Bankruptcy in 19th century

[pottypainter]

Hi. I have spotted an Edward Smith, printer of Birmingham, declared bankrupt in May 1860. This is in all the national papers, copied from the London Gazette. However, I can find no address for this person to identify him as there must have been a few Edward Smith printers in Birmingham, including my Gt gt grandfather who became the oldest master-printer in the city when he died at the age of 82 in 1910.
How can I find out if he is this same person? is there a comprehensive record of bankrupts anywhere to be seen? I'm pretty sure he didn't go to prison as he was in the 1861 census.

 

[suemalings]

There is an Edward Smith on the 1891 census living with Bertha, his wife and children Florence & Ada. The address is 32 Victoria Road, Aston. Edward is recorded as being 63 years old, born Birmingham Warwickshire and is a Printer and Stationer. Could this be your Gt. Gt. grandfather?

 

[suemalings]

The only death record I can find (Free BMD) is Edward Smith September quarter 1910, Birmingham age 81.

 

[suemalings]

Bertha is only 28 years old, so this would be perhaps a second marriage?

 

[pottypainter]

Thank you for your kind offering but I have all that information,, I've even written a book about him but I've since discovered a bankruptcy notice and I want to know if this could be him but there is no address to identify him. I need to know the address of the bankrupt Edward Smith to establish if it was indeed my Gt Gt grandfather. How can I get hold of addresses of bankrupts in 1860 as the London Gazette, which publishes lists every week did not publish an address? There must be several Edward Smith Printers in Birmingham, but which one was the naughty boy?

 

[pottypainter]

There is an Edward Smith on the 1891 census living with Bertha, his wife and children Florence & Ada. The address is 32 Victoria Road, Aston. Edward is recorded as being 63 years old, born Birmingham Warwickshire and is a Printer and Stationer. Could this be your Gt. Gt. grandfather?

yes, it is.

 

[pottypainter]

Bertha is only 28 years old, so this would be perhaps a second marriage?

Yes it is.

 

[pottypainter]

The only death record I can find (Free BMD) is Edward Smith September quarter 1910, Birmingham age 81.

I know when he died, thank you for that.

 

[suemalings]

If he was from Birmingham then perhaps you could look in the archive of the local papers. Sure if it was mentioned in the nationals it would perhaps give more details in the locals.

 

[pottypainter]

Hi, thank you, yes I've checked all the papers, Ariss etc in the BNA but they just list names, occupations and towns. I wondered if there were any court records available anywhere and if anyone else has had this problem.

 

[sospiri]

Pottypainter,

The only people who would be likely to hold his address are the courts (most records that old have been destroyed) and his lawyer (if he had one, the lawyer hasn't gone out of business, or destroyed such old records). If he was made bankrupt in Birmingham, there is a faint chance that Birmingham Archives at the Library of Birmingham might have something, but that's only if his lawyer decided to deposit old files with them. But then there is very little cross-indexing and most material of that type is not digitised.

It is nowadays a requirement for the petitioning creditor to post in the local papers his application to have the creditor made bankrupt to ensure that, if the creditor had closed the business and moved on, that best efforts to locate him have been made so he can attend court to defend himself. It also serves as a caveat emptor to other suppliers, who may wish to support the petition. I don't think that this law was in place in 1860. In short, I think your chances are slim.

Maurice

 

[pjmburns]

In the 1855 directory there is only one Edward Smith printer listed - at 37 Summer Lane.

 

[pottypainter]

Hi Master brummie, you might have something there! I don't have Summer Lane as any of my ancester's addresses. That implies that there was aanother. I will check. That's excellent. thank you.

 

[pottypainter]

Pottypainter,

The only people who would be likely to hold his address are the courts (most records that old have been destroyed) and his lawyer (if he had one, the lawyer hasn't gone out of business, or destroyed such old records). If he was made bankrupt in Birmingham, there is a faint chance that Birmingham Archives at the Library of Birmingham might have something, but that's only if his lawyer decided to deposit old files with them. But then there is very little cross-indexing and most material of that type is not digitised.

It is nowadays a requirement for the petitioning creditor to post in the local papers his application to have the creditor made bankrupt to ensure that, if the creditor had closed the business and moved on, that best efforts to locate him have been made so he can attend court to defend himself. It also serves as a caveat emptor to other suppliers, who may wish to support the petition. I don't think that this law was in place in 1860. In short, I think your chances are slim.

Maurice

Hi Maurice, thank you for that information. I was afraid that might be the case. However, it may be that I've found the other Edward Smith printer so will go from there. Also will check with archives. thank you very much.

 

[mikejee]

He is also a printer , stationer and newsagent at 37 Summer lane in the 1858 directory (remember that dates are publication dates, and probably refer to year before, or in early directories occasionally even longer before). In the 1862 corporation directory no 37 Summer lane is a Thomas Dodd, newsagent & tobacconist . There is however listed an Edward Smith printer at 10 Steelhouse lane in the 1862 directory

 

[sospiri]

Pottypainter,

Here's some clippings, names and dates for you re: the Birmingham printer Edward Smith who was made bankrupt, apparently by filing his own petition.

From the 1858 trade directory, the nearest available to the date, listing printers. There is only one Edward Smith, the same one that Janice has in 1855. Here's the clipping:-


From the same 1858 directory, here is a listing of the Smiths in business:-



From the Birmingham Journal dated 4th June 1859, he's advertising for a machine minder:-



But less than a week later from the Birmingham Journal dated 9 June 1859 he is filing a petition for his own bankruptcy:-



The next item is a Petition of Adjudication from the Birmingham Journal dated 25 May 1860, but there is either a compsitor's error or else it was poorly scanned as the year looks like 1850!



On the following day the Birmingham Journal advertises the sale of his assets:-



Note that the Summer Lane business has been closed down and he has moved to Warwick Place, Little Cannon Street. It is interesting to note that his printing machine was steam driven! And now a list of what his assets realised from the Birmingham Journal dated 30th June 1860:-



The fact that he didn't go to prison and that he was one of the oldest printers when he died most certainly doesn't mean that this isn't your Edward. There are 137 Edward Smiths on the 1861 Census in Birmingham, but without a spouse's name or other detail, it is too time consuming for me to wade through them all. I hope this helps.

Maurice

 

[pottypainter]

That's wonderful, thank you. It's funny how some people can find things that others can't. Now I know for sure it wasn't my Edward as he was in Gower Street, and in 1860 he was probably working with his brother, Thomas Henry Smith the engraver and fine arts publisher in Bread St. I just had to make sure. Edwards business after 1860 was in St Paul's Square.thank you very very much