Insolvent Debtors' Court,...
The Times, 1824-01-21T00:00:00

Edwartd lTllarnasoe Hay was ooposel by AMr. POLLOCKc, for Alr. Buck and other creditors. The insolvent had been a clerk in the 'ar-office, at a salary of I 1301. a-year. In the year IS21, his afPairs baving become emhbar- ! rassed, his father came forward and paid ten shillings in the pound to all his creditors. The insolvent then had his salary to live upon; j but taking a country house, setting up a gig, and living extravagant- ly in other respects, he again became embarrassed, and incurred debts since his compromise to the amount of upwards of 9001. The CouRT, in giviig judguient, aniniadverted in strong teris upon the unjust extravagance of the insolvent, after his fadier teadr kinlly seuled his tbrmer debts fur him; and ordered him to be re- manded within the walls of the prison for twelve calendar month, for contracting debts withoutliavingany probable mneans of pay)ig them. SVawmeli JVlilliamrn Dakines Fores was opposed by MiSr. HEATIt for Messrs. Charmpion and Green, vinegrar-merchants. It appeared tbat the insolvent lIad been in the employment of the opposing credito.s as their collecting clerk. In the vmanth of Sep- tember, 18021i tlrey began to suspect, from the irregularity of the in- solvent's attendance to settle his accounts, that he was defrauding them, and upon Air. t-reen stating his suspirions to him, he con- fessed that he bad received monies to the amount of 338L, for which he had not accounted* and he subsequently acknowleged that he had detained 1201. mQre. Messrs. Champion and Green, in the preced-. ing lay,.,when they had no distrust of the insolvent's honesty, took bond of security rom his father and brother for 4001.;. upon which they afterwards sued them, and recovered a verdict subject to a re- ference. The reference, however, wvas not proceeded witl, in con- sequence of a part of the mensey having been paid by the father and biro1.h&r. Air. HEAT1t contendedl tbait h,e had established a clear case of enMbezzlement against the insolvent. Afr. POs.nOCK, on thc othef side, argued that the opposing credi- tors had waved the fraud by their sutbsequent comnpromise with the insolvent's family; and had thereby disentitled themselves to op- pose hi .discharge. The Couihrt oobserved, that as the case slould stand over to file alfidavits, they wobldnot at present pronounce their final judgmlent; at the same time,they thb'gfit it right to state, iltat they considered this a verv different case from o&e ini which a creditor, after a debt had been'contracted with him-tbrotfgi' fraud, thought proper to ac- accept of some securit for that debt, by v;luch ' he Mfust be consi- dered to have waved feraud. Here~. the cretitoi-s btad onlv taken proceediohngs upon hsecuritv which they had received before they had anty knowledge or suspicion of the fraud of wliich they complained. The case on the part of the insolvent was one of great enormity: and this Court might be complained of with, justice, did they not afford all the protection in their power to creditors in the sitiatisn of Mcessrs. Champion and Green, by visiting sucl frau:hulent conduct on the part of their, servants wvith a very considerable extent of pui- nishment; what that. extent would be in this case, the Court would pronounce when the insolvent was nest brought up. The case was then adjourned. to the 2d of February, to file affl- davitsl: lfrrn Cozen., a linen-draper, at. Kensington, was opposed by Henry Eatoh, in-person: in reply toe whose questions the insolvent said, 1 have been ncquaintcd with Thomas Thurtell, and WUil. ham Probert, for thirteen or fourteen years. I hold bills of theirs to theamount of 2131.; for wlich I gaYe, shop goods and cash. I received a warrant ofattorney from Thurtellas a collateral security for this surn. I did notgive ndtlce of the-dislhonour o,tlhe bills, as I understood I was to have the warrant of attorney. A r. Noyes is the drawer of one of 'the bills, and Wrm. Probert of another. I cashed them on the credit of Thurtell. and Noyes jointly. In con- siderstion of receying the warrrant.of attorney f'rom Tburtell, I con- sented to forego my clainm om No)es. Thoarns Thurtell is the ac- ceptor of the bills. I ebrodight them- to e tno, have thern discounted stating that he had been accommnodated by his friends, and if I would discount the.n, they vwpuld be xldly honoured. 1 proved a - debt of l42l. und'er'ProberS's commission; it is upon an oid transaction of 1820. 1 have not purcbsaed goods to the amount of 501. for many monthn ; :Ihad-no-stck a monthsiiige,.but what I btve sold and nientioned in my schedule. - 'stoek to Mir. Stenssn. I do not say in my schedule thlat I hAve; h* i's-a doctor oi3physie, and,notlikelyto want st*wlf Thelease of in jI;use :a:pu.