The Statesman. — London, England, 1813-08-18 00:00:00

~~ t LAW INTELLIGENCE. COURT OF CIYANCERT, Avn.l7. LAcrY Alth HEATHCO Vr V. NU NN, DROWN ) AND Fit V.I:3IAN• Sir SAstutr. ROMILLY moved to dissolve the W pm, tion recently obtained in the Plaintiffs to restrain the Defendants from wing certaidmachines for the manufacture of Lace Ni;t; similar to the Bucking hamiltire Lace Net, upon the grounds of such ma chi, e infringemestt. upon certairr Patents graated to the Plaiutilk.. . The Learned Counsel stated, that it appeared by the answer of the Defendanti, and by various affida vits, that some important faces had been, omitted to be stated to his Lordship ow the application for this injunction, and amongst others, that the Defendants had, in April, 1811, obtained a patent for the ma chines which they were using, and which the Plain tiffs stated to be an invasion of their patent previous ly obtained; that the Plaintiffs had entered a caveat against the granting such patent ; that both parties accordingly at that time attended.his Majesty's Soli citor-General, who thriving inspected their respec tiveldanS,' and being of opinion that the patent ap plied for by the Defendants was not an infringement upon 4 the Plaintiffs') granted the Defendants' patent accoidittgly ; and that the Plainti ff s, from 1811, knesPthe Deendants were in the enjoyment of such patent.. These facts they altogether suppressed, and he' conceived that if his Lordship had been ap prised of thew s the injunction would not hive been granted. It also appeal*" by the Defendants' answer, that a modtiof their machine had been completed in 18177, and that the Plaintiffs did not obtain a patent for their invention untillBoB, and that the whole ap paratus and (as Defendants believed) almost every movement of their machine were different from the Plaintillis that Defendants were enabled to make lace of as many breadths upon one machine as they thought proper, but that the Plaintiffs could only make one given breralth by one machine ; AM. the Dellaoleasts ounid make a perfect selvage or eflee, wht . reas the Plaiutitte' lace could not he made with out a very rouaa r %moven one, which must be cut off before it enald-be used, sand that these advantages arose from the entire difference in the construction of the respective mathines. Mr. fiver and Mr. *HORNE on the same side Mated, that . it • also ; appeared the Plaintiffs applied for a. Patent for some improvements on their machine in November lait‘lendthi 'Defendants attended be fore the .Stiliaitor-Ciendral tie oppose such Patent, when the - infertile& the. Defeirilaitts that it did not interfere arith the 'Defendants' Patent, who were therefore content to let them take it on that understanding. The Lose. CBS:enLIAR interrupted the Plaintiffs' Counsel, and said be was clearly of opinion that he ought not to grant an-injunction in.sach.e,,case, un less the party bad ;brought an action aed succeeded; and-heiaiti it upon these grounds, that where* per son had obtained a Patentvanother bad no right to an injunction to prevent his laying the exercise and enjoymeet of that • Patent when he itad stood by and permitted the use of it without any proceettine at law. The Plaintiffs had an issue tried before thJSo lkitor-General. It they were ditq,..atisfied with his opinion, or 'hat of the Attorney-Getteral, they had an appeal to the person holding the Great Tin re it is tried also, but then, if that Patent is granted, it would be the most preposteroui thing in the world if, on filing the same affidavits as had been filed, the Chancellor should give credit to those affi davits, for the purpose of immediately granting an injunction on the ground' of that boing.a .piracy of the former Patent, which the Solicitor-General, or the Chanoellot had just determined it was not. The injunction must therefore be dissolved. XX-PARTE WARING AND aTIIERS,' INTfit• NATTER OF DRICKWOOD AND CO. AND DV SHIACKEY `ANA' CO. Mr. Leamt stated the present to be a .question, probably airs great importance as had ever tome be fore the Court. Bracken and Co. previous to their bankruptcy, had a drawing account-with Brickwood and Co. as their bankers. • On the 7th Of 'July, 1910, a commission of bankrupt was is-sued against Brick wood and Co. and on the 2d of August following a commission of bankrupt was also' issued against Bracken and Co. At the time of Brickweod and CoNtankruptcy they had accepted bitla drawn by Bracken and Co. to the amount of 230001: as an in demnity for which they held , short bills to the amount M 21,0481. balance on a cash'account 67661. and they hat, also in their hands the title deeds of certein property, a nic'i bad since been sold for 4tcill. It thuS appeared that the securities in the heads of Btickwood and Co. were amply sufficient to te.ver the acceptances which they had come under for Brerken end Co.