CORK INSOLVENT DEBTORS 2

CORK

BANKRUPTS & INSOLVENT DEBTORS
1846 - 1849

Transcribed & Indexed from Cork Newspapers By
Anita Sheahan Coraluzzi & Jean Prendergast © 2002 - 2005

Postcard c. 1900

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(12/3/1846) - His Honour, J. FARRELL, Esq., took his seat on the bench at 10 o clock, and proceeded to hear insolvent petitions for the County. For many years there had not been so few petitions as during the present commission, there being only thirteen cases for the county, and twenty for the City.

(14/7/1847) – ‘The Commissioner said he had received a petition from a number of creditors in the county gaol, containing a very grievous complaint if well founded. It stated that they were for a long time in confinement, and had not been able to pursue any kind of labour for the support of their families, many of whom were now lying in fever, supported by the charitable associations over the country; others were obliged to seek relief in the union workhouse, while they were suffering confinement and exposed to the infectious disease raging in the gaol. The memorial went on to state that they had been induced to employ Mr. Edmond Loftus Barry, a practitioner in the Insolvent Court, for which they were obliged to pawn their clothes, and he undertook to have perfected the necessary process, and placed them in the distressing situation of being liable to prolonged confinement. In consequence of this gross neglect, they added several persons who were in confinement had taken sick and died, while others had to be taken home. The Commissioner asked how came the governor of the gaol to allow this. - One of the turnkeys replied that the person complained against was retained outside the gaol by the friends of the debtors. He had repeatedly cautioned them now they employed him, but in vain.’

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Anglin, Francis, NL, Woolcomber - (14/7/1847) – ‘ was discharged after opposition by Mr. Edwards on the part of Mr. Francis Lee, merchant tailor of this city, from whom he obtained clothes.’

Barrett, Thomas, City Insolvent, Machine and Carriage Builder - (7/4/1847) – ‘discharge was opposed by Mr. O Keeffe on the part of Mr. O Connor, by Mr. O Connell on behalf of Mr. Joseph Harty, and by Mr. Power for the detaining creditor, Mr. England. It appeared that the Insolvent was a machine and carriage builder, and it was alleged that when he was encountered by difficulties, he had made a collusive sale of his stock in trade, which was very large and valuable, to his brother. The debts to the two former of the creditors were contracted for bread and coach trimmings which they supplied to him. The petition was dismissed.’

Barry, Jeremiah, Ballynona, Midleton, Yeoman, (26/5/1847) – To be heard at Cork 12^th July

Bryan, John, Rosscarbery, Farmer - (14/7/1847) – ‘was opposed by Mr. Hassett on the part of Samuel Jervois, his landlord, to whom he owed £5 one year’s rent for a pie of coarse ground of 15 acres. The landlord was willing to forgive him the amount if he gave up the land, but this he was precluded from doing, as it appeared, that having no means to support himself, he had transferred the ground to a person for the sum of £10. The insolvent was discharged.’

Bryan, Timothy, City Insolvent, NL, (12/3/1846) – ‘petition adjourned to next commission, with liberty to give bail.’

Buckley, John, City Insolvent, Cooper - (7/4/1847) – ‘was opposed by Mr. O Connell on the part of Michael Mulcahy, his son-in-law, who it appeared was himself in custody for portion of different debts to the amount of £190, for which, as stated by Mr. O Connell, he became his security. - Mr. Walsh for the insolvent stated that he had been arrested upon a judge fiat, on the allegation that he was preparing to leave the country. The case was postponed.’

Buckley, John, City Insolvent, NL, (12/3/1846) – ‘was opposed by Mr. O Brien on behalf of the Mess. Kirnan of London; and by a creditor named Lauran Duhig. The case was before the Court last commission, and was adjourned with the view of arranging it. – Mr. Patrick Hayes was examined relative to a disputed account between the insolvent and the Mess. Kirnan, and the result was the discharge of the insolvent.’

Buckley, John, Kanturk, Farmer - (14/7/1847) – ‘ was opposed by Mr. O Connor on behalf of Mess. Leahy, and of the National Bank, to three branches of which he became indebted, on the ground of collusive arrest. He stated that he was arrested in Cork the day after a decree had been renewed against him at the Kanturk Sessions, although that town was distant 30 miles from this city. The original decree was for £14 and against his effects, and the renewal was taken out against the bodies of himself and two brothers. He had been in the possession of considerable stock, which he was obliged to part with. The petition was granted.’

Buckley, John, Square, Kanturk - (14/7/1847) – ‘opposed on the part of his son-in-law who was in gaol.’ DWO

Burke, Edmund, Prospect Villa, Co. Cork, Gent. - (Lists 11/7/1849 & 22/8/1849)

Burke, John Fitzmaurice, Prospect Villa, Co. Cork, Gent. - (Lists 11/7/1849 & 22/8/1849)

Coghlan, Denis, County Insolvent, NL, (12/3/1846) – ‘was opposed by the detaining creditor, and by Mr. O Connell, on behalf of Mr. Fitzpatrick, for the purpose of getting up possession of a house, which the insolvent agreed to give. – The detaining creditor stated that the insolvent got a savings’ bank book from him belonging to his wife, Eliza Collins, which the insolvent was to take to the bank and draw out of it £4 16s., which he was to hold on interest. The insolvent drew £20 out of the savings; bank, and changed the name to that of his sister, Eliza Coughlan (sic). A prosecution for robbery was instituted against the insolvent, but it failed, and the detaining creditor then proceeded by civil bill against the insolvent, and had him decreed for £20. – Insolvent said that the money was drawn by his sister by consent of Eliza Collins, a match having been proposed between himself and said Collins, who had been since married to the detaining creditor. – His Honour feared that the detaining creditor should be content as he had got the prize from the insolvent. (Laughter.) He should discharge insolvent, and appoint the detaining creditor assignee.’

Comerford, James Francis, Killarney, formerly of Cork, Postmaster, (26/5/1847) – List

Connell, Daniel, Springrove, Kanturk, farmer, (30/6/1846) – ‘was opposed on the ground of collusive arrest, but discharged.’

Connell, Timothy, County Insolvent, NL, (12/3/1846) – petition dismissed, the insolvent having died in custody.

Connor, James, Derrigallon, Kanturk, Yeoman, previously Farmer and Miller - (26/5/1847) – To be heard at Cork 12^th July - (14/7/1847) – ‘discharge was resisted by Mr. O Brien on the part of Mr. Hugh Keller, who supplied him with tobacco and other stock for business to the amount of £135. The ground as that the insolvent, who was a miller and farmer, had mortgaged all his property, by a deed executed on the 4^th of April, while on the 2d of April, two notes were passed to the opposing creditor for the sum of a credit, and on the 10^th, John Connor, who became security to his brother for the payment of the note, went to America. Evidence was given that the insolvent, shortly before the executing of the deed, went to Mr. Smith, agent of Mr. Longfield, and offered to dispose of the property to him, as he wished to go to America, the terms of an arrangement for which were agreed upon, and were £130 cash, and £6 yearly. But afterwards, the whole was assigned by the insolvent to his brother-in-law, a person named Lenihan. A short time previous, he married and got a fortune of £47 but two days before he received the money, he was arrested. - The Commissioner called the brother-in-law, a countryman, on the table and addressed him – You were your brother-in-law’s creditor, and instead of looking for the payment of your debt you gave him a fair start in life in his native country; you gave him also a very suitable fortune. Now after all, this unfortunate man’s grateful feelings to you have led him into difficulties, from which it is not in my power altogether to relieve him – Nothing I like so much as gratitude to a benefactor, and I am sure it ought to abate your affection and esteem for your brother-in-law. –However anxious I might be to let him seek his fortune in another land, it is not in my power to let him off without your assistance, which I suppose to be only consistent with your usual good feelings and kind dispositions. Take him from prison, where his life is hardly safe a single day, and you enable him to transfer his fortunes to a more fortunate country. And I am sure you have calculated little upon human nature, if you don’t know that when he goes there, he will return you the difference. £35 is the price of his liberty. I don’t ask you for an answer, I am so sure you will pay it – Go down now. - Mr. J.J. O Brien – Did your lordship say that we were to get £35? - The Commissioner – Yes. - Mr. O Brien – To what quarter does your lordship suggests that we should look for the balance of £100? - The Commissioner – To America, Mr. O Brien, to America.’

