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Does anyone understand bankruptcy? - completed

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ProfilePosted byOptionsPost Date

lainie39

lainie39 Report 23 Jul 2011 21:58

Hi Ria,

No - I too was disappointed that I couldnt find the May hearing! That is why I wondered whether the judge just threw him into prison in frustration!!!

He is my g.g.g uncle - so although not a direct blood line I must admit that I am intrigued by him. Sounds like a rogue and possibly a bit of a charmer to me!!!

;-)

Slug & Lettuce

Slug & Lettuce Report 23 Jul 2011 22:18

Hi Lainey,

I have it. Was half way through when I pressed something and it disappeared.

I will have to start again. (lol)

Ria x

Slug & Lettuce

Slug & Lettuce Report 23 Jul 2011 22:42

Nottinghamshire Guardian (London, England), Friday, May 24, 1867
Adjourned last examination and discharge. Mr Maples represented the official asignee and Mr Sugg of Sheffield the bankrupt.
Mr Sugg said he did not think there was any opposition, Mr Maples merely wishing to call his Honor's attention to the bankrupt's conduct. Mr Maples,however said he desired to examine the bankrupt, who said he formerly carried on business as a provision dealer at Nottingham and Ilkeston. On the 9th February last year he left his business and went to America and did not return until August. His brother managed his business for him. He left because of family grievances. He had done good business; the total takings on a Saturday might have been occasionally £20 to £30 but on other days he might have taken £2 or £3. Sometimes his cash book went two months without being posted up. He did not know how long it remained unposted before his bankruptcy. The amount he left unposted might be several hundred pounds. He took £30 with him to America but had no remittances sent to him. On the 14th February his property was sold by his creditors.
Mr Sugg : That is all explained in the accounts. Bankrupt said no legal proceedings were taken by those creditors. - His Honor : The we must have their names of course in order that the assignee may sue them.
Mr Sugg : The information is in the balance sheet,
Bankrupt, further examined by Mr Maples, said he believed his property at Ilkeston was sold on the 15th. He heard that his wife had sold some of the goods at Ilkeston. His Honor : He goes away with £30 and leaves his wife to dispose of everything. Mr Maples : That is the simple story of the case. According to the statements filed, she has accounted for certain portions of the property. The bankrupt stated that he first heard that a petition had been filed against him when his was in Brooklyn, New York. His Honor : What did you do in America? Bankrupt : I had a situation and was not in business for myself. I had 25 dollars a week. I came home directly I heard that a petition had been filed against me. Mr Maples said the bankrupt had been guilty of great impropriety to say the least of it. He had gone away and left two businesses, which a few days after were sold and disposed of. His wife received £154 of the produce of the sale. His Honor : Has she given any account of the money:
Mr Maples : Yes, she seems to have paid away certain amounts.
His Honor : Has she been examined:
Mr Maples : She was not forthcoming until last week.
His Honor : Until she appears we cannot discharge him
Mr Sugg : She is not summoned. She appeared last week upon notice, but to suit the convenience of the court the case was not called on, your Honor having to hurry away to catch the train.
His Honor said he was obliged to leave last court day, but he did not go away earlier than usual. Mr Sugg must get the bankrupts wife to appear another day.
Mr Sugg : Do you really think this necessary: This is the eighth time the bankrupt has been here and twice it has been adjourned to suit the convenience of the court.
His Honor : It is necessary in order to know the facts of the case to have an adjournment. If it is adjourned 20 times, I cannot help it. I must have the facts before me.
Mr Sugg complained that there was no justice in these adjournments to suit the convenience of the court,
His Honor said whether it was the fault of the court or not, that was no excuse for the bankrupts conduct. He should not be satisfied unless the wife was produced.
Mr Sugg : Do you refuse the order of discharge: That is the point in question.
His Honor : You take a very wrong view of the matter. I have not said anything about refusing the order of discharge. You must first show that the bankrupt is entitled to it.
Mr Sugg : If you refuse the order of discharge I shall appeal
His Honor : You are pursuing a line of conduct sir, which you ought not to do.
Mr Sugg : Very well, I shall not appear again in the case. =
Adjourned until 4th June.

Off to bed now...........

lainie39

lainie39 Report 24 Jul 2011 00:11

You are SO clever Ria - where on earth did you find that?????

THANK YOU

Elaine

lainie39

lainie39 Report 24 Jul 2011 00:20

Found your link this time Perchino - I will explore this further tomorrow. Thank you so much!

Elaine
:-)

lainie39

lainie39 Report 24 Jul 2011 12:33

I have found the last paper report in the Nottinghamshire Guardian on 7th June [hearing the 4th] and he was discharged after the court heard evidence from his wife [sounded like they were seperated - yet in 1881 they were living together on the census!] I think she must have given a good 'performance' whilst giving her evidence. The judge, begrudgingly, discharged him from bankruptcy. So if he didnt go to prison where was he?

He must have gone to USA in 1871 - cos he isnt on the census - yet back here in 1881??? I assume that he then emigrated to USA. I dont think he took her with him - yet I cannot find her on the census either.

Relatives, eh, nothing but trouble!!! lol

Perchino

Perchino Report 24 Jul 2011 17:55

He must have given an address to the Court and has told the Court that he was in London. If you trace the Hearings in the London Gazette reports on site reference above you may find his address. As you have the year and an idea of the date of the Hearings it narrows the search.

Slug & Lettuce

Slug & Lettuce Report 24 Jul 2011 18:05

Glad you found the final court hearing. I expect he went back to America and the wife followed.
Her performance must have been oscar material, because I think His Honor was on the ball and it convinced him. I really enjoyed the banter between him and Mr Suggs. Especially the I give up bit - Mr Suggs (lol).

I hope you find what you are looking for to complete the story Lainie. I have really enjoyed reading about this character.

Ria x

lainie39

lainie39 Report 24 Jul 2011 20:09

Hi Perchino,

I have tried to search on the London Gazette page - but to be honest I am not having much luck! I must be doing it wrongly - but I dont know what I am doing wrong if you know what I mean? :-S

If I fill in his name on the 'with all the words' then I get hundreds of hits but you would be surprised how many Woods there are AND how many references to wood [panels, floors, doors, trees etc] there are.

If I fill in his name on the 'with the exact phrase' then I get no results at all!!

The newspaper reports Ria has kindly found for me are from the Nottinghamshire Guardian - lancashire libraries online.

lainie39

lainie39 Report 24 Jul 2011 20:12

Hi Ria,

I am glad you enjoyed reading the reports - it does all sound rather comical doesnt it? [and people think that Rumpole is made up!!!]

I may never know exactly what happened to them - but putting 2 and 2 together I think we can assume.

Elaine x