• it being, however, clearly understood that the shortbills deposited 1t Bracken and Co. a ith Brickwood and Co. were intended as a Pere indemnity against the acceptances granted by Brick wood and Co-to Bracken and Co. to the ex tent of their actual advan&s, and os such advances tould now amount to no larger a sum than. the di vidends payable on. such accoptances out of their, estate. His Lordship, upon the 25th of January, 1811, made an order upon the petition of Bracken and Co.'s assignees, to ahis efffeet—that the assignees of Brick wood and Co. ,sheuld kik, distinct accounts of the general estate of Messrs: .Brickwood and Co. and of the proceeds received And' to be received by ; • them on account of the short hills due to the assig ;tees of Bracken and Co. and that they should account with and pay to the assignees of Bracken and Co. such surplus as might remain from such proceeds, after payment of the dividends due to the severel holders of the hills drawn by the said Bracken and Co. upon Brickwood and Co. The present peti-; Cotters are the holders of those acceptances of Brick wood stud Co. to Bracken and Co. and being advised that they individually, and not the assignees, ori general estate of Bracken and CO. are entitled to the relief allowed to these assignees by the above order of his Lordship of 'lath of January last, they made the present application to his Lordship, con ceiving that they had a right to stand in the same si tuation, and to avail themselves-of the securities, as the holders of the acceptances, which Messrs. Brick wood and Co. would have been entitled to do, had they been solvent, and paid those acceptances when ue. They therefore prayed his Lord much of his said order as directed . I they became di ship, that so SYIO , • . Brickwood and CO 's assignees to account with and pay to the assignees of Bracken and Co. such surplus as may remain from the proceeds received or to be received by theui on Recreant of the said short bills, after payment of the dividends tlue to the• Several 'holders of the bills drawieby Bracken and Co: upon Brickwood and Co. might be varied; and that the assignees of Brick w nod aled.,Co.. might be directed to pay to the P e titioners and the other holders of the oitstanding acceptances• of Brickwood' and• Co. amountieg to 23,4001, the sum of • 3351. ,17s. 6d. the amount of . the balance of, cash belonging be Brackett'and Co. in the hands of Brickwood and Co. at the time of the bankruptcy, after deducting the dividend of '2s. I ldoie the pound, already paid from Brickwood and Co.'s estate; the proceeds aris ing from the short bills to the amount of 21,6461.; the sum of 2[,611. being the net proceeds arising front the sale of the premises sold ; and that the 1 assignees might also deliver over to the Petitioners I lia& of the said bills and securities as had not been I, converted into money, to the Petiticeg”-s and the other holders of the said acceptances, towards pay , went and satisfaction of the money remaining due on such acceptances, ai far as the same would extend.— ; The Petitioners, who were the holders of - those ac -1 aiptauces of Brickwood. and Co. to * Bracken and ce. the Learned Counsel contended, wereentitled now . to ask the same equity as Brickwood and Co. would have had a right to demand had they not been bankrupts. Surely BrickvvOod and Co. had a right Ito apply the short bills in satisfaction of the ac leeptances for Which they were deposited as an in ; delenity ; and, if so, he submitted, the creditors by whom those acceptances were held, and which re -1 mained unsatiified only in consequence of Brickwood and Co.'s bankruptcy, were entitled to .the same equitable right. If a man conveyed an estate to A. Ito pay a debt to a creditor B. that creditor B. was as j much entitled to the security given him over th e lestate as if A. were a trustee for the purpose of pay. ling that debt, 'with the privity of B. A.