Cotter, John, Anderson’s-quay, City Insolvent, Publican, (14/7/1847) – DWO

Croker, Robert, Ballycashan, Killarney, Gentleman - (26/5/1847) – ‘To be heard at Cork 12^th July. - (14/7/1847) – ‘was opposed by Mr. John O Riordan on the part of a young lady, Miss Curtayne, from whom he took a farm, which he left in a state of total waste, and the buildings on it dilapidated. He would neither give up the land nor pay the rent. - Mr M’Nally said there was a little thing called a Junction Railway that was to go through the land, and there would be £100 compensation. - The Court – That railway gets you out of a great deal of difficulties, Mr. M’Nally. Indeed if any man deserves to be exterminated your client does. He is a public enemy. - Mr M’Nally – There is only one half year’s rent due. - Commissioner – Mr M’Nally, have you no feeling for the people of Kerry; that they must be fed next year? - An assignee was ordered to be appointed.’

Cunningham, Margaret, Prince’s Street, Cork, Widow - (14/7/1847) – ‘was remanded for 6 months, on the grounds of having endeavoured to make away with her property. It was proved that she had disposed of a quantity of whiskey, value £14 considerably under cost; and it was elicited from the watchman, who was sworn, that he had got no small portion of her furniture; but of what kind of service that consideration was the reward of did not clearly appear. The principal debt was one of £92, to Waters & Co., Distillers. The Commissioner in giving his decision said that but for the present state of the gaol, he should probably inflict the penal term of imprisonment but as it was he placed her at the mercy of her creditor. Mr Walsh intimated that the firm would sink the whole sum, rather than that a person should be an … in gaol, who had really not the means of paying, and intimated that she would be discharged open any offer of a settlement.’

Curtin, Cornelius, Eason’s lane, Cork, Cooper - (11/8/1847) – ‘Orders have been made vesting in the Provisional Assignees the Estate and Effects of the following persons.’

Deasy, William, Meelmane, Timoleague, Labourer, (30/6/1846) – not opposed.

Dinneen, James, Skibbereen, Publican - (11/8/1847) – ‘Orders have been made vesting in the Provisional Assignees the Estate and Effects of the following persons.’

Donovan, Daniel, Brickfields, Cork, previously of Kinsale, Seaman - (26/5/1847) – To be heard at Cork 12^th July - Donovan, Daniel, Brickfields, Cork, Boatman, (14/7/1847) – DWO

Donovan, Patrick, City Insolvent, Dairyman- (7/4/1847) – ‘petition was opposed by Mr. O Brien, on the part of Mr. Hewson, to whom the insolvent owed £36 for milk, having got a livelihood as a dairyman. Petition dismissed.’

Driscoll, Cornelius, NL - (14/7/1847) – ‘Mr. Mannix M’Carthy waited on the Commissioner to intercede for a debtor, named Cornelius Driscoll, who it appeared, was in prison since February for a debt of £3 7s., and who had not been discharged in consequence of the neglect of the agent already named. - The turnkey stated that he was very sick, and in the same wretched situation as the others, who were objects of compassion, if his lordship could do anything for them. - The Commissioner replied that he had usually found it the most advantageous mode of conducting business to do one thing at a time. He then gave direction for affording speedy relief in the case of the oppressed and aggrieved man, which had been brought before him through the humane interest of the person who had made the representation.’

Duggan, Daniel, Glountane, Millstreet, Yeoman - (Lists 11/7/1849 & 22/8/1849)

Eagan, Thomas, NL, Pensioner - (7/4/1847) – ‘The discharge of Thomas Eagan, a pensioner, was resisted by Mr. Power, who said his client was a very wretched man, living at Watergrasshill, and that he actually starved himself in order to support the insolvent. - Court – He must be a very benevolent man. - It further appeared, from the examination of the creditor, a labouring man, that he fed the pensioner for six months on 6d. a day, and that they on made an expedition to Dublin together, in order that he should be transferred from the East India Company list to one of her Majesty’s regiments, for which purpose he borrowed a horse from a friend, and gave the insolvent, as he was an old man, the beast to ride, while he traveled himself on foot. The Insolvent was discharged.’

Evans, James G., late of Ratormac and previously of Cork, Solicitor, (14/7/1847) – DWO

Falvey, Henry, Drawbridge St., Cork, Pensioner - (Lists 11/7/1849 & 22/8/1849)

Fanning, James, City Insolvent, NL, (12/3/1846) – postponed until next Commission - Fanning, James, NL,(14/7/1847) – ‘Petition dismissed with consent.’

Fennell, William, Crosses-green, previously of Strand-road, Cork, Provision Merchant - (26/5/1847) – To be heard at Cork 12^th July

Fitzgerald, John, NL, Horse Jockey - (7/4/1847) – ‘ was opposed without effect by Mr. O Brien, on the part of Mr. W. M’Carthy, draper, of Midleton, who supplied him with clothes.’

Flynn, David, Monea, Mallow, Labourer, (26/5/1847) – To be heard at Cork 12^th July - (14/7/1847) – Died in gaol

Flynn, Joseph, Great George’s St., Cork, Shopkeeper - (Lists 11/7/1849 & 22/8/1849)

Flynn, William, City Insolvent, NL, (12/3/1846) – ‘opposed by Mr. O Brien on the part of the landlord, and by Mr. Galway on behalf of Benjamin Reynolds. – Mr. R. L. Jameson, the receiver, and the landlord, Mr. Purcell, were then examined, when it appeared that of the 16 acres of land he held, which he wished the Court to believe were his mother’s, he had let out the greater portion of them to seven under tenants. He had neither horse nor cow, and the Court thought it extraordinary that such a person should have land, and, as an example to the country, he would dismiss the petition. Do you remit the rent – about £50? - Mr. Purcell – I do, my Lord. His Honour – Dismiss the petition.’

Gardner, Jane, previously of Youghal, Shopkeeper - (11/8/1847) – ‘Orders have been made vesting in the Provisional Assignees the Estate and Effects of the following persons.’

