Star. — London, England, 1802-08-24 00:00:00

Of CR S 7np. uf. rs, for xi IL A UL 'of NY, LAW nrrELLibEivcs. tw* AU a: the ;big ii rout 'rig and hips chi ins 3 cr lest or Rog 084 V HIGH COURT OF CHANCERY, AUGUST 23. LATiiitoPP MURP AV'S BANKRUPTCY. This Tuition was called on at ten o'clock, when M r . IFMRFRTI , N tequelted it might Rand over oil twelve, in order that Mr. Gill, the poi thiain..; creditor, might make an affidavit. Mr. p Atcri ;in, the Solicitor, had, he Paid, ufed every erid:aeoor :o tied him, and had fortunately met with him year rday. The Leto CRANCELLOR adjourned the petition f or t wo holies, but Mr. Gill's affidavit was not forthcoming. The SoLic !TOR-GENERAL produced a petition from Lahropp, which Rated, that in February laft he became acquainted with Mr. John King, at that time a wino- in the Portland-place bank ingtoinfe he introduced himfelf to the petitioner, a voting inexperienced man, carried him to his boor. ta dinner, and treated him with amazing folendour and hofpitality that, deceived by thefe arpcarances the petitioner imagined King to be a twin in very opulent circumllances : that upon one yea a tion, when he had dined with King, and b e , ii plentifully fapplied with wine, after the Ten of the party had commenced playing auhsjl, King took him into his Judy, and in the molt glowing, eirrgctic language, reprefented to him the im. :node profits of banking ; pointed out to him the lciafits that would of tourfi accrue from Inch an e nterprife, and counfelled him, as a friend, to embark in fuel' a concern along with himfelf, as Ii (King) was about to eflablilh a banking-houfe at Wen Felton-hall, in Shropfhire, where he had a linall eilater that, conlidering the elegant man ner in which Mr. King lived, it was impollible for the petitioner not to be impreffed with the moll favourable notions of the advantages of banking. it was therefore not aflonilhing that a young man Amid attend to the propofal which had been made to him ; and in confequence of the favourable im preflions which Mr. King's Ilyle of life had given him, he aCtually fubfcribed an agreement to be come a partner in the bank in Shropfhire. Soon after that tranfaClion, King began to mention the petitioner as a partner in the Portland-Place Bank, which ciicumflance induced the petitioner to re monftrate with King; but the latter infilled in the moll dire& and pofitive terms that the paper which the petitioner had figned was a complete contra& of partnerfhip, and that if he did not fulfil the ternis, he (King) would circulate notes which woald ultimately come upon the petitioner and rein him. The petitioner being alarmed and inti midated by thefe threats, at length figned a deed of general partnerfhip in the banking bulinefs.— The petitioner thought it proper to explain the reafon why he had alfumed fo many names: he had married a young Lady of the name of Clarke, and took her name in order to obtain her fortune; thi, Lady inherited her property from her grand father, whole name was known, and the petitioner had likewife affumed that name. The petitioner farther Rated, that, finding the notes iffued by the Portland-Place Bank were diflionoured, and that' T. Levefon Prelcott, the other partner, was infol t vent, he exerted himfelf to the utmoft in order to get rid of the connetLion in which he had fo im prudently engaged. The partnerfhip was loon afterwards at an end, but King did not fign the deed, as his name was not in the firm. King had ;Toed the Company's notes, in order to 44i:barge his own private debts. Gill, the petitioning cre ditor, had no claim on the partnerfhip, but had in this manner got from King bills to the amount of 3501. Gill was an aenal creditor of the petitioner, only to the extent of :31. 