The Express.
London, England, 1861-02-06 00:00:00

LAW INTELLIGENCE

(THIS DAY.)

- -

.lI.ItT of QUEEN'S BENCH.
%..i hiss at Westminster. --(Before the Lord
to. ',lustier aoil Sle.•cial .►tries.)
Li, f Justax. who luas Levu absent fiw some
took his .cat 011 the beach thi.
• • •L• tint tiros since thu present sittiass at nisi
. S.

••••• trtzsovret OF JURIIIIN.
hut"' several special jurynise 10/. each for
.r.mer at the sitting of this coact.

co )1: RT OF BANKRUPTCY.
111.-r..ry Mr. Caamilsioser Holreyd.)
VI:IKM C. 310171110114 AID SCIVILADOL-THA
LIATHII rAuxus.

,1.4 of this case eras rereased, by adjeuranuat,
1. I. ale uddrew.l the court on behalf of the
, ; . tiuore and *Wader. Throu4lmut the
thc,r was no personal charge agnin.t
• • • "Pi,, had anticipated that the advocates
aition would have acquitted him of and 1.14111 C.,
r lutvt, 11r. Linklater had charged the Whirl- of
114 • with the continued peseta* of fraud for a
f %vary, and thiv rendered it sevestavy be him to
the case at length. Gruen& at oppo•
Let been drawn loos the moat oppuote
• .atop it would appear that the bankrupts could
••. e.: right ; Mr. Linklater ',wined to be of opinion
• , .sal thing could cane out of St. Mary.s‘e. The
• 4., a4i.ind the whole of the Lunkrupt.. was that of
• hu4, in making large loans. obtanine4 advances
date of insolvency, sod discounting renewed hills
.nY representation as to their :wool character. The
rge. 4 this kind aff °ling Mr. Schrader wa.. in thetraus-
with Menem. lA,vLiod and Mullins ; and with none of
'ran...actions had Mr. Mortinswe 10°111°4; to do. After
•tio„; ;piled the attempt. of Mr. lauklatv r to eatniet
fnon the. very *crimes case, the learned advocate ob.-
i that the ih.lllllo had been establwhed :4 year,. ; Mr.
ire had been a partner for 3 year., without the
4 'Wu 011 his character. From lAA./ down to the
.1 their failure the tranwictiona of the house had