• can nests re-convey the estate until he had executed the trust, for the discharge of which the estate was made over to him: The Leaded Counsel applied the same ilea ' soiling to personal as to real property. The trust in the one case was as irredeemable as in the other; and if the person with Whom property of either descr i p tion `was deposited for a particular purpose, re-conveyed I it, or restored it, before the purpose for which it 1 was deposited, was satisfied, such person wasguilty of a breach of trust. A chattle might be so depo sited as well as a real estate. lf, therefore, A. re- Ceives a chattle on which money . may be raised, to be applied to satisfy a debt due to B. he cannot re turn the money; the proceeds of that chattle, to the party from whom -he received it. If he does so, it is a breach of - trust ; he is bound toapply the pro ceeds of it to satisfy the debt of B. -Suppose, how ' ever, that besides being trustee, A: is also surety for the person owing the debt to B. can that be less a trust for B. than B. has the additional advantage of the surety of A. ?—Wherever : such a deposit was once made, it *as, the Learned Counsel contended, an obligation to pay, and was irredeemable. lie would ask, was not the putting of those short bills inte the lime& of Brick wood and Co'. a trust to pay the ac ceptances of Brickwood and Co. to Bracken and Co. to the 11-)lders of such acceptances ? if those short bilis had not been handed over to MA wood and Co. specifically for that purpose, would they not have been- a part of the general estate of Brickwood 1 and Co. ? They certainly would; yet his Lordship had decided that the creditors of Brickwood and Co. had no property in them; thus recognizing the spe• eial purpose for which they were put into Brickwood and Co.'s hands,—itamely, that of answering-the ac ' eeptances of Brickwood and Cu. for Bracken and Co. of which acceptances the preseut Petitioners are the holders. Brickwood and Co..eould only apply 'those short bids in payment of the acceptances in lquestion ; and the question was, if this did not im pose on him the equitable obligation so to apply them ?.Although the creditors,—the holders of the .acceptances;—did not know of the fact, still the very fact of the • deposit, the Learned Counsel said, was, and became a trust, for the purpose of provid ing for the payment of those acceptances. 'rite dis tinction- between a trust and an indemnity was very nice ; bat he should state it thus :—A trust was where a particular property deposited wns to be ap plied in payment of a debt due to a creditor. Ad indemnity was, not where the money or fund was to be paid to as creditor; 'but where it was to remain with -the person. in whose hands; it was deposited, iu case lie should be called mute) make a-payment, in which case he was to 'resort -to it for indemnifying himself for that sum which he bad been obliged to pay cut of his own fonds. The short bills, he sub-'' mitted, were in the •aalswe of a , : trust, and not of an , indemnity. • • '-. 0 .t••••: . t . % :' •. - • • The Lone' Cytatecietha olesireed„ the petition.' i l carried this doctrine' the length of the application of ' the Cash balance. 1 I Mr. LEACH said, be had avoided .saying any thing on that point. lie 'could not sufficiently 'ear-Mrk ' that part of the security,' and was afraid that could only be-regarded - as* debt. The general principle,. itawever,' he submitte4 . would oppli as -much to the. mortgaged estate as to; the 'shoiehills. It was an . acknowledged principle, that a surety paying a cre ditor was entitled to stand in the creditor's shoes 0 against the principal debtor ; and, if the creditor TO-.. fused:to the surety that right, a Court of Equity would give to the surety relief. A creditor might, if he did so bona fide, release or reconvey the mort gaged estate to the principal debtor: -he might say. that he was satisfied - with the security of the debts, himself, and his surety, without looking to , the. estate. Suppose, however, that a principal debtor; becomes bankrupt, having left- certain securities IA the hands of his creditor, could that .creditot be se-. titled to return to the assignees of the .principal debtor the pledge of property deposited , With him?' Could he do that bonaple . 