Geraghty, Bryan, late of Anglesea-street, Cork, Bookseller and Publisher, a Bankrupt (4/7/1847) – ‘There was a meeting in this case at one o clock for the proof of debts, choice of assignee, and surrender of the bankrupt. - Mess. Cumming and Ferguson, of Ormond Quay [Dublin], claimed permission to prove for £700 upon the bankrupt’s estate. - Mr. Creighton objected, on the ground that Mess. Cumming and Ferguson had ample security for what was due to them. They had received 827 copies of ‘The Annals of the Four Masters,’ and also some of the manuscripts of that most valuable work as security for what was due them; and unless they were given up for the benefit of the creditors he would not consent to their proving. - After some discussion on the point, the claim was withdrawn for the present. - The Bankrupt having surrendered, and undergone an examination during which he positively swore that he believed his estate, if properly managed, would realise 20s. in the pound. - The Court proceeded to the appointment of an assignee, and Mr. Porter, of Grafton-street [Dublin], was selected. ‘

Green, James, Grand Parade, Cork, Engraver - (11/8/1847) – ‘Orders have been made vesting in the Provisional Assignees the Estate and Effects of the following persons.’

Hayes, John, NL, Farmer - (14/7/1847) – ‘was opposed by Mr. Julian on the part of his landlord, Mr. Starkie, to whom he stated he owed two years rent against September. - Court- Why I see he returns on his schedule, wheat, oats, barley, turnips, and other green crops. Any man might boast of such a tenant. Here is the land made productive, and the community at large benefited by its cultivation. - Mr. Julian – Small gain to us, my lord, that it is made so productive. Discharged.’

Herlihy, Timothy, Ballenagree, Macroom, Yeoman - (Lists 11/7/1849 & 22/8/1849)

Higgins, James, Youghal, Grocer, Baker & Coal Merchant - (Lists 11/7/1849 & 22/8/1849)

Hourahane, Morty, Clohane, Skibbereen, Farmer, Road Contractor & Agent - (Lists 11/7/1849 & 22/8/1849)

Howard, Robert, City Insolvent, NL, (12/3/1846) – ‘opposed by Mr. Babington on behalf of Mess. W. A. Clifton & co., the largest creditor, for £450, while the whole of the liabilities were £800. What he complained of was, that in May, 1844, insolvent returned his debts as £700, and credits £1325, and at a then meeting of his creditors he offered 10s. in the pound which was accepted. None of it, however, was since paid, and insolvent now only returns assets to the amount of £53. – Mr. Galway opposed on behalf of Mr. O Connell. There had been a second meeting of the creditors in last July, but no such efforts were returned. – Mr. Fitton said that at the meeting of creditors in 1844, Mr. Galways’ clerk attended and refused the composition. The insolvent made over a policy of insurance for £500 on the Mess. Clifton for the benefit of the creditors, on which premium was paid by insolvent. He offered the goods purchased from Mr. O Connell back to him, but they were refused. – Mr. Galway – Because they were cut. - Mr. Babington said that the policy of insurance was mere waste paper, because his clients would have to pay £90 on it for the benefit of the creditors. – Mr. M’Nally said there was a bonus due on the policy which almost covered that amount: the premium had been paid for 23 years. – The Insolvent was sworn, and accounted for the difference in the state of his effects now, and when he had offered the settlement. When building the Exchange, Mr. Clifton called on him and told him not to purchase any timber but his. The interest and bills for which amounted to £70. The timber he received from Mr. O Connell was the refuse of the timber yard. The insolvent said that he had to keep up a large staff of workmen by which he lost from £6 to £8 per week during the last two years. The insolvent was discharged, Mr. W. A. Clifton having been appointed assignee, his Honour hoping that he would be more successful in business in future.’

Hughes, William, NL, Ship-owner - (7/4/1847) – ‘ was opposed by Mr. Gamble, on the part of John Collins, a nailer of Skibbereen, who died, he stated, last week in extreme poverty and to whom he owed £80. - The family of poor Collins were in extreme distress, and they had not the means of procuring legal assistance but through the influence of a benevolent friend in Skibbereen. The amount due to them by Mr. Hughes was £85. - From the statement of Mr. M’Nally for the Insolvent it appeared, that he had no intention of reporting to the Court, but was served with a writ out of the Superior Courts, and put in gaol for a debt of £15. An arrangement was made with the detaining creditor, by which the insolvent was discharged.’

Hyde, John, City Insolvent, NL, (12/3/1846) – ‘was opposed by Daniel Regan and Dorcas Nettles, and His Honour directed that the Insolvent should pay the former 20s., and the latter 10s., or be remanded for six months.’

Ireton, George, City Insolvent, NL, (12/3/1846) – ‘opposed by Mr. B. Galway on behalf of two butchers. The ground of opposition was fraudulent arrest. Petition dismissed.’

Keating, John, City Insolvent - (7/4/1847) – ‘was opposed by Mr. Power on behalf of the Rev. Mr. Fitzgibbon, his landlord. The Insolvent owed it appeared £6 rent at the end of five years’ possession. He consented ultimately to give up the house on condition of being allowed to remove from it a machine for the manufacture of thread.’

Keeffe, John, City Insolvent, Shopkeeper - (7/4/1847) – ‘next came up to claim his discharge. - Mr. John Giles Sullivan, the attachment creditor, stated that at various periods within three years he had lent him altogether £600. He first lent him a small sum, to assist him in a business which he entered into and afterwards additional sums, in the hope of being able to recover the first. - Examined by Mr. Gamble – The loan was at an interest of five or six per nt. The insolvent did not owe so him so large a sum as £800 at one period. He had no connection with his business. He never accepted bills for witness. Discharged.’

Keller, Cornelius, County Insolvent, NL, (12/3/1846) – ‘opposed by Mr. Babington, on behalf of Mr. Timothy Lane. – Mr. Babington – have you any land? – Insolvent – No, I work the land for my mother, with whom I live. – Mr. Babington – Did you register? – Insolvent – Every tenant on the land registered except my mother. (Loud laughter.) – Insolvent discharged and Mr. Lane appointed assignee.’

Keller, Thomas, City Insolvent, Paper Stainer and Plumber - (7/4/1847) – ‘discharge was opposed by Mr. Scannell on the part of Miss Jane Casey, and by Mr. O Brien on the part of Mr. Henry Morris. Mr. Walsh appeared for the insolvent. The insolvent was a paper stainer and plumber of this city. The schedule set forth an assignment of property of considerable value to a Mrs. Thompson; and among the demands paid it contained an item of £622 for law costs alone in the transactions in which the insolvent became involved. Discharged.’

Lacy, John J., Great George’s St., Cork, Grocer - (Lists 11/7/1849 & 22/8/1849)

Lane, Patrick, Cahirdowney, Millstreet, Yeoman - (Lists 11/7/1849 & 22/8/1849)

Leahy, Francis, City Insolvent, NL, (12/3/1846) – ‘petition postponed by consent until next Commission.

Leahy, Patrick, Dripsey, Carpenter, (30/6/1846) – ‘was proved to have been collusively arrested, and his petition was dismissed.’

Lee, David, Abbey-street, Cork, Publican and Shoemaker - (26/5/1847) – To be heard at Cork 12^th July

Lindsay, Henry, J.P., Coolclough, Kanturk, Gent. - (11/8/1847) – ‘Orders have been made vesting in the Provisional Assignees the Estate and Effects of the following persons.’

Linehan, Thomas, Lakelands, Blackrock, Steward - (Lists 11/7/1849 & 22/8/1849)

Lynch, Daniel, (?City Insolvent), (7/4/1847) – ‘was remanded for 12 months from date of vesting order.’

M’Carthy, Charles, NL, (30/6/1846) – ‘was opposed by Mr. J. J. O Brien, on the ground of collusive arrest, by his landladies, the Misses Cox, and the petition was dismissed.’

