The Times 1821 - 1830 Jul 10 1830 Thomas Robinson Insolvency

Jul 10 1830 Thomas Robinson Insolvency

The Times, Saturday, Jul 10, 1830; pg. 4; Issue 14275; col C                INSOLVENT DEBTORS' COURT, Friday, July 9.                                        ------------------- Thomas ROBINSON, late of Carlisle, watch-maker and jeweller, came up to be heard on his petition. The insolvent was not opposed, but it appeared in examination by the CHIEF COMMISSIONER, that having become security to the bankers at Carlisle for two other persons, he gave those bankers a warrant of attorney on the 10th of March last, which they put in force on the 17th of April, and took every thing that he was possessed of. They did not dispose of the property by public auction, but put his (the insolvent's) brother into the shop to sell it in the usual way, accounting to them for the proceeds. CHIEF COMMISSIONER. - That warrant of attorney is void. Mr. COOKE, for the insolvent, admitted it was, and said that a person was present who wished to be appointed assignee. Mr. PORTHOUSE, a watch-maker, who had supplied the insolvent with some of the goods taken by the bankers under their warrant of attorney, here applied to be assignee. The CHIEF COMMISSIONER informed Mr. PORTHOUSE that the Court would appoint him, and stated, that under the 32d section of the Insolvent Debtors' Act, the warrant of attorney was void. He should therefore give the insolvent's brother immediate notice not to pay any more of the proceeds of the sales to the bankers, but to him as assignee. Every voluntary assignment of property such as this, if given by a person in insolvent circumstances, was invalid, and a warrant of attorney given within three months of a party's going to prison, was actually void under the act of Parliament. The learned Commissioner wished these facts were more generally known, and that creditors would exert themselves a little more for their own interests. The insolvent was then discharged, and he was informed that he must render every assistance in his power to Mr. PORTHOUSE, his assignee, towards the recovery of the property.

 

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