7s. sd. and he had re peatedly declared that he had no demand to make, if that fum was paid. He made that declaration to the petitioner's mothet ,from whom he demanded the money, and added that if it was not paid he and Mr. King would be the petitioner's ruin. The Soticiroa GENERAL having read this nate :tient remarked that it mull be obvious that the commiffion of bankruptcy had been moll impro perly taken out, and of courfe that it ought to be fuperfeded. Every fa& ftated in the petition was flrengthened and corroborated by affidavits. The pactee t ibip only took place in March, and was ter minated about the beginning of April. Gill, the petitioning cieditor,was not to be found, but there was no debt due to him from the partnerfhip.— When the manner in which thisunfortunate young man had been drawn in by King, who in addition to elegant dinners and a difplay of his magnificent fidehoard of plate, introduced him to Lady Lana bibrough, was confidered, his yielding to King's ur gent folicitatiuns,would not appear very furprifing. But, independent of this, it did not appear that the petitioner had any idea of being concerned with a bask inLondon: he only agreed to become a partner of one in Shropfhire. This, however, a as not King's defign, for be told the petitioner that he had i: in his power to iffue notes which 0. , 4:d equally effe& him and the other partner.— Knig was anxious to redeem his plate, and wifhed the petitioner to fign a fccurity, and upon his re. ft,i,il threatened him with total ruin, adding that he would not leave him a tingle acre, or a Rick [landing upon it. The firft time the petitioner law Cen was at King's bottle, with whom he appeared to b: perfealy intimate: it was admitted that Gill had cupplied the petitioner withlinento the amount of 131. 7s. ad. and this was the extent of his claim. Gili h ad applied for this fum by a letter, addrelfed to him as Calmed Lathropp. The Lott) Citaiicettoa" Then be has been in the Army." Mr. PF MBERTON....J 6 His Grandfather, I believe, was a Colonel." The SOLICITOR GENERAL then read the letter, which was in the following terms:— " DEAR COLONEL, " Haring a payment to make on Monday, I beg " you will let me have the :31. 7s. ad. which is " the amount of your account; I than be at King's " toanorrow.—Do not dilappoint me." The Learned Counfel then proceeded to Rate fithnance of an affidavit made by the petition er's mother. Gill had called upon her for pay :rant of this account. He ufed the fame ih-eats r.(l ftrong language which had been reforted to by on the former occafions. lie Paid if he was not paid the thirteen pounds he would make her fon a bankrupt, and totally ruin him, but that if tht debt was paid, he would free him from all his embarraffments, as he had King in his power, or rather between his finger and thumb. It therefore appeared that no other debt was due to Gill, and tfie bankruptcy teemed to be a fhameful fraud and - • - • - - a grofs inftilt offered to the Court. He concluded by humbly fubmitting that as no petitioning cre ditor appeared, that the commillion fhould be fu- perfeded, and the bond afligned over. Mr. COOKE was on the fame fide, and likewife urged, that as no petitioning creditor came for ward, the bankruptcy ought to be fuperfeded. It had frequently been decided, that one partner could not give the notes of the partnerlhip in pay ment of his own debts. The LORD CHANCELLOR obferved, that with re fped to that point he mull fee what was Rated on the other fide. Upon looking at the affidavits of Gill, he found it Rated that the debt to which he had fwoin confined of tiny promiffory notes, received for linen furnifhed to the Portland-place Bank. Thefe notes were accepted by Prefcott and King, and he received them between the aoth and 3cth of April laft. They were for goods delivered. Mr. Coons remarked, that all this was contra dieted by the repeated affidavits of Lathropp and others. To ilrue their own notes for goods was not the cuftom of Bankers. Their bufinefs was to receive money from others, but he believed no perfon had ever trufted this Bank with any. Mr. Ps m BERTON appeared on the other fide. He i hoped the Court would put out of fight all that had been faid relative to King, Lady Lanefbo; rough, fplendid dinners, Sec. which had nothing to do with the cafe. Thefe ftatements were made for the pin pole of exciting prejudices in the public mind with refpea to this fubjeet ; but he was fen fible they could