Ex parte Nowlan, a Bankrupt
| Jurisdiction | England & Wales |
| Judgment Date | 27 November 1794 |
| Date | 27 November 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 466
IN THE COURT OF KING'S BENCH.
Post, 701.
[118] Ex paete nowlan, a Bankrupt. Thursday, Nov. 27th, 1794. If upon the examination of a bankrupt touching the disposition of his property, he swear to an account of the same, which appears to be incredible the commissioners may commit him to prison. [Post, 701.] This party, who was established in trade in London, in April, 1793, went over to Ireland; and a commission of bankrupt issued against him on the 23d of the same month, on which he was declared a bankrupt: and notice was issued for him to surrender and make a discovery of his effects, with which he did not comply for some time. But on the 27th July following he attended and was examined, when the following questions were put to him, and he gave the following answers. " Q. As you admit to have received 35051. within a week before you left London, did you receive any further sum within that time ? A. I believe I did. Q. To what amount ? A. I cannot precisely say. Q. Will you swear you did not receive 20001. more 1 A. I cannot; (but he added afterwards) I wish to correct that answer because I recollect I did receive about 10001. above the 35051. within the last week. Q. As you say you were overturned in the mail coach in April, 1793, and that you then lost your pocket book, how much had you in your pocket book at the time the coach was overturned? A. 35001. or 36001. in banknotes. Q. As yon say that you had not more notes in your pocket book than 36001., and having received 10001. over and above the 35051. within a week before you left town, how do you account for the difference, which is about 9001. A. I eanru t give any account; (but he added afterwards) I correct this, by not admitting to have received 10001.; it might be from 4001. to 6001. more than 35001. Q. How do you account for the 4001. or 6001.1 A. I cannot at present." These answers not being satisfactory to the commissioners, they committed him to Newgate, till he should answer to their satisfaction. Being again brought up before them, and being asked what he had done with two sums of 3731. 4s. 3d. and 2221. 6s., which it appeared he had received, he answered he had received the money, but he could not then disclose what he had done with it; on which he was again committed to custody for not answering satisfactorily. On a subsequent examination he gave some further answer as to these sums (a); and he was then again questioned whether be had received any sum within a weak before he left London over and above the...
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