1 No. The Court would' say to him, " la so -doing, you are guilty of a fraud against the surety. You have uo right to benefitt , estate of the principal debtor, at the expence _of c t il surety. If you had called on.the surety to pay, i could have called on you to give up the property di- . posited in your hands ; and which . must„ ,in .coae science, be supposedly) have been deposited la oilier to secure the payment of this debt." In puck a ease, a Court of Rquity would say he had committed -a fraiid ) and would make plat Ackswatabla to the amount of the.setaritiesli it I wortesy k in such a base, be a fraud in the .Critifir..to part with pearl ties.se.deposited with Mm. y`.the principal debtor, it would, .the Learettd - COansetcantended, be eqeal-, ly a fraud in the aisignies to attept.i4 th(!ni• gay. big thotir..frisidered what would be' the effect of the acre Obe Creditor' as they affected the auretY, he sitiiidditoiv proceed to consider *tat weAdd be the Joe' or the acts of the surety as they affebted the creditor. The Lena CHANCELT.OR here interrupted the Learned Counsel. This was indeed a mnst important question, And he was afraid might ge in its principle; to affect every great bankruptcy which had taken. plabe for the last 40 year's. If this order was. mrong l : he thought the question would much better be gone, into in the shape of a .bill in equity. He confessed' his present impression was against thee prayer of the petition. He thought it would be difficult to make this Any thing More than an indemnity. As between 13rickwood and Co. and Brackett and Co. the latter' ought to take up the acceptances, and the short bilk were given to secure Brickwood and CO. that they should, be so taken 'op, or to inderrinify them in a Contitife.ent. His Lordship unquestionably should notdecide question of -so great and general im , portance as the present was, in bankruptcy, uniesi I all parties consented td it ; nor should he'do it then, but upon as solemn a hearing, and to as great an ex tent, as the Court was accustomed to have in any l cause. He said this, because the present bearing of his opinion was against the Petitioners. At present there was not time to. hear. with that deliberation which the nature,of the case would require, all that ! might beeffered on such a subject, coming Ou iu a shape which did not admit of appeal. Mr, COOK, Mr. MONTAGU, and Mr. RICHARDS, all agreed that the case should be argued in its pre sent shape. Mr. RICHARDS stated, that there could little pre judice arise from any. short delay, as the sums Were securedip India Fiends and Exchequer Bina.. • • The YARD CliAncect.oAthen ordered that the pre iet;t petition, tcigetber with that, of et-parts Clarke, and of ox-prate Inglis, which are of a similar na ture, should come on to ha . argued as Sie cause, on the first cause dry in Term. S4RD4ROUS ITIEMP7' AT MURDER. In.onv Paper of Monday, we mentioned, that a traveller was found yrs the Kent road, on Saturday 1 evening, with his throat cut, and that he had been i conveyed almost lifeless to the hospital : the follow, ing account, we are happy to say, is from the lips of the unfortunate sufferer himself, who has met with great care and attention .in Guy's Hospital, and, though he was dreadfully wounded, is now likely to recover. He stated, that his name was George Murdoch, that he was a native of Scotland, and re sided in the Borough of Southwark. On Saturday last he was at Deptford, and did not proceed on his 1 way home till between eight and nine o'clock; it was pretty dark, and few people were on the road. When be approached the place where the canal in i tersects the way, he heard something make a rustling on his left hand, and before he could tarn about to see what occasioned it, a man sprutig..suddenly out i from the road side, placed himself before him, and de ! manded his money. He told the robber that he had no'money, and attempted to proceed on his journey, : but the villain, with horrible menace, declared that he was determined to have money, and they were I not to part so. Alarmed by these threats, Murdoch put his hand into his pocket,and proceeded to search. ! for his money very reluctantly, for eight shillings were all his riches, and he was loth to part with them. However, he percieved that it • wopld be ! wisest to yield up his money, and accordingly present ed all his little purse to the villain,who received it with his left hand, and at the same instant cut his victim's throat in a most dreadful manner with a knife,which he held unclasped and concealed in his right hand.