who cited, in addition, the case of
ex parte Mayor, reported in Montague, 292, and ex parte
, Rutherford.

The learned Commissioner concluded :—Having consi-
dered these cases, and the circumstances of the present
case, however reprehensible may have been the course
pursued by the bankrupt in obtaining credit for the furni-
niture, settled, I do not think that the case made out by
the assignees, in opposition to Mrs. Johnson's trustees,
ought to prevail so far as regards the furniture and effects
in the house, at the time of the marriage. Ido not think
that the fact of knowledge by Mrs. Johnson before her
marriage that her hushand was indebted to Mr. Robinson,
when considered in connexion with the intention of the
latter to enter into partnership with the bankrupt, an in-
tention not abandoned at the time of the marriage, can
affect the validity of the settlement. Those articles in
class 1 must therefore be delivered up by the messenger,
the others being retained for the benefit of the creditors

PRESENTATION OF PLATE TO MR. BRADLEY.—About I
one hundred of the friends and constituents of Mr. Bradley
assembled at the house of Mr. W. Cole, Waterloo-road, on
Thursday evening, for the purpose of presenting him with
a testimonial as a mark of esteem for, and confidence in,
him as a public man.
THE REV. DR. JAMES has suceeeded in bringing the
Llandovery Institution into a very efficient state. The
education there given is of a very superior kind, and great
advantages are presented to natives of the principality in
the shape of scholarships, and exhibitions to the universi-
ties of Oxford and Cambridge. Dr. James was on a visit
to Liverpool last week.
SALE OF HOLMES'S FARMING STOCK, &c.—The sale of
the farming stock, crop, and implements, at Ballacregga,
commenced on Wednesday, but did not terminate until
Friday. Amongst the large and respectable attendance
present were observed his Honour Deemster Heywood,
E. M. Gawne, Esq., Captain Murray, Captain M. Goldie
&c. There were present a number of bidders, and the
spirit manifested by them indicated no scarcity of money ;
consequently everything sold well.—Manx Sun.
THE CORPORATION, which has now paid for more than
twenty years past the rent of the Post-office-place, where
the Liverpool academy have held their annual exhibition,
is, it is said, about to cancel its bond, and throw the cost
on the artist. This item, amounting, we believe, to some-
thing like £250 a-year, is so fomidable, and the funds of the
acaademy are so low, that the withdrawal of the Corpora-
tion support is likely to be followed by the permanent
closing of the annual exhibition.

BALTIMORE AND LIVERPOOL STEAMERS.—The efforts
to place a line of ocean steamers between Baltimore and
Liverpool has resulted in laying the foundation for such
communication. A screw-propeller, the City of Baltimore,
will be placed on the line between Liverpool and Balti-
more in the spring. She was built for the Philadelphia
trade, but will not run there as stated. The City of
Baltimore will touch at Norfolk. There is another screw-
propeller, owned by the same company, which, we are
informed, will be also placed on the line to run in con-
junction with the City of Baltimore, if the proper en-
couragement is given.—Baltimore Times.
BRITISH ASSOCIATION FOR THE ADVANCEMENT OF
Scimrcs.—On Friday a meeting of the general committee
for promoting the proper reception of the British Associ-
ation in this town was held in the Town-hall. The Mayor
presided. About forty members were present. After the
transaction of some routine business, it was arranged that
a public meeting should be called by the Mayor, towards
the latter end of March or beginning of April, to which
Professor Phillips should be invited ; that time being
chosen as most convenient to him. The subscription-list
was then augmented by the names of many gentlemen
present, the amounts varying from £5 to £25. The names
of several individuals were added to the committee, which
now consists of about 150 persons. A vote of thanks was
passed to the Mayor for the kind manner in which he had
forwarded the objects of the committee and the sub-com-
mittees, and the meeting separated. The amount already
subscribed is about £3OO. The amount required is about
£1,500. Mr. M'Andrew, the treasurer, will receive the
names of any who are willing to become donors to the
local fund.

Tux WEITIIEB.—The weather throughout the week
has been variable, severe frost, however, being the pre-
dominant feature. On Thursday night we were visited by
a fall of sleet, and as the snow and rain froze on reaching
the ground, the streets and roads were, in the morning,
covered with a thick coating of ice. On Friday the
squares in the upper part of the town, as well as many of
the roads in the outskirts, presented a novel appearance,
being occupied, at intervals, by expert skaters, who pur-
sued the invigorating exercise without the fear of moles-
tation by the police, since the stipendiary magistrate has
decided that skating on a public high road is not an
offence within the meaning of the bye-law. The canals
were blocked up with ice of great thickness. On Sunday
morning rain fell ; a rapid thaw set iu ; and by the even-
ing the dangerous coating of ice had disappeared from
the streets ; but yesterday the wind again changed to E.
S.E., and was followed by another frost.