The Express.
London, England, 1846-10-10 00:00:00

Eatu Enttiligence.

SECONDARIES' COURT.—YESTERDAT.
PALMEIt v. CLARILE.—A MAMMOTH ROCKING MORSE.—
The plaintiff, a manufacturer of rocking-horses, sought
to recover of the defendant, an eating-house keeper in
Chancery-lane, the sum of 111.55., being the balance due
to the plaintiff for the manufacture of an enormous colossal
rocking horse, stated to be as large as Mr. Carter's mam-
moth horse, and " the largest rocking horse in the world."
The defendant denied that the horse was supplied to him,
or that he was liable to the plaintiff. It appeared Gist in
May the defendant called upon the plaintiff, and stated that
he wanted a rocking horse of enormous dimensions manufac-
tured for Mr. Vesper, the proprietor of the Royal Observa-
tory, Windmill-hill, Gravesend. The price was agreed upon
and the bargain struck, the defendant paying 2/. on ac-
count. On the horse being completed, the plaintiff wrote to
Mr. Vesper, requesting that the amount of his charge should
be paid, as he declined parting with the horse unless he had
the money. To this letter he re-eived no answer, and before
delivery of the horse the present action was commenced against
the defendant to recover the amount as forgoods bargained and
sold. Shortly after the plaintiff forwarded the horse to Mr.
Vesper, at Gravesend, where it has since been used for the
amusement of his visitors. On the part of the defendant, it
was objected that the action could not be maintained because
brought against one Frederick Clarke, whereas the defendant
was named " Thomas Clarke ;" second, that the contract
was void under the 29th Car, 11., " the Statute of Frauds,"
it being fur goods bargained and sold for more than 101., and
the contract not being in writing ; and, thirdly, that the de-
fendant acted only as the agent of Mr. Vesper, and was not,
therefore, liable.—After a lengthened argument, the learned
Secondary decided that the second objection could not pre-
vail, there having been a payment on account, but left the
case to the jury on the facts as to the other two points, with
leave to move for a nonauit. The jury, after an hour's de-
liberation, found for the plaintiff the full amount claimed.
—The Secondary stayed the writ until the 4th day of term.

COURT OF BANKRUPTCY.
Before Mr. Commissioner Shepherd.
CONTRACTING DEBTS WITHOUT MEANS OF PAYMENT.—
J. W. Ellis, a woollen warehouseman in Cheapaide, applied
for his certificate. His debts and liabilities are about 8,0001.,
and assets " none." Messrs. Jacques and Edwards were for
the assignees, and Mr. Van Sandau for Messrs. Swane and
Webb, to oppose. He said the opposition was contracting
debts without reasonable means of payment under these cir-
cumstances. The bankrupt dissolved partnership with his
brother in 1845, and he then continued in business with a
deficiency of 9001. There was no capital, but the Com-
mercial Bank of Leeds consented to advance 1,0001., and the
bankrupt's brother gave them security. '1 he Bank held
several bills, to the amount of about 1,9001., besides a very
heavy debt, and about six months before the bankruptcy, the
Bank obtained a warrant of attorney. With the knowledge
of this, he (the bankrupt) got goods to the extent of 1,5001.,
all of which are still unpaid for. The warehouse is now full,
and then the Bank come in under their warrant of
attorney, seize property to the extent of 1,400/, and hand
the brother his security. It was now contended that the
bankrupt had got these goods for the purpose of giving the
Bank a preference over the other creditors, to release the
brother's security, and that he had grossly misconducted
himself as a holder.
Upon the part of the bankrupt, it was stated that the
profits were 1,0001. a year, while the expenses were only
3501., and that the cause of this bankruptcy was the return
of bills, and certain creditors agreeing to sell upon credit,
then claiming ready money.
His Honour said, that, under the circumstances, he must
suspend the certificate for six months, with protection.
RAILWAY SPECULATIONS.—Geo. Wettenhall was de-
scribed as a stock and share broker, of Bank Chambers, but
has been largely engaged iu railway speculations. This day
was fixed for the choice of assignees, and last examination
upon the balance-sheet (the pniu 43%1 items in which we
subjoin). Commencing in May, 1845, and ending in August,
1846 To creditors, 1,4661. ; to creditors ou differences,
2,386/. Liabilities, 810/., and capital about 1001. By debtors,
doubtful, 2,0001. ; bad, 1591.; and property, 61. 10s., being
the proceeds of office furniture. Lord Southampton stands
as a creditor for 1,2001. Expenses attending getting up a
railway company which did not succeed (the Somerset and
North Devon), which cost me 71. 10s. Sundry differences
in consols, about 300/.
Mr. Beacon said he bad to complain of the conduct of the
bankrupt respecting a transaction with some Portuguese
bonds, upon which the bankrupt had advanced 501. They
were for 6001., and when they were at .521, he (Beacon)
made several applications for them, but could not get a satis-
factory answer. This he must call a "fraud," a "breach of
trust," or a " swindle."
Mr. Lawrance said that Mr. Beacon was a creditor for
421., which was the difference of what these bonds sold for,
and what was handed over to this creditor. If he had to
complain of any fraud, he could do so at the certificate meet-
ing, after he had proved his debt, and if it were a swindl., it
could be dealt with elsewhere. lie (Mr. Lawrance) believed
that the assignees required a cash account. The balance-
sheet was not filed in sufficient time, and an adjournment of
the case must be made.
After some further discussion, the case was adjourned till
the 18th of December, in order that it might be heard before
Mr. Commissioner lane, who would have to decide upon

the certificate.
NOVEL AND IMPORTANT DECISION IN THE CABE OF FOOT.
—Mr. Pollock, a solicitor, tendered a proof on the part of
Mr. Wood, a brewer, of Westminster, for the sum of 751.,
being a balance upon an account for money lent and book
debts, over 3001., for which amount he held a security upon
the lease of the bankrupt's public-house.
Mr. Sturgeon, for the bankrupt, objected to the admissi-
bait}, of the proof, as according to all the well known prac-
tice in this Court, a creditor holding security was bound to
realise and prove for the difference, if any, or surrender the
security to the official assignee. In this case no other credi-
tor having proved, Mr. Wood might constitute himself sole
assignee. We have been informed that in this case many
parties were anxious to become purchasers • hut, upon appli-
cation to Mr. Wood, they could get no definite answer.
Mullett, an auctioneer, was here called, and, in examina-
tion stated, that the property in question was valuable, and
in great request, but he could not induce Mr. Wood to trans-
fer the license.
Mr. Commissioner Shepherd?—How is that? Mr.
Wood—ln order, your Honour, to save the property for the
creditors.
Mr. Sturgeon next objected to Wood being appointed sole
assignee, as he would have the almost uncontrolled dominion
of the property, and unquestionably as against the other
creditors.
The objection was however over-ruled, and Mr. Wood was
appointed assignee.