M’Carthy, Daniel, Castlemagner, cistern, Yeoman - (Lists 11/7/1849 & 22/8/1849)

M’Carthy, Michael, Lyreavackane, Millstreet, Yeoman - (Lists 11/7/1849 & 22/8/1849)

M’Carthy, Owen, Dysart, Kanturk, farmer, (30/6/1846) – ‘ was opposed by Mr. J. J. O Brien, on the ground of collusive arrest, and his petition was dismissed.’

M’Carthy, Timothy, Lyreavackane, Millstreet, Yeoman - (Lists 11/7/1849 & 22/8/1849)

M’Dowell, Cork, Proprietor Imperial Hotel, Cork - (24/5/1847) – ‘ In this matter there was a meeting for audit, proof of debts, and appointment of assignee. The bankrupt was proprietor of the Imperial Hotel of Cork. He had not surrendered. - Mr. Mayne was agent for the commission. Mr. Fitzgerald, QC, appeared as counsel for the Commercial Buildings Company of Cork, landlords of the hotel, and other creditors. Considerable discussion took place as to the appointment of assignees. Mess. Jameson, Ferrier, and Hogg, were severally mentioned by different parties, but objections being made to each, the appointment of assignees was deferred. After debts to a considerable amount were proved, the case was adjourned to Saturday at 1 o clock.’ - (26/5/1847) – ‘In this matter there was a meeting for proof of debts and choice of assignees. - Amongst the proofs handed in was that of a Mr. Ashenheim, who stated on his examination, that he had advanced to the bankrupt £500 in cash and that he had sold him £421 worth of plated wares. He produced three bills of exchange, which had been accepted by the bankrupt, amounting in all to a sum of £1,100; and said it was a part of the agreement that he should receive interest at the rate of £10 per cent until the bills became due. - The court was of opinion that this claim was one which required investigation before it was admitted, in order to ascertain whether or not the amount of interest was usurious. If it were usurious, the whole of the claim must be rejected. - After some discussion, Mess. John Carmichael and James Hogg were appointed assignees.’

Madden, Paul, Charleville, Publican - (14/7/1847) – ‘was opposed by Mr. Kelly, on the part of Mr. Michael Cagney, the detaining creditor, upon the ground that he had not returned debts collected in the interval since his confinement – Petition dismissed.’

Mahony, Daniel, City Insolvent, Publican - (7/4/1847) – ‘was opposed by Mr. Edwards on the part of Charles C. Bulworth, who became his security for a sum of £8 4s. to the Loan Fund on the ground that at the time of the transaction, he produced to him a Savings Bank receipt for £60. His liabilities amounted to £104, representing sums due to 22 creditors – Discharged.’

Mahony, Denis, NL - (14/7/1847) – ‘The Court read a petition signed Denis Mahony, an insolvent, stating that one of his scheduled creditors had seized his goods under a civil bill decree. - The Court expressed its anxiety to punish such an instance of a ruffianly attempt to spoil a debtor of the benefit of the law. He desired the assistance of Mr. M’Nally to repress such an outrage, as tending to upset the whole power of the Act, which that gentleman promised to afford.’

Mahony, James, Commons of Blackpool, Cork, Publican - (Lists 11/7/1849 & 22/8/1849)

Mahony, Johannah, NL - (7/4/1847) – ‘was discharged on condition of giving up the possession of 23 acres of land, which she held in an unproductive state, to her landlord, Sir John Coughlan.

Martin, Joseph, late of Mitchelstown, Woolcomber - (14/7/1847) –‘The Registrar stated that he had no affidavit in the case, and the attorney was Mr. Church……. the court ordered him to be sent back to prison.’

Moynihan, Stephen, Cork, Yeoman, (List 5/1/1846) - Moynihan, Stephen, City Insolvent, NL, late of the Constabulary, (12/3/1846) – ‘was opposed by a creditor for whom he went security to a Loan Bank. – Mr. Galway said the insolvent went into jail after receiving £24 compensation money. – The insolvent said that he had only received £20, the greater portion of which he had paid away before going into jail. – His Honour said the insolvent was a most audacious man to have 28 creditors, a discharged policeman like him – dismiss the petition.’

Murnane, William, Carrigane, Midleton, Farmer, (30/6/1846) – dismissed for non-appearance.

Murphy, Cornelius, Peacock-lane, City Insolvent, Blacksmith, ( 14/7/1847) – DWO

Murphy, Denis, Drishanebeg, Millstreet, Farmer - (Lists 11/7/1849 & 22/8/1849)

Murphy, James, NL, (30/6/1846) – ‘ was opposed on the ground of collusive arrest, and his petition was adjourned.’

Murphy, Matthew, County Insolvent, NL, (12/3/1846) – ‘petition dismissed, some person having affixed the insolvent’s signature to the schedule when the man was unable to either read or write.’

Murphy, William, Ballinvarrig, Blarney, Farmer - (11/8/1847) – ‘Orders have been made vesting in the Provisional Assignees the Estate and Effects of the following persons.’

Nash, James, Tullig House, Millstreet, Gent. - (Lists 11/7/1849 & 22/8/1849) - Nash, James, of Tullig, (listed with City Insolvents), ( 12/3/1846) – ‘was opposed by Mr. Gardiner, on behalf of Mr. Carmichael, the Receiver in the cause Norreys v. Mansergh; Mr. Galway opposed on behalf of Mr. Philpott. - Mr. M’Nally said that as opposition was again revived against his client, his application now was for an adjournment to the next commission. The insolvent was making every exertion towards liquidating his debts, and had actually settled with several creditors. He had even offered £30 to the Receiver, who had refused it, on the ground that he could not take it without the consent of the Master. The land on which the money was due was not now in the insolvent’s possession. – Mr. Galway said that it was only fair to state that insolvent was settling with his creditors, and Mr. Philpott agreed to give him additional time. – Mr. Gardiner said that the Receiver could not consent. This was the sixth time the case was before the Court, and the Receiver was put to considerable expense by the vexatious opposition of insolvent in law proceedings. - Mr. M’Nally – This is only the second time under this petition. – Mr. O Brien – We have silenced ten out of eleven creditors since the last commission. - Mr. Gardiner said that the Receiver could not take his proceedings against the securities of Insolvent until his Lordship adjudicated. If His Lordship would sanction him he would take £50 on account of the Receiver. –Mr. M’Nally said that he had already offered £30 for Insolvent to the Receiver, and it was refused. - Mr. Gardiner said he could not receive it without the sanction of the Court. - His Honour said that it was his duty to do what was best for the general interest of the creditors, and would adjourn the further hearing of the petition until next commission.’ - Nash, James, NL, ( 14/7/1847) – ‘Adjourned to the next Commission.’

Naughten, Thomas, Charleville, Mason - (11/8/1847) – ‘Orders have been made vesting in the Provisional Assignees the Estate and Effects of the following persons.’

Noonan, William, City Insolvent - (7/4/1847) – ‘discharge was opposed by Mr. Power, on behalf of his landlord, Mr. G. Perry, to whom he owed an arrear of house rent of £7. From the statement of Mr. Walsh for the insolvent, it appeared that Mr. Perry at the suggestion of the insolvent, sold his effects, though on account of the expenses of the bailiffs, he received only 6s. from the sale. It was also stated that the arrear was only a quarter’s rent, while the insolvent during a year’s possession had expended over a sum of £20 in improvements upon the tenement. Discharged.’