-chad' at a public auction, undera a' catmnaisss.O bankrsuptcy. I was a banlrupt in 1817. Since thel have:Ad 1o1- household furniture' of my* own; I bad' the' uie of some. It was Ilr.'Stepsqu.'s. He purchased it from the assigaeis uinner rniy commission. TIlc allowed it -to rcmain, on the- prenisesrfbr my use, fior - .:which I was to accoimmodate lim -with j.z room when he came to I,ondon 'twice a year.j-e lived st.; Bq8prtow- on-the-wvater, in Glacestershire. I swear ;irvias Dr.' Stenson's pra- perty. I have had no w ine in my ceII-ar for fon. oiflve yearss inure- than a 'deen at a time. - At one time I believe I hai six doFen, 'ut never bad more. I have-no-bcer,lhaviog made none. I &swear tai- '1 nevermlade overtures tcoanybody to allow nne,to ass3 iio-Yerthe - goodsin mjinhop for the Imrpbse of-d1effamfdsnga my creditors; EI never'made'satch overtures to MUr. Woods;i Priever possessed any houses att Klensington, nor any gro d refs."' 1m glmhtbave sa1d tbat; I received the rents of some honses' 'ersi n agent.' 1' never put: off n'y eteditors when theyapplied to mer. lii40ney, saying that J hlad nt6 yet received my renis. "'l.was aii. fof'Th thtrte31 as- riecenly-as-Juna or Jul& .sIst; for 18hnds2 . J have nt been) bail since then.; perhaps tbat was witlin thIee montfis. -l tsOt. 'state exactly. I was bail for hini rfive or six acdans, .gmo.Int5ng nltoge,t)hir to abosisl100;1.' was' notisall 'orhim'in thje 3psdemeai1ostr_ l1Ir4Ir EAT3S-bere'interposed on -behalf of tie mnoIlten't. -I ; 'r.;' 'Eatonnvsh'e&tpreve-the bail, let him proddee the fail pieg,-oX prove itin' 'odme tther legal wijy He had no nght tiput.tgse" :questifDs.; - DIr. Eaton was then sw6ibn, and said-I am: an att,tey i oaUed :on .Mr; Cozens about three ingntbl since, at Kensmgsm Hts shopj *theenarpeared to Mare agreat quantity of goods in itk I'reqi6ctt' 'MALr. Cozens to pay mie part of my account. He saidihe could nne any noliey'-but:-1niight take it cut soods He sho-ed'mesd quaiity, jinong.c't .ui ch were some table-eloths of -the 'valuebo lQlrF eacr,bsit,oasl'didiidt understand these ma"ters he-requ6sted"I' *wossld :allow vM'ri Eaton to go oin the fqllowing 21:4nday' of Tusitday. 'She went aecdrdinglyX but-returned idtglout an? godS lr.' (lozen's hiui'of een reFtated to me, that he had ~housesz ;Or ';rOtWd ~renss. 1 a6i?'r Thinitow hich;' and upon one 'oce *nI vwnefl\Inpphte 'to hiin for,money,he stated that te had-net s I heard him speak of his propertv onpe, 'aboutog or 14 moths ag , w%len hcwas't3lking td 11olding. 1 Iea;d wi' awear,rabout a. y :and n half ago, wlhen lie was bec6mingbxij tor Noyrs, tha he was wortlt 300L . . ' ' - ; . A 'ir41"kArAn.-R it now appeas'fromn his schledule that ther- is S08l due to him, 'whilst his own, debts only amount to 3001.- W'stess'creis.e-aamined bv byMr: 'Oss;-.:was atsobey far Noyes, and subseouently for' Cozens. I hare delivered' d- my bill. .Noves is a vi'ne.ierchant residing at.No.'lrB,in theStranud - lqsqlvent examined by A ir. 'H i'ils;'A1ydebts amount to abont 3001: TL'gdb'debts due tomieauiount to'1701. lhecetldel1bave: become t6; on rny oath the goFdi'w&6 'fuWnIitlied for theni. I had no rents 9butwhat I received as agent; Mr. EZton was n,'VttoMfleY:' he sen n'e:>lbilb aboutn fortnight bifne lie called foritS; o5tunt- Rie tibi'n cameand'said he vas'5o short of money he w if I wouild let him have somdi "boey-by Christmnass, 11'his trwis -in the beginrdii lof November,.and I promised to do -eo; a nd on- he 17t of 'the'sanme mouth hIe took out a writ agalnst. ii'u i'd loir1eeR ' nue up. 9ck as had goods aid cash of'nme to the annou'pt, I firml; 'believe, of all-that is justly due to him, if I h 'a time to bave nis hi,lP tazed. I'hafe paid him to the amount of 26,1. or 3'01.; rbefse, tJiii I never was askev'foradebt,norarrestedir,mylife. Hewell kiii' of the losses Yl iad ustained through those parties, of one of'-whonl" lie was tlm'eittorncy. He knew. oft my afiairs from 'oysS T, shOp miciht' haive' had rhe appearance of goods. from a few nimuJi- - nmcga'rend it. Voctor Stenson had no clahin ppon any thi69gbut'th furnitqro.- ' ' iz'. EAton donied that.he was acquiit'nted with the state'o,f tic in. solvent's afftirs,' . . a The'Counp'-There isnothing ih this case to bring itf un~dr*t act of Parliament. l$ut let the insolvent insert ii hissehedula' thbe statement which he has_given respecting the furniture. ',' j ' Mr.-'Eaton."Had4Ythat s:atemenCt appeared so the schedule,: .' should' nQi have opposed Air. Cozens. - X V Insolvent._I am very much obl;ged to you; bat I am not sorry you have opposed me, for it has ilforded sue an oppor.unutyr-ofex, planatiun, which I sbould not otherwise have had.' The CHniti Comssasso-It.4 -lt was a veri' fAir inquirv, Sr,1on the part of IMr: Eaton, and conducted with no unkindness tolrreds you. The insolven't having altered and sworn to his scliedule,'' The CoUR-r declarc'd that he was entitled to the bencfit of the actf ipnd ordered him to be discharged forthwith. IATSOL VEiV T DEBT ORS' CO UJR T. Tnesdaw, Jan. 20.