The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-03-30 00:00:00

e case. tie said the
____ignees of a person of the name of Patrick
who carried on the business of a tallow-chandler, in Rane-
lagh-street, until June, 1846 ; and the object of the action
wnc in rprnvPr a slim Of A 1 .Ofd) which was naid by the

Mr. KNOWLES stat

[aintifts
Hare,

to the defendants, shortly before his
under circumstances which entitled it to be

recovered for the g,

facts werefew and
in Liverpool. There were

leral benefit of the creditors. The
The defendants were soap-boilers
onsiderable dealings between

there was a large debt owing to them by the bankrupt.
The bankrupt carried on business in a somewhat consider-
able way ; and Ire (Mr. Knowles) should satisfy the jury,
that, in the early part of April, 1846, the bankrupt was
utterly insolvent ; that he must have known of his insol-
; that he had acceptances due which he was unable
and that he must then have contemplated
iediahle bankruptcy. He had at that time
ith the North and South Wales Bank, and
in the early part of April certain acceptances were to be
provided for by the bankrupt, the bank having re-
fused to supply the acceptances. But, the bankrupt
having obtained a guarantee from the defendants to the

to take up

bank to the extent oi one tnousanu nye nunureu potato,
the bank then provided for the acceptances. The defend
ants were not called upon to pay anything ou the guarantc

until May the 27th following, long after the time when the
fraudulen preference was alleged to have taken place. On
the Bth, and again on the 11th, of April the bankrupt was
again unable to meet his acceptances to Carne an,l P
and o

ier parties, and in three days after he collected all
his property in an available shape and sent the whole of
it to the defendants. That property then consisted of
bills, cheques, and cash to the amount of X 1,602, and the
' - " n unable to pay his a

'opt, who was

tances,
fn +h.

instituted what the law called a frau-
The effect was, not to pay the de-

fendants any thing they bad advanced on account of the
guarantee; for they had then advanced nothing on that,
but by sending them all the available assets there was
scarcely any thing left to pay the creditors when Mr.
Hare became a bankrupt on the 11th of June. In such a
state were his affairs on the 21st of April that the bank
sent to him pressing him to diminish the balance owing to
them ; and in a day or two afterwards the defendants ac-
companied the bankrupt to his solicitors, Messrs..Avison
and Pritt, to know what he was to do, and then &meeting
of the creditors was held, at which a composition of 4s. in
the pound was offered and refused, principally by the
bank, and on the 11th of June a fiat was issued. It was

for the jury to say whether, under all the circumstances
the transfer of the 41,600 in April amounted to a fraudu
lent preference.

JARTIN contended, for the def

_idants, that the
transaction was lift a voluntary preference, but the fulfil-

ment of a contract entered into between the bankrupt
and the defendant, a proceeding perfectly justifiable and
legal, and that it had not been shown Hare contemplated
bankruptcy when he disposed of his property.
The JUDGE remarked, that, in the performam

contract, if a security were given in i.
lar advance, there might be a fraudulent preference.
then drew the attention of the jury to the point, whetht.
at the time the bankrupt paid over the sum in question
to the defendants, he contemplated bankruptcy as inevi-
table.
Verdict for the defendant.

pea of a particu-
He