Symud i'r prif gynnwys
Cuddio Rhestr Erthyglau

9 erthygl ar y dudalen hon





BRISTOL BANKRUPTCY COURT. Monday—Before Mr. Commissioner Hill. Be R. W. PRICE, Brecon general merchant.— This was an adjourned last examination and dis- charge sitting. I Mr. A. Brittan appeared for the assignees, and Mr. E. E. Salmon (from the office'of Mr. Hender- son) for the bankrupt. Mr. A. Brittan briefly examined the bankrupt, and then laid "the facts which he elicited before the court. The case, he said, was a peculiar one. The bankrupt was in partnership with his cousin, Mr. John Prothero, for two or three years previously to the 1st of January, 1865. It was then agreed to determine the partnership, and the bankrupt took all the assets and was to pay off the liabilities of the firm. The bankrupt continued to carry on a business similar to that in which the partners had been engaged on his own account, and just pre- viously to May, 1866, he was in difficulties in respect of his own debts, and at that time had paid off some of the partnership debts. He then went to his cousin (Mr. Prothero), and arranged with him that he should take the whole of his liabilities and assets, and pay off the creditors. On applying to the creditors, they were found to be all willing to accept the arrangement, with the exception of Messrs. Wilkins and Co., Bankers, of Brecon, who were creditors for between X200 and 00. Not- withstanding this, the arrangement was carried out to a certain extent, and then the bankrupt was sued by Messrs. Wilkins and Co., after an interval of nearly twelve months, and then he came to this court. All the creditors but Wilkins and Co. had received one or two instalments on account of their debts. The debts returned as good could not be dealt with they were either joint or separate debts, and on trying to collect them the assignee was met with receipts and sets off, and so long an interval as since May, 1866, when the bankrupt had the actual control over these debts having elapsed, the assignee had been unable to realise X20 for the purposes of the estate. Under these circumstances, it had been thought right to lay the matter before the court, and to submit that it was the duty of the bankrupt to have come here in 1866, as all his creditors would not come in linden the proposed arrangement. Instead of that, he placed himself in the hands of his cousin, and dis- posed of all his business to him. His Honour inquired whether the assignees de- sired an adjournment. Mr. A. Brittan replied that he did not. The fact was there was no straw wherewith to make bricks on this estate. Mr. Salmon said that when the bankrupt made the arrangement, in May 1866, he thought that he was released from everything but subsequently he was arrested, and was obliged to come to this court from that circumstance. He was willing to assist the assignees by getting some friend to buy I y the debts, and so getting some money into the estate. His Honour said it did not appear to him that the bankrupt had been guilty of anything more than an error of judgment, and that was not pun- ishable. The bankrupt then passed his last examination and was granted an order of discharge.





Brecoii&-I IM-er-t-liyr. I.Mid-Wales…