O Brien, William, Youghal, Farmer - (7/4/1847) – ‘In this case, which was before the Court at the last Commission, the Insolvent living near Youghal, and possessing a large property, was appointed executor of funds to a very considerable amount, which were bequeathed by the Rev. Mr. O Neill, for several respectable young females of the name of Crowley, his nieces. It was then suggested, by the Court, that the matter should be referred to the arbitration of Roman Catholic clergymen appointed by the parties to investigate the amounts of payments made in fulfillment of the trust, and consider the propriety of discharging the Trustee in future from the responsibility of his executorships. In consequence, however, of the continued absence in England of one of the clergymen who was appointed, no satisfactory arrangement was made in pursuance of this suggestion. On this occasion, a medical certificate was produced by Mr. M’Nally, stating that the Insolvent was unable to appear from illness, and with the assent of Mr. J. J. O Brien, for the hairs, the case was postponed to the next Commission.’ - (14/7/1847) – ‘ whose case was before repeated commission, was opposed by Mr. O Brien on the part of the nieces of the insolvent named Crowley, for whom he held large property in trust. – Frequent attempts had been made to refer it to the arbitration of the Catholic clergymen, which, had proved ineffectual in consequence of the weak health of one of the arbitrator, the Rev. Mr. Eager, which obliged him to be absent from the country. An offer however being made at this commission to substitute another clergyman, it was assented to by the opposing creditor upon his undertaking to carry out fully the arrangement. - The Commissioner observed, that in this course both parties would take not only the safest but the most prudent mode of ending the dispute.’

O Driscoll, Alexander, Norton Lodge, Skibbereen, Gent. - (Lists 11/7/1849 & 22/8/1849)

O Keeffe, Cornelius, NL, Farmer - (7/4/1847) – ‘ who it appeared from the schedule, was in the occupation of 65 acres of land, was opposed on behalf of a creditor, who detained him for a small sum. - Court, addressing the Insolvent – Why you’re a cultivator, and hold 65 acres. - Insolvent – ‘Tis too much, my Lord. - Court – Well then, why does not the landlord take it out of your hands. - Insolvent - My sons are earning wages as labourers to support them. - Court – Here are 65 acres of land in the county of Cork not able to support you, and what do you expect to support your landlord? - Insolvent – We don’t pay him the rent, my lord. - Court – Aye, that indeed is a consolation (laughter) - Mr. M’Nally stated that he was charged double the value of the land in rent. - Court – Why, Mr. M’Nally, the landlord might be luxuriously inclined, but he would be able to cultivate the land. - The Insolvent was discharged.’

O Leary, John, NL, Farmer - (14/7/1847) – ‘was opposed by Mr. O Brien on the part of Mr. Mathew Thompson. - Mr M’Nally said there was considerable landed property in this case, and he wished to have it adjourned to the next Commission. - Mr. Walsh stated that since the insolvency, £300 of his liabilities had been paid. - The case was adjourned; the insolvent being directed to furnish a special account of the management of his property against the next Commission.’

O Neil, John, NL, Baker - (14/7/1847) – ‘ was opposed by Mr. O Brien on the part of Patrick Mahony. He stated that they were both bakers in a struggling situation, and that his clients debt was for costs he had incurred in an action for defamation, which, the insolvent had entered against him in consequence of something his wife had said to him at the Court of Conscience, when suing him for a debt of £2 upon which they differed, and which action after the briefs were given out, the insolvent had abandoned. - Mr. M’Nally upon more mature consideration did not think it was a debt at all. Non constat would there be any verdict; non constat would there be a judgment entered on account of a non-suit. - The Commissioner – These rival bakers had a jurisdiction constituted for them. The insolvent should have brought his civil bill before the Assistant Barrister, and for taking his action to the superior Courts, he would not be held responsible if the case came properly before me. The petition was granted.’

Owgan, Catherine, City Insolvent - (7/4/1847) –‘discharge was resisted by Mr. Walsh, on behalf of Mr. Abraham Skinner of Bermuda; and also by Mr. O Brien. The ground stated for the opposition was suppression of property, she having removed from a lodging house which she kept a large quantity of furniture. Mr. Fitton stated that he knew the insolvent for a long time, and knew her to be struggling but honest woman. She had occupied the house for a period of 24 years, and only a year’s rent remained due. It appeared also that she had offered to give up the possession. The detaining creditor ultimately consented to take the house, and the insolvent was discharged.’

Owgan, Henry, NL, L.L.D. - (14/7/1847) – ‘Mr O Brien opposed the discharge in this case upon the part of the widows of Doctor Fahey, who was on the proprietor of a well known school in this county, at Fermoy, and more lately of Banagher. He stated that in 1843 Dr. Fahey died, and the present insolvent became the successor to the school; and under these circumstances it was necessary he should take the furniture and school property, which he accordingly purchased. The value of it was about £54, and he passed for this sum two notes of £20 each, leaving a remainder of £1…. He from time to time, with great difficulty to them, paid her all except £16; and most probably if her circumstances – with a large family such as she had, and out of the advantage of her husband’s assistance – did not compel her to seek payment, she would not be in court to offer the present opposition. He should anticipate the opposite side by stating, that the proceedings with respect to this debt were adopted in a superior court, but they were not adopted until she had resorted to the civil bill court upon two or three occasions, and the course he then took was to enter a technical defence, and upon the mere fact that interest was included in the sum sued for, the process was dismissed. This was a circumstance which took the case out of the usual course. Afterwards, a settlement was come to with respect, this portion of the debt, and £15 remaining was the result. He was instructed that Mr. Owgan had no occasion to resort to that court; inasmuch as he had a situation of £100 a year, was in possession of an endowed school, from which he derived large emolument, together with a beautiful demesne and place for which the Commissioners of Education paid over £100 a year rent. He was also instructed that he adopted a course of extravagance. He was quite convinced that a person in his respectable position was entitled to live in a style of expensiveness; but if he became the purchaser of a portion of the Duke of Leinster’s furniture, Grecian loungers, &c., the widow of the person whom he succeeded ought not to be deprived of her due. - Mr. M’Nally did not complain of the costs, which his client had been put to for the action; but with respect to the reason of being sued for a sum of £16 in a superior court, that he took defence at sessions, this failing altogether. He did take defence to an action which was brought against him for the recovery of a portion of the debt, but it was, that the time allowed for the payment of that portion had not elapsed. Now what did he after that dismissal? He paid every shilling of the money for which he was processed and the costs. If this was true, could a complaint attach to him? With respect to his present position, it was quite true that he had on £100 a year but he had not now. - Mr O Brien – When did he cease to hold it? - Mr. M’Nally – On the 1^st of May last. As to the Duke of Leinster’s Grecian loungers, they must be in the imagination of Mr. O Brien. I don’t think the Duke of Leinster would allow his property to be sold by an auctioneer. There were a few old loungers which he purchased in Dublin, for a few shillings. - Mrs. Fahy was sworn, and admitted that the insolvent paid the amount of the process, but after being proceeded against a second time. - Commissioner – That shows the civil bill had some effect. I could wish you had stuck to it. - Mrs. Fahy stated that his family were still living at the endowed school. He lived in a very expensive style. His furniture was very respectable, some of it elegant. He had taken out the degree of L.L.D. In September 1843, her husband died. - Commissioner – And left you with a very large family. - Mrs. Fahy – And with very slender means, my lord. - Mr M’Nally – Some people think circumstances are very humble, when a person has two, three, or four thousand pounds. Were you not left £4,000? - Mrs. Fahy – I took out an administration for under £3,000, furniture and all other property included. - Dr, Owgan stated that he had been in very great difficulty, in consequence of the school-house in which he lived falling into a dilapidated state. Returning after one vacation he found the roof level, and during the time that it was repaired, he had nothing to live upon but his endowment, and the school was obliged to remain unattended to. Creditors were impatient and for the last two years he had not been without an execution in his house. Feeling that he could do better by resigning the endowment, he did resign, particularly as he had had offers made to him to deliver public lectures. He came here to deliver the first, and the day after they were concluded, Mrs. Fahy met and arrested him in consequence of which within the last month he had forfeited an engagement that would have produced him £40. - Commissioner – You are an educated man, you have both the power of speech and of writing. Did you remonstrate with this laod’s (sic) advisers? - Dr, Owgan replied that he had sent to Mr. Burke, her agent, a copy of a circular letter, which he had forwarded to each of his creditors, offering them to give up the £100 a year which he was receiving from government to be divided between them. Some refused and others accepted the arrangement; but from him he had received no answer. - Commissioner – What pursuit were you engaged in previous to succeeding to the endowment? - Dr. Owgan – Previous to that I was what is generally known as Resident Master in Trinity College. - Commissioner – And then you got this endowed school which was a testimony to your qualifications. Mr. Kyle I believe is Secretary to the Commissioners of Education. - Dr. Owgan – Yes, my lord. - Commissioner – How many scholars had you? - Dr. Owgan – The number was very small, and never at any time more that 20 boarders. The endowment is now vacant. - Commissioner – You have incurred a very heavy debt of £380, and your pupils do not appear to be indebted to you. - Dr. Owgan – I got a large portion of my debts in, or I should not have been able to live. I ceased to derive any emolument from the school a year and a half ago. - Commissioner – ‘Tis a hopeless case. Did you explain to Mr Burke (the agent of the opposing creditor) your situation? - Dr. Owgan – I did - Commissioner – He ought to be here to contradict you. - Dr, Owgan – I tell you what I will do. I am at present in expectation of receiving another situation from government; it is that of a professor in one of the Principal Colleges, the salary of which will be £500 a year and I will assign any part of what I expect which you may think reasonable to the payment of the debts on my schedule. - Mr O Brien, on the part of his client, declared the offer very fair. - Mr. M’Nally – Very honourable. - Dr. Owgan – I Don’t wish to take advantage of this Court but as a matter of time and to have my personal liberty. - Commissioner – Yours, Sir, is exactly the case in which an honourable man may do it, to satisfy conscientious claims. Mr. Burke has been injudicious; he never considered how much you might owe to others, nor how without any moral imputation you might have incurred debts to this amount. Now I do rely on you that this lady shall not suffer. Recollect she is the widow of your predecessor. As I learn, he was an eminent man, a man of high character. You certainly do not deserve your situation, if you leave her unpaid. You may be overtaken yourself, and your widow may be in the same position, and now I appeal to you, and I trust she will be one of the first to have her debt discharged. - Dr. Owgan – Your lordship shall not be disappointed. - Mr O Brien – I am sure she is perfectly safe. - Mr. Walsh defended the agent, Mr. Bourke, who was one of the most respectable attorneys in the country. - Dr. Owgan was then formally discharged.’