— : After having accomplished this unexampled feat of atrocity, the ruffian rushed to the road side and was out ofsight in a moment. Murdoch felt an intolera j ble pain from his wound, which extended quite I across his throat, and was very deep, and he walked 1 giddy and .staggering, and in a half senseless state, towards the Ihlfway-house between Deptford and ILondaw; when he . arrived there, the blood was streaming profusely down his bosom, and he was just able to give a brief account of .his horrible adventure. Fortunately a_ humane gentleman happened to he at the 0100, who applied bandages to his throat to stem the gashing of the blood, and hired a post ! chaise, in which he placed him, supported by two persons, and carried him to Oay's Hospital, where Atte surgeons sewed . uplhe woand, and he is now !•iontewhat better, though in a verydangotola state. The radian was dressed in a long dirk / brownish coat limilt:.,:rill about &ilia itinblitehet high. Tite.o,ll. I cell; 'uont immediately in pursuit of kiwi and . we will 1 be`glad to hear that such a monster is apprehended. j On Tuesday senitight Christopher Johnson, Esq. solicitor in London, *as urffortunately;;drownea in the Hain, Perthihire,• little above 'the Midge. .He ; had lodged for '.sOisfe days *ltli *Mt. M'Plab, the! E ichOol-fult4ter at Dtintilattpty; vintl"ls sup Posed to bare gone into the' water to bathe, abonetWo in the afteirnooti, thinigh ft *as intsitklrtible thee before j "hi as mined.' Ills clothes. beln9diSeovei.ed bn the l bank of the river, a sea r ch Wet Wide . , • lidt , 4lthotit success, about eight in the ei , thing,; when the hay was &Odd i'plectr where the water was 141 feet deep, and was. carried to the lodgings ,of the de. teased. "Upon •searching his papers the following in- 1. terestiug rdeninranduta is found I —. • • 3uly 15, 1813. " As I propose to go by water again this 'year Iv Reatrona, ff my servant, Chartea Eliteroterorapottiftme, I give him IR.V. for Ike ease be may take of my 11.tdy, if I - should die, to he 'conveyed toy waiei ty.teeekkrinl, fur • burial, to.be paid Wen by ass _dumpier., -•• . . t „„ • • " t: 70IINSON." • • • . The body, in compliance _pith thisinjUnction, pis s ed .through Perth, on W.edttes:da,..night, 'udder the care of the saidtchattes pier, tg be 'conveyed , to the place of burio appeiiitcd by..hia master. Monday evcniug, about .Itaff past nine. o'clock, as Mr. fkleele, engraver, of the Strand, 'arae t iNkssing through Tuttuullaps e cquit-toad to XeptiSh'Toiiu, fie ; *es ItgapkiptketCrOp.oll, wall 0040 ChaPe4l, : a l ei 9g villkillj,ol,9! IA in , nusib*r;,tkiid * , fpf a watCh l geld chain, and:. seats. • • ~~~'F~J :• • 1, .1 OUrx.nuaar.. Yesterday Patrtck Flynne al w e brought before Altitohnia CeriV the Slttl r zt uaug i ls : trate; 'charged With hiVlng`consinitte.... a ot en Catharine. Ityal f In the Tani! publ Ho c lbo ath r at tsp in hi e ll it , y d a u:i444h d. j e be .7 w ec es eti t i i n a g to e t ; with a young woman, being rather thirsty,. to regale themselves. VOA i pot of 'beer • as she proctetted to drink, Virtue, who •Wa both i a mighty* Ironest and " P i I l I i f l b . ° I :c - 6 el h o a ° s R e good feilow, ..came in accompanied by a woman. of bed.Veputation, and , heentreeted her to letkiss hay e a sup ofAser -porter, she-very civilly handed him the full pot, which•lie-put to -his lips, and emptied it with a couple of pulls • this exasperated the Cor n . plainant, because she . had purchased the drink with the only money that was in her possession, and sh e refrained not to take notice of , his conduct.; liis fe. mate companion immediately flew upon .the4ons. plainatit, and a stoat battlaeusoed beternAhem,-... ylynne came to the assistance of his.companion, aad gave the Complainant several severe . blows •on the face, sq that the blood flowed from her eye and wow, and then he pulled her kerchief - 4 ..iem her shoelders, and presented it to the woman whose cause he had undertaken; several Police Oficero happened lio.v. ever to arrive, and proceeded. to force their way into the house. Flynn. attempted to repulse them, he smashed a mahogany ale to pieces and posted him ' self in their way with a portion of it in his hand ; he was driven: , from his position, however, aryl his , 1 weapon starwsenched from his grasp, upon wnich he I snatched siP a brass candlestick, a I er his ini h i a n n a d to w y lt i h n h eh is e f hl u n ry w . s w l h ie ich w • s h w e tt i t - I d ic l i e t :t o r h g i e b th u b t '' V n ea " t i e 7l:l:4: the ground and secured ; he was s desperate fellow, and had only visited that public-house thrice, and twice he had created disturbances in it. • The Magistrate immediately committed him to stand - .trial for the assault. . 