Carlisle Patriot, 20 Nov 1824 - Insolvent Debtors' Court, Appleby

[petra.mi...@doctors.org.uk]

Saturday 20 Nov 1824   (p. 3, col. 1)

 

INSOLVENT DEBTORS' COURT,

APPLEBY, Friday, Nov. 12.

 

Thomas Barton BOWEN, Esq., took his seat at ten o'clock in the morning.

 

The case of Emanuel WESTGARTH was the first called and he was opposed by Mr. Thos. HUTCHINSON, of Newsham, the detaining creditor; but the debt being disputed in the schedule, the Insolvent's Attorney submitted that the case could not be gone into unless Mr. H. could first establish his claim. Mr. HUTCHINSON deposed that he sold a racing mare, called Juliana, to Insolvent for £200, for which sum he held his note, and which was still owing to him. On being examined by Mr. WEYMSS, he stated that he had received £10 in part payment, and had bought a mare of Insolvent, the price of which was not fixed; he was to be answerable to Insolvent for such a sum only as she might be sold for by him (Mr. H.), which was £20; but the expences of keep and training being much more than that sum, he had a further claim upon Insolvent for such extra money, and the original debt of £200 was still owing. The Insolvent was next examined, who admitted the purchase of Juliana, but said he had paid £10 in part, and selling a mare to Mr. HUTCHINSON for £40, thereby reducing the debt to £150; that subsequently HUTCHINSON agreed to remit the debt, on condition that Insolvent would hand him the mare Juliana for the purpose of running at certain races, and that if she proved fortunate the Insolvent was to be answerable for a certain sum, but on the contrary, then the £50 already paid was to be considered final. She proved unfortunate, and in consequence he did not consider himself at all indebted to Mr. H. Mr. WEYMSS, Insolvent's attorney, proposed reading a letter from a person called JACQUES, who was present at the making of the bargain, the substance of which corresponded with the statement by the Insolvent. JACQUES was not in Court, altho' he had been requested to attend. Commissioner:—His attendance might have been compelled by subpœna. I cannot allow the letter to be read; but as a prima facie case has been made out I will allow the opposition to go on. Insolvent was then examined by Mr. HUTCHINSON's attorney, in answer to whose questions he stated that he had sold the mare Juliana to his father for £33. He had no kind of business in hand himself, and had lived with his father for 4 years. He had paid taxes, but it was for a surcharge of saddle horse duty, and for horse dealing. The Commissioner thought it disputable whether HUTCHINSON had any claim; at any rate there was no effectual opposition, and the judgment of the Court was, that Insolvent was entitled to his discharge forthwith, but he was strongly admonished as to his future conduct.

 

The case of Hannah ATKINSON, of Winton, was next called upon. Mr. CLEASBY, of London, was the detaining creditor. Mr. WEYMSS, Insolvent's attorney: I applied in the regular way for the release of Insolvent by petition, and stated that she had assigned over to the provisional assignee property to the amount of £59 7s. Subsequently the provisional assignee issued to me his authority to take possession of, and sell the property so assigned to him, accounting to him duly for the proceeds thereof. I then caused the property to be advertised, and proceeded on a given day to Winton, with Mr. WRIGHT, the auctioneer, for the purpose of selling the same. I found, however, that a sale had previously taken place, under a distress for rent, by the landlord, William MAUGHAM, between whom and the son of the Insolvent an agreement had been entered into for the purpose of enabling the former to sell for a year's rent, when, in point of fact, it would not have been regularly due until the Candlemas of 1825. The Landlord refused to account to me for the proceeds of the sale, stating that the son of the Insolvent was alone his tenant, and that he had nothing at all to do with the mother. The son also claimed that part of the property which remained unsold as belonging to him and not to his mother. Under all these circumstances I thought it right to decline having any thing more to do in the matter, and accordingly threw up the papers. Commissioner: You acted very properly. Let me see the schedule. Mr. WEYMSS: When I threw up the case I returned the schedule to the Insolvent, with directions to have it filed at the office of the Clerk of the Peace ten days previous to the order for hearing. R. S. STEPHENSON, Esq., Clerk of the Peace: No schedule has been filed by the Insolvent with me. Commissioner: Then we cannot go on; the case must stand over until next circuit; and addressing the Insolvent he said—Mrs. ATKINSON, I have decided between six and seven thousand cases, and am too much used to these kind of tricks to suffer them to be of any avail. There seems to have been an improper understanding between yourself, your landlord, and your son; but you may rest assured that you will never be discharged under the Insolvent Act, unless your property is properly accounted for to the Provisional Assignee. The Court must have the sole disposal of your property, otherwise you will not be allowed the benefit of the Act.—Mr. WEYMSS:  I think it right to state that I will have nothing more to do in the business.—Commissioner: Then she must employ some other Attorney.—Mr. WEYMSS: She must.

 

Edward ATKINSON, of Preston Richard, in the county of Westmorland, farmer—no opposition. The Commissioner, however, questioned insolvent as to his schedule. Mr. SUART was the detaining creditor; and it appeared that a short time previous to the Insolvent's going to gaol, he had executed an assignment for the benefit of his creditors, the assignees under which had sold property amounting to £26; but no dividend had yet been made, the money of the sale not being due until the 1st of December next. Mr. SUART refused to come in under the assignment. The assignment was handed to the Commissioner.—Commissioner: We look with a very jealous eye upon these kind of assignments, and never will tolerate them; we set our faces entirely against them. The Court must have the sole control and disposal of the property of insolvents, or they never will be discharged under its authority. By a late act, however, all assignments of this kind executed after the 1st of September last, will be null and void. The judgment of the Court is, that on Thos. ATKINSON (who is one of the assignees under the present assignment) accepting the office of assignee under the direction of the Court, and executing a counterpart of the assignment from the provisional assignee, then the Insolvent shall be discharged. Thso. [sic] ATKINSON agreed to this.

 

Donald M'KENZIE was called: out of custody. Petition dismissed.

 

Robert TADCASTER, late of Kendal, draper—no opposition. Discharged forthwith.