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

In re Whitehead [1840] NSWSupC 97

insolvency

Supreme Court of New South Wales

Stephen J, 18 December 1840

Source: Sydney Herald, 19 December 1840

James Whitehead, late landlord of the Yorkshire Stingo, applied for his discharge.  From his schedule, it appeared that he was indebted about £100, of which £55 was for spirits; he was opposed by George Coyle, shoe-maker on the rocks, for the sum of £10 being the half years rent of a farm; the insolvent had offered to pay that sum by instalments of 5s. per week, which Coyle refused to accede to, unless he received the sum £5 to begin with.  The insolvent had been in gaol for a fortnight.  A medical certificate was produced signed by Dr. Smith, stating that the Insolvent was in a bad state of health.  The whole of the Insolvent's assets appeared to be between three and four pounds; it appeared that the Insolvent's trade was a hatter.  His Honor stated that he had no power to cause him enter into any arrangements to pay by instalments and should therefore discharge him, but if he was an honest man he would settle with all his creditors; and instructed the person who appeared to oppose the insolvent, that if ever the creditors could find evidence, that he became possessed of property, they had only to apply to him and he would grant them an order to bring the Insolvent up again, have him examined on oath, and if necessary, he should send him to gaol until they were paid.

Published by the Division of Law, Macquarie University