7 .-- Barlow, a man living in New-street, Cloth. fair, was also committed in default of bail, to take his trial, for a gross and unmanly assault on his wife, an industrious woman, who is seven months preg nant. • , Ann White, an antiquated damsel, was charged by her reputed husband with pa.wniug several articles of his property, and abusing him in the grossest man ner. The Complainant, Mr. Lloyd, of Old Fish street, said she had long remained under his protec tion, but her taste for. liquor had of late become so ungovernable, that he was determined to get rid of her. Alderman CoxE said, he could afford him no relof, and advised him to part with his tormentor with u much good will as possible. UNIONZIAtL.—A cause of considerable import., ance to•builders came on to be decided hero' e Mr. BIaNIE I at this Office, under the Building Act, 3,e;.. terday. A respectable carpenter and builder, noon d Eyles, was summoned by Mr. Bayne, of Croydon, on art information, charging him with having lett "same houses which he had been employed to erect its an unfinished state. The Defendant stated that le had left working at the houses in consequence of some remonstrances made to him by Mr. Craige, surveyor of the district. Mr. Craige attended and stated to the Magistrates that the bosses in question were not erected according to the provisions of the Ilqiitling Act, the party nail not b, ing of a sutteent thickness. Seeing this as the work was proceeding, and haling irfortned Mr. Bayne of the circumstance, • but no attention beiug paid to his representation, he " weqt to Mr. Eyles and informed him that the building • he WRS.erecting was an illegaione, and. therefore he ' would not be able to recover any thine if Mr. Bayne should resit paying him; he also told him that every • man who should be employed on the work after this notice would be liable to fine and imprisonment. — Upon this notice Mr. Eyles disco•Ainued his work, and refusing to resume it, Mr. Bayne summoned him : for leaving it in an unfinished state. • I The Magistrate declatA his opinisn, that under thesetittumstances, and after the explanation which Mr. Craige.had given, the Defendant was not bound to goon, he therefore dismissed the complaint alto gether. ATTEMPTED SUICIDE.—A youth of respectable parents in Berkshire, who resided as clerk in de house of his uncle, an eminent factor, in the vicinity of Berkeley-square, shot himself in the breast yes terday, with a pocket pistol, in the privy of his master's house. The report drew Mr. 11., the uncle s to the spot, where the unfortunate youth was found leaning against the wall, with the blood streaming . from him. The ball went out at the left shoulder; the wound is not considered immediately dangerous. It seems that some embarrassments in making good his master's accounts, was the cause of the youug man's rash 'coatuct. , - MELANCHOLY ACCIDOIT.—On Sunday last, a party of six young persons, consisting of the son and daughter of Mr. Hales, phi-maker, in the Borough ; the son and two daughters of Mr. Bates, saddler, in the Borough; and the nephew of the latter gentleman, went down to Gravesend in a small boat. On their return borne, when opposite Erith, the sail of the boat being up, a sudden squall upset the vessel, and five of the party perished, namely, the son and daughter of Mr. Hale, and the son and two tlAoghters of Mr. Bates : the sixth was providentially pre served, when almost exhausted, by a bar.7,e, which bore down to the spot on spTittg, the accitlent„ A melancholy accident happened on the evening of Sunday, the 6th instant, off Dover. Dining, a tremendous squall of wind, a boat with her craw, consisting af seven persons, all helongitig to Dover, on its return tram the opposite curse, aas upset, anti it is feared the whole shared a watery .grave, leavie4 behind them wires.and childsca to deplore their ua' i timely end. . • . • MARRIED. 01 the lith Instant, Peacock, of Salisbutr. selppra, kleet-street tP Wm *soh Fjpdlay,, tiangbtec ut Sir. IftobeEtApaNal, ManO r ciwrt, Old ykT - • ; .Ef &VW* ,On the 14th . of Febnitz v ia-41, on als,patuage from .7ara cohntiy, Thos. Sword; . lot'e , (liptain anti Paymaster of 1.i4 11th Itegiaento Foot., . . 11211116/..K•ht#lllo site of tdr.• no , - !' h °7 l. , V1—,77-7 LODI U 0 ; I noted and PeolishotP 11,4ff:4 at • 1 , 1 :t . St ci smut( Orrick, rieftrulor . . .. , ~ "~ I