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

In re Bullett [1841] NSWSupC 67

insolvency - imprisonment for debt

Supreme Court of New South Wales

Stephen J., July 1841

Source: Sydney Herald, 15 July 1841

INSOLVENT DEBTORS' COURT.

BEFORE MR. JUSTICE STEPHEN.

Mr. William Hughes Bullett, who had been remanded from the last Court-day, again applied for his discharge under the Act, and was opposed by Mr. Rodd, the attorney for Mr. Francis the upholsterer, and by Mr. Sharp in person; he was supported by Mr. BROADHURST the counsel; after a lengthened examination from Mr. Rodd, who examined witnesses in support of his client's case, the Court sentenced the insolvent to three calendar months' imprisonment in the common gaol for contracting the debt with Mr. Francis, without any reasonable expectation of being able to pay it, and also for having culpably squandered his means; and his Honor said that he hoped this sentence, which he felt bound to pronounce in this case, would operate as a check to those who were recklessly contracting debts with tradesmen without a reasonable prospect of being able to pay. Mr. Sharp was then appointed assignee.

Published by the Division of Law, Macquarie University