A preliminary meeting of the creditors of Henry TAYLOR of the Bird-in-Hand publichouse, Castle Street, who filed a petition in bankruptcy on the 31st of January -- the liabilities being set down at 178l 3s 2d, and the assets at 44l 18s 8d -- was held at Courts, Carlisle, on Tuesday. Mr. RICHARDS, Devonshire Street, was appointed trustee, and the public examination of the bankrupt was fixed for the April court.
APPLICATION REGARDING A BILL OF SALE.
AT the Courts, on Tuesday, before Mr. H. J. HALTON, registrar, an application was made by Mr. BROWN (on behalf of Mr. B. C. PULLAN, solicitor, of Park Row, Leeds), regarding the bankruptcy of Thomas SAUNDERS, farmer, Haltwhistle, who lately filed an estimate of his liabilities at 1650l. On the 24th of Mary last, Mr. Abraham COLLINS, of Leeds, obtained from the bankrupt a bill of sale for 210l, and of this sum 170l was due at the time the bankrupt instituted liquidation proceedings. Immediately prior thereto, an agent of Mr. COLLINS demanded and obtained possession of the stock, cattle, &c., which were removed in satisfaction of the deft. A meeting of the creditors was held, and Mr. CAMPION, Harrington, being appointed receiver in the estate, applied to the Registrar for an order restraining the sale of the stock seized by the bill of sale creditor. This order was granted. -- Mr. BROWN now asked that an order be made to enable the trustee to sell the stock, and to pay the proceeds into Court; that the receiver be required to give a guarantee for any damage sustained to the bill of sale creditor through his action; and that the order made be discharged. -- Mr. MOLE, on behalf of Mr. CAMPION, opposed the application. First of all there was a question as to the validity of the bill of sale. -- The Registrar said it had not been registered; but any points regarding its validity must be reserved for another court. -- It was then agreed that the stock in possession of the bill of sale creditor be sold, the gross proceeds to be handed into court. -- On the question of the receiver giving security for any damage or loss caused to Mr. COLLINS, through his action, Mr. MOLE said it was unnecessary, and asked the Registrar to take no notice of the affidavit. -- Mr. CAMPION declined to give any security, stating he would rather resign than do that. -- Mr. BROWN said, seeing that was the case, he would ask that the order be not discharged until the money had been paid into court. -- The Registrar granted the application, which leaves the receiver responsible for any damage incurred by his action up to the present time. -- Mr. BROWN applied for the costs of the day against Mr. CAMPION, but the Registrar declined to make an order.
Re MILLER -- EXAMINATION OF MR. MILLER, PENRITH.
On Wednesday, at the Courts, before the Registrar, Mr. H. J. HALTON, an application was made by Mr. Brown, on behalf of Mr. REDDISH, trustee in the bankruptcy of Joseph MILLER, carter, 90, Union Street, Carlisle, whose liquidation proceedings date from the 6th of December last, to have Mr. George MILLER (the bankrupt's cousin), horse dealer, Penrith, examined regarding the removal of property belonging to the bankrupt in November last under a bill of sale. Mr. WANNOP, who was present with MILLER, produced the bill of sale, dated the 22nd of November. -- It appeared the liabilities of the bankrupt amount to about 1400l. -- George MILLER, sworn, said: I took possession of a number of horses, carts, wagons, stable utensils, household furniture, &c., belonging to my cousin, Joseph MILLER, Union Street, Carlisle, on the night of the 22nd November last. I came to Carlisle with the last train that night, and the property was taken away between nine o'clock and midnight. I bought the horses and goods, and paid for them that night. I paid 300l for them. On the 22nd November the bankrupt came to Penrith, and we, in company with Mr. LAMONBY and Mr. ARMSTRONG, Penrith, were in the George Hotel. I borrowed a cheque from Mr. ARMSTRONG for 100l, and gave it to my cousin. A day or two after I paid Mr. ARMSTRONG 100l, and produce the receipt. I am not aware the cheque was burned that night; it was not destroyed in my presence, nor do I know anything of what became of it. I left the bankrupt at the hotel. The balance of the money is accounted for in the book I produce. -- [Mr. BROWN said there were several entries in the book, in the handwriting of witness's brother, showing that the bankrupt was due to him 201l 10s.] Witness, proceeding, emphatically denied saying, when he gave bankrupt the cheque, "Stop that in the fire." -- Mr. BROWN: Have you sold any more of the horses or articles you took away from the bankrupt: -- Witness: I have sold five of the horses; they realised 120l 10s.; and that is rather more than I valued them at at the time I took them away. I have a mare running at present. She may be worth 20l. I sold a lorry for 25l, but the household furniture and the other goods are yet in my possession. When the bankrupt called upon me on the 22nd November, I pressed him for money, but he said he was unable to pay me then. I told him I must have some security for the debt owing, and he said "Well, I'll sell you the whole lot." I said -- "I'll buy, if you will take a reasonable price." He mentioned the horses he had and the other things, and a bargain was made for 300l. I never arranged to give him that sum, in addition to the money owing to me, for his property. The bankrupt was perfectly sober at the time. I did not look at the cheque; I simply endorsed it after Mr. ARMSTRONG filled it up, and handed it to the bankrupt; he never asked where he would get it cashed. It was a legal cheque. -- Mr. BROWN: Was it not a piece of paper with some writing on it? -- Witness: It was not; it was a bank cheque. -- Mr. BROWN: As a matter of fact, was the property you took not worth 500l? -- It was not. I had valued it about its worth. I knew I was not buying all the debtor had. The articles unsold will be worth about 150l. -- Mr. BROWN said it would be necessary to have the evidence of Mr. ARMSTRONG, who gave the witness the cheque. -- Mr. WANNOP: You have the receipt. -- Mr. BROWN said that would be placed in the hands of the Registrar. -- The case was then adjourned for Mr. ARMSTRONG'S evidence.