Ex parte Vogel, Ehrenstrom, a Bankrupt
| Jurisdiction | England & Wales |
| Judgment Date | 27 November 1818 |
| Date | 27 November 1818 |
| Court | Court of the King's Bench |
English Reports Citation: 106 E.R. 347
IN THE COURT OF KING'S BENCH.
Applied, Ex parte Campbell, 1870, L. R. 5 Ch. 703.
[219] Ex parte vogel, in THE matter or EHRENSTROM, a Bankrupt. Friday, Nov. 27th, 1818. Commissioners of bankrupt are authorized to examine a witness concerning the person, trade, dealings, estate and effects, of the bankrupt, and incidentally to this power they may examine him also respecting other individuals, through whom they may be likely to obtain information on those points. And, therefore, where a witness was asked questions as to when and where he last saw the bankrupt's wife : Held that such questions were legal and material; and that the commissioners were justified in committing him for giving unsatisfactory answers to these questions. Held also, that the true criterion by which to judge as to the. propriety of the commitment was to consider all the questions and answers collectively, and then to say whether the whole examination was satisfactory or not; and therefore, where the commissioners in their warrant set out several questions, to some of which, taken alone, the answers were satisfactory, Held also, that this was no objection to a warrant committing the party " till he should full answer make to the questions so put to him as aforesaid." [Applied, Exparte Campbell, 1870, L. E. 5 Ch. 703.] Scarlett had obtained a writ of habeas corpus directed to the keeper of Newgate, commanding him to bring up the body of Levi Vogel for the purpose of being discharged. The warrant of commitment, when returned, stated that a commission, dated 12th November 1818, had duly issued against Eric Ehrenstrom, on which he had been declared a bankrupt; and that Vogel was suspected to have concealed and secretly disposed of a part of the goods and estate of the bankrupt; and was duly summoned to appear, and did appear before the commissioners; and that Vogel being duly sworn, the commissioners caused the following questions to be propounded to him, to which he gave the following answers. Quest. Do you know, and how long time have you known, the bankrupt 1 Ans. I have known him about nine or twelve months. Quest. Upon what occasion did your connexion commence in business1? Ans. I cannot tell unless I have my papers. Quest. Have you had many dealings with the bankrupt, and to a large amount 1 Ans. I have had various dealings with him to the amount jjf 20001. Quest. Do you keep regular books of account in which all [220] your transactions with the bankrupt will appear 1 Ans. Yes, I do. Quest. What was the nature of your dealings with the bankrupt? Ans. I bought various parcels of goods from the bankrupt, and paid for them; and the bankrupt now owes me money. Quest. If your only transactions with the bankrupt have been buying 348 EX PARTE VOSEL 2 B. & AID. 221. goods of him for which you have paid, how can the bankrupt owe any money to you ? Ans. The bankrupt asked me about the beginning of November to lend him 3001., and I lent him 2951., for which I have no bill or memorandum; I believe I have not: whether I have a letter acknowledging it I cannot tell; but I have no other security. Quest. Do you claim to prove this debt under this commission, or not? Ans. At the present moment, not. Quest. At what place was the advance of 2951. made to the bankrupt. Ans. At his country house. Quest. Who was present at the time 1 Ans. I do not recollect. Quest. Was any body 1 Ans. I do not recollect. Quest. Have you lent money to the bankrupt upon any other occasion 1 Ans. I do not recollect...
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