Paul, John, NL, Pensioner -(7/4/1847) – ‘ was opposed by Mr. Power, on behalf of James Cooper, a draper in Millstreet. The insolvent who had been a care-take in the employ of Captain Henry Wallis, was dressed in a ragged overcoat, but the detaining creditor observed that he had an excellent suit under it, which he sold him two months previously. - The Insolvent pointed out a number of poor children in court, as an illustration of his circumstances. - Court – You are a prime boy. If you knew how I detest these tricks! You don’t allow me fair play. Now I must say, I don’t like that – making a parade of your poverty. - Mr. M’Nally – I hope your lordship will overlook this. - Court – Oh, Mr. M’Nally, it is a most pernicious example. Let him remain in gaol for 12 months.’

Phillips, John, Clonakilty - (12/4/1847 – There was a meeting for proof of debts, choice of assignees, and surrender. The bankrupt came in and was examined by Mr. Creighton with regard to having money then in his possession, but he denied having any beyond a very small sum for his support. The petitioning creditor's debt was proved, and Mr. Lindsay, of Bridge-street, appointed assignee.’

Pollock, John, jun., Youghal, attorney, (30/6/1846) – ‘ had his case adjourned, stating that the moneys due to him exceeded his debts by £1,050.’ - Pollock, John jun., Youghal, Solicitor, (14/7/1847) – ‘ was postponed to the next commission’.

Quinlan, James, City Insolvent, NL, (12/3/1846) – ‘was opposed by Mr. O Brien, on behalf of Mess. Webb, for hams supplied, and on behalf of the landlord, Mr. Parker. The ground of opposition was, suppression of property. Mr. O Brien stated that he had received instructions from the Mess. Webb to lay an attachment, which they believed he had done; instead of that, he (Mr. O Brien) dropped a private line to insolvent, who came to him next morning, and requested time. He referred insolvent to the Mess. Webb, but he (insolvent) did not return to him. Mess. Webb's’ clerk came to him, and charged him (Mr. O Brien) with not performing his duty in laying on the attachment. He had to do so, but when it was being laid on, the property was removed – even the mans which were due to his client. Insolvent on that occasion said, addressing the bailiffs – ‘You are come too late – your eyes are open.’ Hearing that insolvent has another house in the suburbs, the attachment was laid on there. Mr. O Brien also complained of his disposing of his property in Patrick street, to the injury of his other creditors. He then stated that £42 was due to the landlord, Mr. Parker. - Mr. Croker opposed on behalf of Mr. Fitzgerald, insolvent’s brother-in-law, for a private debt, and also to get up some legal documents. – Mr. M’Nally said the insolvent had no objection to give up the documents. – Mr. O Brien said that the Mess. Webb offered the insolvent, if he showed he was unable to pay, that they would not expect anything from him, and would be as good friends as ever. – Mr. M’Nally said that the Mess. Webb put on twelve bailiffs under a special warrant at Sunday’s Well, who had acted very improperly in insolvent’s house. The furniture taken was valued at £37, and insolvent returned property to the amount of £22. – Mr. O Brien said that, although the property was seized under the special warrant, still his clients could make no use of it, as the whole property was vested in the provisional assignee. He denied that the bailiffs acted improperly. – It appearing that a sum of £18 a year in right of his wife was not on the schedule, Mr. M’Nally agreed that it should be stated on it accordingly. - John Fenton, sworn and examined by Mr. O Brien – Sold the hams of Mess. Webb to insolvent, who did not pay for them; there were hams in the shop the day previous to the attachment being laid on; went to see the attachment laid on in Patrick-street; insolvent was taking down the scales at the time; he said ‘my eyes were out.’ The hams and everything was gone. Went to Sunday’s Well and laid on the attachment for the first time; had seven men at Sunday’s Well, but had only four at first. - His Honour said he could not understand the case – here was the insolvent owing £952, and no debts due to him. All this expended within five years. – Mr. M’Nally – He took the benefit of the Insolvent Act in 1841. – His Honour – I Suppose he is to take the benefit of the Act every five years. – Mr. M’Nally – They were not his own liabilities, but debts due by others. He wished that the insolvent would be sworn for the purpose of putting a few questions to him. – His Honour – Let it be done. His Honour called on the insolvent to account how he could owe £900 to his creditors, including a debt to his brother, and not have anything to meet it. - The insolvent sworn – His business became bad; he had a wife, sister, and four children to support; his rent was £200 per annum; he had taken the benefit of the Insolvent Act in 1841; his liabilities then were not his own; they amounted to 4 or £5,000, but his own debts did not exceed £1,200; did not remove any of the property until the Mess. Webb refused to give him one hour for payment. – To Mr. O Brien – The Mess. Webb did offer to forgive if I could shew that I was unable to pay my creditors, but that was after the execution. The Mess. Webb were offered £20 out of the debt by Mr. Corah, and it was refused. - Mr. Fenton swore that no such offer was made; in fact if £5 was offered it would be taken. Mr. Corah said something of £20, but no offer of it was made. The Insolvent having agreed to hand over the document to the Rev. Father Mathew, and Mr. Bloomfield Webb having been appointed assignee, the petition was discharged.’

