|Insolvent Debtors Court|
Mr. Commissioner Farrell opened this Court on Monday, and
proceeded with the hearing of Insolvents petitions. The following petitions were in the course of the day
dismissed and discharged. . . .
William and John Ahernwere opposed by Counsellor Forsayeth for Anthony Murray, Mr. O'Brien for Kent & Sons, and Patrick and Richard Hayes; Mr. Fitton for Robert Howard; Mr. Deane for Fletcher Iveson.
Mr. Forsayeth said that by the schedule it appeared that for six years the prisoners returned a profit of £160 a year. They had upon the face of the same schedule appeared to have lived at the rate of five or six hundred pounds a year. They returned as a reason for the deficit that they had to pay £200 a year, for two years, as discount on bills, and attributed their insolvency to the manager of the National Bank declining to do any further business with them.
Mr. Walsh said that the expenditure of the two families was but £250 a year. Mr. Forsayeth said that the bill transactions with Murray came up to June 1843, while there was nothing to account for the money on the schedule. He should satisfy the court on the head of an expenditure of £600 a year, which was made up of rents and other charges.
Mr. O'Brien said that Kent & Sons supplied property to the amount of £ immediately before insolvency. He was further instructed to say that a most undue preference was given to Mr. James Cremen of Cork to whom they owed £410, who issued an attachment, to which Mr. Mulcahy was attorney. At this time an attachment was issued by a Spanish house for £46, which was removed by Mr. J. J. Barry by certiorari Mr. Barry being engaged in business with Mr. Mulcahy. He would further say that the insolvents at the time they were running into debt kept horses, vehicles and country houses. The insolvents were arrested the very last day for going into gaol, and the petition was filed on the 14th June.
Mr. Deane said his clients complained that insolvents became indebted for twelve casks of Spanish wine at a time when they had no means to pay, they having given the wine to Mr. Hackett in part payment of a debt then due.
Mr. Fitton opposed on the ground of suppression of property.
CourtThe debts are large, £4,426.
Mr. ScannellThere was Mr. Murray receiving 60 and 80 percent.
Mr. MurrayIt is false.
CourtTake care sir, remember where you are.
Mr. Scannell said that the bills were cashed at the rate of 40 percent
Mr. Forsayeth said that he would hand the book to the Court.
Anthony Murray was then examined by Mr. Scannell.He commenced discounting bills for the Messrs. Ahern in July 1842. The bill was for £112, payable six months after a date, having but four months to run. Thinks he gave £100 for the bill. The next was for £35 16s. at three months, for which he gave £32; then £32 10s. at three months, for which he gave £30.
To Mr. ForsayethGot two policies of insurance from them for £500 each, but they never assigned them.
CourtSo much the better for their creditors.
Mr. ForsayethI put forward these facts to show that the insolvents were aware of their difficulties.
Mr. O'Brien said that the defence made against Mr. Murray was a strong case in favour of bona fide creditors.
CourtHow much do they owe the Banks?
Mr. ScannellThe Provincial Bank £170 and National £1000.
Mr. Walsh said that after their embarrassment in 1837, when they compromised for 7 s. 6d. in the pound, they took a house in Patrick st., at £105 a year, on which they paid £200 fire and expended £409.
CourtIn addition to that they lost £200 on a speculation to Barbados, and £200 a year for discounting.
Mr. Deane wished the insolvents would account for taking twelve hogsheads of wine on the 8th February, which they gave to Mr. James Hackett on the 12th February, giving an undue preference.
James Cremen swore that he got Mr. James Joseph Barry to issue an attachment against the insolvents for goods and money and finding that they lived too high for their means he proceeded against them. Mr. Murray and a Spanish merchant had also attachments.
To the CourtI had no collusion with the insolvents and merely noted from my own mind. I did not get the money yet, as the Sergeants-at-mace were noticed not to pay it over in expectation of a bankruptcy suit, and I have heard that a docket is struck by Mr. Jub.
Mr. J. J. Barry swore that he had been the attorney to the insolvents and that he had a conversation with Mr. Cremin in respect to his debt, and issued the attachment. He did not act in respect to the attachment with the knowledge or at the desire of the insolvents.
William Ahern, insolvent, swore that he went to Mr. Howard for some empty Roman cement casks, and got over 20, in which he shipped wines to Barbados three weeks before the attachment, the bill of lading [for] which was handed over to James Daly and Co. in payment of a debt.
CourtThese men have laid a great deal of misfortune and have been guilty of improvidence, but there does not appear to be any fraud. The insolvents were discharged.
. . .
Henry Rubie was opposed by Mr. McNally on behalf of Doctor Ahern, on the ground that insolvent was never in custody.
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