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Decisions of the Superior Courts of New South Wales, 1788-1899

In re Salmon [1840] NSWSupC 85

insolvency, imprisonment for debt, the rules

Supreme Court of New South Wales

Dowling C.J., 10 November 1840

Source: Sydney Herald, 11 November 1840[1]

Edwyn Henry Salmon, of the late firm Webber, Walker, & Co., applied for his discharge in the suit of Robertson the firm of Webber, Walker, & Co., on the ground of having surrendered all his personal estate to the detaining creditor.  He was opposed by Mr. Poignand, on the ground that his client could not obtain a preference with respect to some property in the hands of one Munro at Hokianga, for Paul & Co., on which that firm has a lien of two-thirds.  The whole of the timber in the hands of Munro was sworn to be worth at least £1100.  The insolvent had been living in the rules for nearly the whole time he had been in gaol, and this expense had been nearly £2 15s. a-week.  The whole sum on which the insolvent had been incarcerated, was £46, exclusive of the costs of obtaining the verdict.  On examination the insolvent admitted that there was a ring and a watch belonging to him which was not in the schedule. His Honor said he had no power to give the plaintiff preference in regard to the timber, but he could appoint an assignee; he also considered that the non-insertion of the watch and ring in the schedule, was sufficient ground for his remanding the insolvent in order to allow him his schedule. The insolvent subsequently deposed that when he joined the firm his capital was £600.  His honor was sorry to have to remind him, but he considered it necessary to do so, least others should not make a full disclosure of their affairs, although he considered that it was merely an oversight on the insolvent, that the watch and ring had not been inserted in the schedule, he was then remanded for a few days.  His Honor subsequently appointed the Under Sheriff, Mr. John Stapple, as assignee, to whom the watch and ring were ordered to be surrendered.

Notes

[1]              See also Australian, 12 November 1840, calling it the Insolvent Debtors' Court.

Published by the Division of Law, Macquarie University