Riordan, Denis, NL, Farmer - (7/4/1847) – ‘who was returned as a farmer, occupying 40 acres, next came up for his discharge. - Court- In what state is this land? - Insolvent – There is no crop in it, I have no seed to plant it. - Court – Where, you unfortunate man, is the seed to come from? Do you mean to tell me that you would keep such a quantity of land uncropped at such a period as this? What is to become of the country with such rash improvident men? My good man, you may starve yourself if you please, but you have no right to starve the community. Who is your landlord? - Insolvent – Mr. Edward Ash, of Macroom, is the receiver and agent under the court. - Court – And a very pretty agent he is, it appears. - Insolvent – About two months ago he took my cattle under a distress, and sold them for rent. - Court – What did he sell? - Insolvent – A horse, my Lord, the creditor here took the cow under a civil bill. - Court – A bad state; your detaining creditor here took your only cow, and your landlord took your horse. - Mr. O Brien – Had you a decree for £16 against your landlord, and did you receive the cash? - Court – And spent it like a gentleman. - Insolvent – I did not get the money. I sold the decree. - Court – And what is to be done, Sir, with the land? Your lands are waste, and your habits are utterly demoralised. I must dismiss the petition for your prevarication. You are a ruined man, not merely in point of property, for that is bad enough, but I mean in your virtue. Give up the property. You are a tradesman, you say, and you have room enough to profit by the honest pursuits of trade (laughter). - The schedule was ordered to be amended.’

Riordan, James, City Insolvent, Professor of Dancing - (7/4/1847) – ‘was opposed by Mr. O Brien on the part of Mr. Fitzpatrick, merchant tailor, by Mr. Power on behalf of Thomas Buckley and also by John Duke, a victualler. - Mr. O Brien said the extravagant career which the insolvent pursued, and which led him into his present difficulties, was one which must bring infinite discredit upon him. The debt of Mr. Fitzpatrick was for £13, of which £4 10s. was tent. He understood that he had obtained a watch worth £28 from Mr. Hawkesworth, and the day after pledged it. - Mr. Fitton, for the insolvent, stated that Mr. Hawkesworth had obtained his money, having issued an attachment, under which a horse and other articles of property were sold to pay it. - Mr. Power – That was the horse which my client, Mr. Buckley, gave him. - John Duke complained that the insolvent took £29 worth of beef from him before Christmas. - Mr. M’Nally – A very natural season to get in a good supply of beef to the house. - Mr. Fitzpatrick stated that when he came to his establishment to order clothes he talked of making a dash, and alluded to a matrimonial speculation he had then on foot (laughter). - Mr. M’Nally said his client had dealings with this creditor to the extent of £100 within the last four years, and of that amount there only remained due to him £8. - Mr. Power understood the insolvent was earning £300 a year at his profession. - Mr. M’Nally - £300 a year! Why he should marry Lola Montez (laughter). - The Court said the insolvent should be allowed out on bail.’ - (14/7/1847) – ‘James Riordan, professor of dancing, was opposed by Mr. Power. - The Commissioner declared his intention not to send him to gaol again. He was a professional man, and more excuses were to be made for him indulging in expenditure, as calculating upon the income of a profession, than in the case of ordinary people of mature experience. What is your ground of opposition? - Mr. Power – The ground, my lord, is that he got a horse from my client without any means of payment. - The Commissioner – Had not the man a profession? There was a race of creditors; there always is, and who can get the first attachment is the man, without, any regard to the justice of his claim. - Mr. Walsh said that there was never a case in which a young man was more ruthlessly sacrificed. The person for whom Mr. Power was engaged, had stated to him that he believed the insolvent intended honestly. At the time of his arrest, he was in the receipt of an excellent income, and they regularly pauperised him, and prevented him probably from ever raising his head. There was property of the most valuable kind belonging to him sold for next to nothing. Altogether it was a scene of ruin mercilessly put on him by a man who held a very high position in the city. He made this statement without being engaged for the insolvent, but from his acquaintance with the transactions. - Mr. O Brien stated that he was instructed on the part of one of the creditors, seeing the Insolvent’s state of health, to withdraw his opposition. - The Commissioner, after saying that his profession required the purchase of a horse, ordered his discharge.’

Riordan, John, Caherborrane, Millstreet, Farmer, (30/6/1846) – ‘was opposed by the receiver in the case of Leader v. Riordan, but after an investigation of the case was discharged.’

Robinson, Edward, Cork/Dublin, Insurance Agent - (24/5/1847) – ‘The discharge of the insolvent was opposed BY Mr. Rogers, as of Counsel for the Standard Life Insurance Company. Mr. Rogers stated that in 1836 the insolvent was appointed as agent for the company at Cork, and he continued to act in that capacity up to 1846. In the early part of 1846 the insolvent was appointed as secretary and manager of the company’s concerns at Dublin, and up to that period there was no complaint made against the conduct of the insolvent. In the early part of the latter year the company discovered defalcations in the amounts of the insolvent, and the compliant commend here. Before the insolvent went to Dublin, he, in conjunction with his son, carried on the business of the company at Cork, and, what he (Mr. Rogers) had to complain of in this respect was a breach of trust committed by the insolvent in his capacity of confidential manager of the company. It was the habit of the company to get their accounts furnished every quarter, and in January 1846, there was a quarter’s account due which the company got furnished by the insolvent after some delay. The next account was due in April, and the company found great difficulty in procuring that, so much so that they sent over an agent from Edinburgh, where the head office was kept, to Dublin to inquire into the matter. On an investigation taking place it was discovered that a considerable deficiency existed in the insolvent’s accounts, and amongst other items it appeared that he had drawn a sum of £900 from the bank, as he alleged, to pay a demand on the company; but it appeared that he had not done so, but applied it to his own private purposes; and it was also ascertained that several sums of money had been received by the insolvent, which he did not enter in the cash book, but had applied them to his own use. There was one sum of £390 entered as paid into the bank account of the company, whereas a sum of £90 only had been applied for that purpose. Altogether, the defalcations in this way in the Dublin concern amounted to £1086, and the insolvent admitted the default, but said he would at on pay it. He accordingly gave a draft on his banker at Cork for the amount; but when the draft was presented at Cork it was dishonoured, and turned out not to be worth the value of the paper on which it was written. This circumstance led to an investigation of the affairs of the company at the Cork branch of the establishment, and deficiencies amounting in the whole to £4,471 were discovered. The insolvent got money to settle claims on the company, but he never paid the money, and in fact he (Mr. Rogers) was of opinion that this amounted to embezzlement of the company’s money. There was a person named Sullivan who was concerned with the insolvent in bill transactions, and – Court – Unless your claim be a debt due to the company, I have no jurisdiction in this case. Do you, Mr. Rogers, on the part of the company, claim a debt due to them in addition to the £4,400? If he has received sums of money and misapplied them, I have no jurisdiction in such a case. - Mr. Rogers – Suppose the company were liable to third parties, and that the insolvent received sums of money to satisfy such claims, and that he did not so apply the money, would not he be liable to the company? - Court – Misapplication of the money would not make it a debt. - Mr. M’Nally for the insolvent, said his client had a property of fifteen or sixteen hundred a year to meet any demand that might be made on him. - Mr. Robinson was then examined, and it appeared that a sum of £1,100 had not been accounted for in his schedule, but this arose in consequence of a mistake in a tot. The witness said he paid since 1839 about £200 a year in public and private charity, and he could prove it by documents. He owed about £2,400, and had property to the amount of £1,800, and securities on old lives for nearly eight thousand pounds. - The case was then adjourned for a week in order to make out the error of £1,100, and the court adjourned to Saturday.’

