Ex parte Wilson, and ex parte Bradshaw
| Jurisdiction | England & Wales |
| Judgment Date | 22 January 1752 |
| Date | 22 January 1752 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 140
HIGH COURT OF CHANCERY
[217, 218] Case 119.-Ex parte wilson, and Ex parte bradshaw. January t 1752. Bankers having taken upon them to act as scriveners, made it necessary for the legislature in the 5 Geo. 2, to add bankers, as being liable to commissions of bankruptcy. -A person acting as banker, will be considered as one, tho' he does not keep an open shop. Lord Chancellor. The clause in 5 Geo. 2, relating to dealers as bankers, &c., took it's rise from that part of the 21 Jac. 1, relating to Scriveners, who were more numerous than in latter days ; for bankers have taken upon them to act as Scriveners, and therefore made it necessary for the legislature to add Bankers, as being liable to commissions of bankruptcy. Mr. Wilson being an agent to 26 regiments, will not make him a bankrupt, nor will it exempt him from being one. It is said, he could be no banker because he kept no shop. A Scrivener does not keep an open shop, and yet as he receives money belonging to other people, and places it out on securities, which is the business of a Scrivener, he may be a bankrupt. So may a person acting as banker, though not keeping an open shop. His keeping his cash with Drummond, and paying, from 1739 to 1751, £30,000 a month, in all three millions, is insisted to be very strong, if not conclusive evidence, that he was no banker himself. It is...
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