make no itnpreffion on the mind of his Lordlhip. The plain queftion was, whether there was a Petitioning Creditor ? He would prove the affirmative. The fags which had been Rated I in the petition were not fupported by the affi davits ; whether the banking concern was carried ' on in Shropfhire or in London, all the Proprie. tern were equally liable. That there was a part. nerthip, and that the goods in queftion were fur nifhed for it, were clear beyond all doubt, though he had not had time for pofitive proof in conk. quence of Gill having, for reafons heft known to himfelf, abfconded. It ought not to be forgotten, that Gill was very Arialy examined as to the foun dation of his debt before the Commiffioners in Guildhall. It was alfo worthy of remark, that among the debts which were proved before the Commillioners, there appeared feveral bills in Lathropp's hand-writing, though he had now the audacity to pretend that there was no part nerfhip-bufinefs done in his time. Betides, there was an affidavit of another perfon for a debt on the partnerfhip, to the amount of isool. and he fubmitted, that if he eftablifhed the debt of Gill, as well as this other debt, the bankruptcy could not be fuperfeded, notwithftanding that Gill had withdrawn. The perfon who had proved the debt of !soot was a Mr. Birch. In defending the intereft of this Creditor, he bad a right to fupport the claim of Gill; as it was of importance to his Client that the bankruptcy fhould not belfuperfeded. He therefore would thew that Mr. Lathropp had entered into a real partnerfhip with King and Prefcot, and that both Gill and Birch had fur nifhed goods to the Company. The LORD CH•NCELLOR obferved, that there certainly was an a ffi davit of Mr. Birch to a debt of god. for goods delivered to the parnerthip, but the articles were not mentioned. Mr. COOKE Paid they were pantaloons, &c. not articles in which Banks are much accußomed to deal. Mr. PEMBIZTON would prove that the goods in both inflances were delivered with the knowledge of the Bankrupt ; he would aim() prove, from a converfation which had taken pia& between the parties, that Lathropp had admitted Gill's debt to be jun. At a meeting which took place in a coffee houfe fur the purpofe of bringing about fome fet dement, Lathropp told Mr. Birch that he had three thoufand pounds coming to him from Scotland be ing part of his wife's &mine ; that if he would wait for that, he would give him a poff-obit bond on it, which would not only include his debt, hut Mr. Gill's alfo. Now he muft contend, that the perfon who treats for the fettlement of a petition ing creditor's debt, could not afterward come for ward and deny the esiffence of that debt. Could it be fuppofed, that when he was offering fecurity to Birch, he would alfo propofe to give fecurity to Gill, if he was not in his debt ? The Bankrupt Rated that he had taken the names of Clark and Browne, in confequence of marrying a Lady, but he had given no account why he had taken the name of Sir Robert Murray. The LORD CicaricaLLoa faid, that when he con- fidered paper to the amount of t 36,0001. had been ifued by this Bank, he was not difpofed to relieve any of the perfons concerned in it from their re fponfibility. The SoLtcyroa GENERAL re• Rated the ground of the application, that no petitioning creditor ap peared, and that the debt he had clamed was not due to him by Lathropp. Mr. PEMBERTON contended that Lathrop') had admitted the debt in his converfation: The Logo CHANCELLOR obferved that he allow ed Mr. PEMBERTON the full benefit of all he had urged, when he :aid that if Mr. Birch chofe to try the Bankruptcy, he might. The SOLICITOR GENERAL informed the Court, that the Mr. Birch, fo often mentioned, had de fcribed himfelf to be a merchant in Monkwell-Rreet.