Rubie, John, Shandon St., Cork, Harness Maker - (Lists 11/7/1849 & 22/8/1849)

Sheehan, Patrick, Egmont, Buttevant, Dairyman - (Lists 11/7/1849 & 22/8/1849)

Sheehy, Timothy, Clonakilty, Boot & Shoe Maker - (Lists 11/7/1849 & 22/8/1849)

Shine, Eugene, Cork, Salt Manufacturer & Contractor - (Lists 11/7/1849 & 22/8/1849)

Smith, George, Youghal/ Cork/Dungarvan/ Philipstown - (11/8/1847) – ‘George Smith, Youghal; then of the Grand Parade, Cork; then of Dungarvan, trading as ‘Smith and Co.’ haberdasher; and late of Philipstown, King’s co., trading with William Francis Fury, under the style of ‘Penrose and Co.’ general shopkeepers.’ - ‘Orders have been made vesting in the Provisional Assignees the Estate and Effects of the following persons.’

Sullivan, Edward, City Insolvent (?) - (7/4/1847) – ‘discharge was resisted by Mr. O Connell, on behalf of Corns. Sullivan, of Mill-street, and by Mr. O Brien, on the part of James Cooper. The plaintiff’s schedule stated the he had property worth £60 a year. The former creditor was appointed assignee, and the petition granted.’

Sullivan, Joseph, Blarney Lane, Cork, Pensioner - (Lists 11/7/1849 & 22/8/1849)

Sullivan, Timothy, NL - (14/7/1847) – ‘discharge was opposed by Mr. Fitton on the part of Timothy Lynch, on the grounds that he had gone into gaol under a warrant from the Court of Conscience. The Commissioner ordered a discharge in the case. ‘

Tancred, John, City Insolvent, NL, (12/3/1846) – ‘was opposed by Mr. O Callaghan, of Dublin, on behalf of Miss Mary O Neil. – Mr. O Callaghan said that he thought he should be able to show suppression of property, and he also charged the Insolvent with putting his client to considerable expense in litigious opposition. - Insolvent examined by Mr. O Callaghan. – Arrived in Cork, from Dublin, on Sunday; had been extensively engaged in the glove trade; had a shop in Dublin; it was not now in his possession; attended the fair of Ballinasloe for nine or ten years; attended that fair last year; some of the goods unsold were brought to Cork, and other portions taken to Dublin; Mr. St. George owed him some money for work for his servant; those goods were delivered since he had filed his petition. - His Honour – Are you still in business? – Insolvent – Not in much those three years back. – To Mr. O Callaghan – Has been distrained for rent on the Grand Parade: did not owe it. - Mr. O Callaghan said that insolvent stated that he attributed his insolvency to being distrained for rent which he did not owe. He was distrained by the receiver of the head landlord for £13 due, while the goods distrained were only of the value of £2 10s. The insolvent stated also that his son-in-law sold him out under a writ for £500, that being his marriage portion. It also appeared from his own statement that he attended the last fair of Ballinasloe, and what became of the property he had there? His son-in-law sold other property in Cork last November for 3100. What became of that? – His Honour – He owes £1,484. - Mr. O Connell said that the insolvent was put to great expense in being indicted for a nuisance for the building of a glue yard. – His Honour – What has become of the house? – Mr. O Callaghan – He owes my client £70 for one year’s rent for the house. I had to bring an ejectment for the possession to which he had taken defence. The lease is in the Bank as a security for bills. - Mr. Scannell said that the insolvent had carried on considerable trade, and had employed a great number of workpeople. The insolvent was ready to give a consent for judgment, and thus get rid of the ejectment. - The Insolvent said that he took only £100 worth of property to Ballinasloe, which he lost by, the goods not paying first cost. He was for 40 years in business, and when his Insolvency came on he might have owed £3000, for his credit was unlimited. – Mr. M’Nally said that Miss O Neil was the only creditor opposing, and that was for rent. – The Insolvent was discharged, he undertaking to give a consent for judgment, and giving up the house to Miss O Neil.’

Towell, Edward, City Insolvent, Painter & Glazier - (7/4/1847) – ‘ was opposed by Mr. Edwards on the part of the detaining creditors, Mess. Pinkness and Jordan, on the ground of his endeavouring to defraud them of their rightful claim by consenting to a judgment for the debt, and afterwards pleading the general issue against a second. With the assent of the creditor’s agent, the case was allowed to stand over to the next commission.’ - (14/7/1847) – ‘ was discharged without opposition.’

Turner, John, Ship Owner, NL, (14/7/1847) – ‘John Turner, ship owner, was discharged, opposition being withdrawn.’

Turner, John, Whitepoint, Cove, Gentleman, previously of Annebrook, Cove, farmer and coal dealer. - (26/5/1847) – To be heard at Cork 12^th July

Tyrell, Thomas, Youghal, Hotel Keeper & Coach Driver - (Lists 11/7/1849 & 22/8/1849)

Walsh, John, NL, Farmer - (7/4/1847) – ‘a farmer holding 33 acres, was opposed by his landlord, William Walsh. The petition was granted.’

Walsh, Thomas, Skibbereen, Painter and Glazier - (14/7/1847) – ‘was opposed by Mr. Walsh on the part of Sir W.W. Beecher, his landlord, from whom he held a lot of ten acres of ground, for rent; and also by Mr. O Brien on behalf of Mr. Attridge, another landlord, and by Mr. Julian for Mr. Cart.., also a landlord. - Mr. M’Nally stated that the man he believed had effected various improvements on his land, which Sir W.W. Beecher would be happy to have the benefit of without showing regard to the tenant right. - The Insolvent was sworn, and stated that he had erected several buildings on the ground, the value of which he estimated at £200. He was discharged.’

Williams, Richard, Main-street, City Insolvent, Leather Dealer - (14/7/1847) – ‘was adjourned, the insolvent being in fever, to the next commission.’

Wood, William E., City Insolvent, NL, (12/3/1846) – ‘opposed by Mr. Scannell on behalf of Mess. Walker, Wright & Co. of Liverpool; the Insolvent had been employed by the Company as a Commercial traveler for the sale of sugar, by taking orders. He had no authority to take money, but, notwithstanding that, he had taken up a sum of £60, contrary to the instructions of the Company. Counsel stated that the insolvent was opposed with the view of protecting the mercantile interest. – Mr. Walker, of the firm above mentioned, and the insolvent having been examined, His Honour said that he did not think the opposition should be pressed, and the suggestion being concurred in, the Insolvent was discharged.

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