William Gulston a Bankrupt; upon the Petition of William Gulston, and a cross Petition of George Dale and Others
| Jurisdiction | England & Wales |
| Judgment Date | 11 June 1743 |
| Date | 11 June 1743 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 125
HIGH COURT OF CHANCERY
Case 101.-In the Matter of william gulston a Bankrupt; upon the Petition of william gulston, and a cross Petition of george dale and Others. June llth, 1743. S. C. ante, 139. Where there is a doubt of the bankruptcy, and the bankrupt is out of the kingdom, the court will not supersede the commission upon petition, but send it to trial : but where the bankrupt is at home, the court will send it back to the commissioners, to consider, if on evidence they can declare him a bankrupt or not. Mr. Gulston residing in the island of Barbadoes, on the 20th of May last preferred his petition to Lord Chancellor, thereby stating, that he being a merchant in London traded to Barbadoes, and other places, and having some years ago a considerable real estate devised to him in the island of Barbadoes, did, soon after he had taken possession thereof, put the same under the management of an agent there, for his greater convenience of resorting to this kingdom, and carrying on his trade and business here : that in 1737 he resided in this kingdom, and negotiated his business in a publick manner as a merchant, and never committed any act of bankruptcy ; but finding that he was much imposed upon in the management of his estate at [194] Barbadoes, he therefore, in order to make the most thereof, determined to remove thither with his family sometime about the latter end of the year 1737, and his intention and determin- 126 GULSTON V. DALE 1 ATK. 195. ation of so doing was well known to all persons with whom the petitioner had any dealings, and was concealed from none of them, and particularly was well known to George Dale, who had several dealings with the petitioner, and was with him almost every day, and sometimes oftener, for six weeks, or two months before the time of the petitioner's so going abroad, and who had several goods packed up at the house of the petitioner, to be sent abroad with him : that the petitioner did, in March 1737, go over with his family to the island of Barbadoes, and had ever since resided there for the better management and improvement of his estate : that he had remitted to George Dale divers considerable sums of money to the amount of between three and four hundred pounds ; and, notwithstanding this, Dale on the 21st of February last procured a commission of...
To continue reading
Request your trial
-
The Case of Courtney, an Attorney
...declared liable to the bankrupt laws by 5 Geo. 2, c. 30. (b) See 13 Eliz. c. 7 ; 1 Jac. 1, c. 15; 21 Jac. 1, c. 19; and Exparte Gulston, 1 Atk. 193. Malin v. Eyloe, 2 Stra. 809. Lindgood v. Bade, 1 Atk. 196. (c) See Moseley, 3. 7 Viner Abr. 6, pi. 12, in marg. (a) See Steward v. Eddy, post,......
-
The Right Hon. JOHN RICHARDS, one of the Barons of HM Court of Exchequer, CAROLINE RICHARDS, Widow, CAROLINE MARIA RICHARDS, otherwise WOODHOUSE, and another, v CROASDAILE MOLONY, HENRY MOLONY and Others
...1 Salk. 326. Davis v. Spurling 1 R. & M. 64. Burgh v. WheelerENR 8 T. R. 483. Milbourne v. EwartENR 5 T. R. 381. Ex parte CoysgameENR 1 Atk. 193. Cannell v. BuckleENR 2 P. Wms. 243. Bridges v. Bridges 3 Ves. 120. Lord Compton v. Oxenden 2 Ves. jun. 264. Fergus v. Gore 1 Sch. & Lef. 107. Mal......