‘ Careful inquiry had been made in Monkwell•Rreet, for him ; but this Mr. Birch, this great merchant, who had fold I cool. worth of pantaloons, was not to be found. It was indeed difcovered that there was a perfon of the fame name in Monkwell•Rreet, who lived with a glazier, and it was poffible that he might be the dealer in pantaloons. With regard to the afertion of Birch, as to Gill's debt, that was contradicted by the affidavits of Lathropp, his mother, and the maid fervant : but it was admit ted that Lathropp owed Gill 131.75. ad. and that might he the debt which was to be included in the poll-obit. As Gill did not chufe to appear, he &mild think that his Lordthip would fuperfede the Bankruptcy, and aflign the bond. The LORD CNRNCsLLOR law more difficulty in the cafe than the Learned Counfel feemed to be aware of. When fo many perfuns had been taken in, and fwindlesi out of their property, it was ne ceirary the Court fhould ad with the greater eau tion. It appeared to him, that, inftead of fuper feding the Bankruptcy, Mr. Lathropp ought to be left in the fituation in which he now was, and that he fhould bring his action againtl the Affignees— You fay in your affidavits, that King itEied the notes of the Bank in payment of his own debts. If , people will fet up Banks by buying and felling pan taloons, why is this Court to affitt them in luch fchemes ?—lf the 3001. worth of goods Rated to be furnifbed by the petitioning Creditor were to go into the next pawnbroker's (hop for the purpofe of raifing money, was the Court to relieve any of the 1 parties from their refponfibility ? When you bring your action againft the Affignees, fume farther islight will be thrown on this tranfaCtion. Mr. Coolie—" My Lord, the caufe will come back here again." The LORD CHANCELLOR—" It may ; but if it goes before a Jury it will come back in another !lupe, and I thall then know which of your llate ; ments are to be believed." Mr. Coolie—" It will not go to a Jury, my Lord, as there is nobody to appear on the other fide—it will go by default." The Loan CH ANC ELLOR-.-." I will not fuperfede this commiffion, unlefs I find that proceeding un avoidable—You mutt find Tome means of bringing the quellion into a Court of Law." Mr. PATTkR SON, who is Solicitor for Mr. Birch, as well as for Mr, Gill, was in Court. The Loa") CHANCELIOR Aced him if he had yet found Mr. Gill ? Mr. P.m sasow faid he had not. In that refpett he was in the fame &nation as when laft before the Court. He had made a moll diligent inquiry after him ; but all his endeavours to difcover him had been unfuccefsful. SPORTING INTELLIGENCE. HEREFORD RACES, WEDNESDAY, AUGUST 18. Fifty Pounds for all ages. Mr. Smith's Dapple, 6-yrs old, 9ft. sib. - M:Delme's Lucan, 6-yrs old, 9ft. 31b. CoL Kingfeote's Harriet, 3-yn old, feather 3 diC Mr. Saunders's Orauge Flower - - dr. THURSDAY. Fifty Pounds for three and four year olds. Mr. Saunden's Orange Howes, 4-yrs old, Bft. a sib. walked over. Hunter's Sweepftakes, Eight Subfcribers, Ten Guineas each. Mr. Coventry's Logic O'Buchan, walked over. Faitsay.--Fifty Pounds for all ages. Mr. Smith's Dapple, 9ft. 31b. I I Mr. Painter's Crewel), yft. sib. - - 2 2 Mr. Owens's Cantator, late True Briton, Bft.l3lb 3 3 The Boat Races and Sailing Matches, on Thnrf day and Friday mornings, afforded much amufe ment to the very numerous and refpeitable corn pany who promenaded the Banks of the Wye— where the ufual refrethments of public breakfafts, Sec. were prepared in the Marquees crated for the purpofe ; and the Hereford Militia Bend were placed in a barge on the water, and greatly enli vened the fcene by their excellent performance.— Major SYMONDS, M. P. for the city, is nominated Steward of the next Races. YORK AUGUST MEETING, AUGUST 21. Oatlaids' Stakes of pogs. each, h. ft. four year olds. Four Miles. Sir H. Nyi Illamfon's bay colt, Lasmaiter,by Sir Peter, . . - yft. 71b. - - " . c Sr W. Ocrard's bay colt, Haar, by Sir Peter, Ift. a Mr. Fawkcia bay colt, Dr. Solander, by Aurelius, Mt. 3 - - Six to 4 agft Lancafter, 6 to 4 'agft 9 to a agft Dr. Solander, and great betting be- tween Lancafter and Belleifle. A good race. The Oadands' Stakes of sogs. each, h. ft. +miles. Lord Darlington's br. h. Haphazard, by Sir Peter, pyrs old, BR. sib. - - Mr. Wentworth's bay b. Chance, by barber, 5-yrs oid, Sit. sib. 2 ' Sir H. T. Vane's br. b. Cockfighter, by Overton, &yrs old, Illt. solb. 3 Hon. L. Savne's chat h. Cinnamon, by Coriander, 5-yrs old, 71t. 4 Duke of Hamilton's bay m. by Walnut, out of Tickle Toby's dam, 7ft. alb. 5 Mr. Baker's bay h. Jonah, by Efespe, aged, SR. sib. 6 Two tat and 5 to a nit Chance, 5 to a agft Hap-hazard, 4 to r agft Cinnamon, 8 tot agft Cockfighter, and much betting 'between Chance and Haphazard. This was, perhaps, one of the fineft races ever feen on the York Courfe, and was only won from Chance and Cockfighter, with great difficulty. All the Riders [hewed the molt capital, and at the fame time, the molt fair jockeythip, ever dif played on a Racing Courfe. The Races, which commenced Taft Saturday, with the York Oatlands, are likely to afford much good fpOrt. Upwards of fifty horfes had then ar rived. A number of families and perfons of dif tinition have already come to York, and many more were expeded. The Racing Ground was in the very belt condition, and the weather had a favourable appearance. What with Races, Plays, Affemblies, Balls, &c. and the number of vifitors, the Meeting has every appearance of being the gayeft and molt falhionable that has taken place at York for a number of years. The following is a lift of fume of the families who have honoured the Meeting with their company : Duke and Duchefa of Devonibire, Duke of Hamilton ; Earl and Countefs Huwilliam, Earl and Counters of Carlifle, Earl and Counter.' of Darlington; Lord George Henry Cuendifh, Lord Milton, Lord and Lady Mezborough, Lord Millington, Lord mid Lady Harewood, Lord and Lady Morpeth, Lord and Lady Dundas, Lord Strathmore, Lord Belhaven, Lord Say and Sele, Lord Henry Fitzgerald ; Marquis Douglas ; the Hon. Lawrence and the Hon. Mrs. lltuidas, the Hon. Edward and Henry and Hon Mrs. Lafeelles, the Hon. Lumley Saville, Hon. G. Germain; Sir W. and Lady Milner ' Sir Thomas Gzf. coigne, Sir Charles and Lady Turner, Sir H. Williamfon, Sir F. Standilb, Sir W. Gerard, Sir Rowland Winne, Sir J. Lawfon, Sir H. T. Vane Sir M. and Lady Sykes, Sir George Armitage , Sir jo h n Shell ey; General Staveley ; Colonels Marriott and Childers • Major EUey ; Captains Taylor, Graike, Lee, Toor, idullers:Wardell, die. • CALTENHAIf, 4UGUST 33. The following are the latest arrivals here : Lord Garlic', Baron de Feilitzech, Col. Duviton, Major Mealy, Major Fortier, Capt. and Mrs. Salmon. CaFt.Codrirg ton, Capt. Laroche, Capt. Baker, R..w. Mr. Pro'Ter Rev. Mr. and Mrs. Jeffreys, Dr. Saunders, Dr. Hu!me,Dr.Chilho!nt, rvir. and Mrs. Amphlett, Mr. Mrs. and Mifs Page, Mr. Mrs. and two Mifs Litchßelds, Mr. and Mrs. MarlhaU, Mr. and Mrs. Gilktt, Mr. and Mrs. Colpoys, Mr. and Mn. Morgan, Mr. and Mrs. James Godwin, Mr and Mrs. Taylcr, Mr. and Mrs. Vanzards, Mr. and Mrs. J. O. Anderfen, and Mr. T. G. An derfon, Mr. and Mrs. Cooper, Mr. Mrs. and two Mifs Mr. J. Smith, Mr. J. Compel', Mr. R. Burton, Mr. FlerS..rt, Mr. `l' badman, Mr. Fitzgerald, Mr. Rudy, Mr. Clofe. Mr. Jones, Mr. Jarratt, Mr. Thornevill, Mr. Johullon, Mr. Mr.Theophilus Richards, Mr. John Harricks, Mr. John Mor gan, Mr. G. Moore, Mr. Mactianiara, Mr. Taylor, Mr. Car ver, Mr. and Mifs Smith, Mrs. I tangs, Mrs. ircitch, Mrs. D. Murray, Mrs. Blundell, Mrs. Woodring.on, Mrs. Ku:dad. Mrs. Soame, Mrs. Wynn, Mils Cooke, Aliii. Mender, M. Pardon, Mifs Tyndall, ate. See. wErmourff, AUGUST 21. Laft night their MAJESTIES and the PRIM cEssE; accompanied by the PRINCE of WALES and hi• daughter, Princcfs CHARLOTTE, honoured the Theatre with their prefence. Earl Sr. VINCENT arrived here lall night, and walked with his MAJESTY before breakfait on the Efplanade. This morning their MAJESTIES and the PRIN• cusses attended Divine Service ; after which his MAJESTY, accompanied by the Prince of WALES, the Duke of CUMBERLAND, Earl Sr. VINCENT, Lords WALSINGHAM, C. SOMERSET, and Sir H. NEALE, with a number of Nobility, walked on the Parade. BRIGHTON, AUGUST 22. The Ruffian Countefs of GEREBOETOFF befpoke a Play, at the def►re of the Performers, on Fi iday evening, and behaved with a generof►ty and po litenefs that did honour to her nation and her fez. We are concerned to bate that the houfe was but thinly attended ; and no Lady of quality did pro. per homage to the illuftrions &anger but Mrs. FtrznEaerarand Mrs. MOSEIAY. The Countefs de WORON zow was in the Prince's box, with her complacent poliflicd country woman. The Earl of PETERBOROUGH, the Bifhop of Sr. ASAPH, and the Hon. Mifs LAMBE, arrived yef to-day._ The Edinburgh and Berwick packet failed yef terday evening for Dieppe, with 36 paffengers. It is totufb now to indulge in water parties be fore dinner ; five or fix people hire a boat, and fail and paddle like the Phcenicians, on the Ikirts of the fhore. The undulating brilliancy of the fea, which fparkles at the meridian, added to the faline breezes which they inhale, ullifiesfuch expeditions, either with health or pleafure. The Ming village of Rottingdean has its full proportion of company this funimer ; in this fe quettered and unaffuming retreat are the following perfons, with their offspring and domeftics, viz. Lord Grenville and family, Colonel Packwood. Mr. and Mrs. Ford, Mr. anti Mrs. Baker, Mr. and Mrs. Chapman, M ifs Hyde, Mrs. Fonblanque and family, Mr. Macgenrge, Mr. Warburton, Mr. and Mrs. Radius, Mr. and Mrs. Jones, Mr. Williamfon, Mr. Battle, Mr. and Mrs. Tallow, Mr. and Mrs. Johnfton, Mr. and Mlfs Carter, Mr. and Mrs. Turton, and Mr. and Mifs Bagford. Lord GRENVILLE lives in the fame honk that was occupied by Mr. Purr and Mr. Vtxxi sits Taft fummer ; his eilablifhment is rumple, but competent to the Purpofes of utility. The plainnefs and ceco• nomy which he exercifes, involve a compliment to his underitanding as a man, and call a retrofpec tive hue of difinterefiednefs on his propenfities when a Minifler. Rottingdean is four miles from Brighton, on the road to Newhaven, and is remarkable fnr the Singular variation of its wells, which rife as the tide declines, and are nearly empty at high water The refearches of philofophy have not as yet been able to affix the caufe of this apparint contradietion in the courfe of nature. MARGATE, AUG. 22. The increafe of our vifitors this week has by far exceeded the produce of any preceding week dur ing the prefent feafon. Not a Hoy arrived with. out plenty offive flock—l do not fay live lunder.— One of there aquatic vehicles of Margate Fehiona hie: unloaded two hundred and fourteen. The amufe ments of this week have been but thinly attended ; the Races at Canterbury have feduced a great number of our Bon Ton. The public 1.. eakfalt at the Profpe& Green, attra/live as were all the for mer entertainments of the fame kind at the place, confequently fuffered by thofe Races. BETTISON'S Library, or rather Lounge room, was opened on Tuefday night, for the admiffion of Mafis, at a (billing a head. A band of mulic was provided for the occafton, and it is laid that Soo perfons were at one time crammed together in this room, for the purpofe of keeping each other warm in this/mere feafon. The alterably was not more floiirifhing on Tharf day than on the preceding nights. Indeed the company were molt lamentably thin. On Saturday morning Dandelion again exhibit• ed but a lorry alremblage of vilitors. Mifs CAMP• BELL'S benefit in the evening was Deaf and Dumb, and M/ in her Teens. Julio was performed by herfclf with expreffive and unaffected a&ion. MAR SHALL was De L'.Epi, and he a'quitted himlclf very well. St. .Alnt was performed by BARTLEY, a young Ador of very promifing talents. TAYLOR (hewed a good conception of charader in Derlernont and came off with eclat. Mrs. BEW played Mari. anne in an interelling manner, and Tung the inc dental air with much tape. Madame Franval admirably fupported by Mrs. TAYLOR. &mu , rung The Storm, between the ads, and was mui ' applauded. Imitations were given by BEW, am feveral Adors who have made their exit from •' Rage of life, were recalled to the mind with fpn and fidelity, as well as fume who now "firut , fret their hour" upon theatrical boards. Russs played Fribble iu the Farce. Upon the whole,' Theatre is the he ft of our entertainments at L place, place,and it is pored with a lift of Perform that entitles the Manager to public patronage. tone, nci- W 29 RN 9 uch mid the )kit and Lt. , this nut 1 . ~~ 111