.
•unitely reconled in their hooks. The Liverpool
...gablislied le hml, up to the heigiuning of lerq,
.1, ,- mita' of 74;,1111LV, The nett profits of the two houses
three icier mid a half prior to the failure. exclusive
with the failed houses, had amounted to
er- . tieing a yeerle or. rage of 31,41e1. W, much
allegutiou that there were Dever any real pouts
that the was • mimetic sham. The Imo., IT
cone dr, Nth. had been able to tide over two panicle
Hi: sod 1•'.7, without resort ter any improper es•
•:.a. It war .;rest ly in favour of the bankrupts that
lite 13.. i trout. ref 7.6,01e.W. in three years anal a half,
Lae osily drawn for their own punimes iteltlo/. The
;„, cLa,racter if their trade ought to he coueelered ; the
ea winch they dealt was liable to greet fluctuations.
• rLeice• sheet ,e•e.tilebraoil with a surphie e 7.0441. on
14 .4 January Doi ; no attempt had hues made at the
anvil's to dispute those &pure ; mud there
tine' rams in takes as stabliehol. What then
11.1 .11.1 the charge of reckless trailing' It was
the eLimite. mei all gme before the mid of lits 7 ;
lb. fag was that only 7911. hail his. writ•
it is that yeer air laid debts. In IK-et
eV. 1.1 hien written off : but this was the effect of the
.4 1 ; ad about 11,DIM/. more wan written off
the failure. But in the mnie time there had teen
pools r.f ee-,,esee., really balancing the amount
ay. The .errant indehtednem of the Liverpool
r a.e. very rruall ml 2, 47,0101. That hours had a cur-
..t the Leiginiaiug of 41ri of ee!.11001. Thie bad never been
mil. erects by Mr. Linklater ; it might, therefore, be
I fr erante.l. Though these men had nee stegmaWed
14k4A widen it was not proved that they bad ever
dAted in then own lingual, their dealings had been
r Mo. of (Acton. They might have committed come
,a,e towards the rime of their long commercial career ;
.4 those tle y Might in he judged with consideration.
with the failed houses did act represent
ale. or the majority of the bankrupts' dealings. In
dcrlinge cosetututerl from en quarter to one.
.4 the whole. For the period el three years ant •
the polonium sales and ruthless far the failed
ae„ wr4iimii., out of upward, a 31 million., bens
we one ,learter of the whole dealings. fee the pare
Velet sod Inig the proportion was only shout on-Mk
..t the tram eetions 'nth these homes were proioally
Fialiag that they had trusted these hones
iraly the taskeupts bail sought to barrow their deal-
Frith them. In the Liverpool house, the transaction
failuel hoarse were lees than ere-eighth of the entire
. rail eaaludieg 1e.17. the proportion was still
er —only ofte•fourteenth. It y narrowing their
age with thin house., the bankrupts had
I le Mery their positive, and os Um ground
weer M continuing their trading. There were
el the elesnente of rreklero trading in thin case: on
nee hand there were capital, large profit., and careful
keeping. The wont that could be alleged leminst
kanknorte was that they had been too credulous in
Os metals bones, and hal mot had the courage to pull I
ep. nee bed been led into diftimdties by the
Aerie 01 their customers ; and ever since 'KW
elit have hen a queseson whether and when they ought
those horse. la DM, the failed bones, Gibime,
se, linith. and I arid ethos, bad made purchases
uh the tunkruple to the eetent of 3.:l,eaW. The
eof these lemma were thee solvent, but their large
low is that your. combined with the fall of ra per
is leather, threw them isto difficulties. Messrs. *ant.
and Co. bad takes their bills at four months ; the
ties were unwilling to escrifice their property, which
see peal for by tie beekrupts as the prompts became
end they hail no alternative but to renew the bills.
ea. s key to all the diMicultiore which hail fallen upon
is die letter wiriest of its trading. The some re-
applied with greater force to the Liverpool house. If
aiiiirupte had trailed recklessly in trusting Draper sad
e. those. reruns Damage es mast have been more reckless
Llllling crobt. But nothing of the kind mu alleged
rat the principal of those houses. They had mostly
I with large meets ; and in the case of T. H. Martinson
tly Mtge the Lords Julien, they had held that he
t not to have stopped earlier. Giberin, one of those
rs, hal gone away from the court with a second elms
1. etc. But for eircumetaimee over which he hod so
...I, cal iirer which the bankrupts had still is coo-
lie would have ben able to pay them the whole of
Loge debt of 109,eute.
e rommesioner- -Mort of then failed housee have
very email dividends now ; and I believe the lom is
t tenfold more that it would have been had they been
JAW,

r. Lewis eblomitted that the banknipts ought not to be
"I Ls a reault which could not be foreseen. Gibson
elf said that, his estate would have been wound-up more
."-.lltagrously after the panic of 11157. The same state-
t was made by Herbert :Smith. The reveries of those
e. erre Melly owing t0t...14b1' ; how could Street.
and Co. he nude respoonible for those ' Their
offence-- if offence it were—was in delaying to bring
lo.usee, or doubting which was the proper time to
(here was no crime in trusting thaw bowies in the
on,teno e sal when the bills were renewed they were
for value a.. the origin:4l drafts. His Honour had
d the ,ipinion that when a man took a bill to be
"MA he ..1.1 the bill with a warranty.
tr Coornmienomer— If he endorses it. If he simply
rcn the 1011, it is a simple side without a warranty.
r. Lem. ....atm...led that if the warranty was broken it
not a ?mod.
l'ouomi..inner—The breech of warranty would not be
.e.lonle.e the party giving the warranty knew it to be

r• Leiria referred to Ryles on Bina, and contended that
e Absence of representation the doctrine of caveat snip-
!Tiled. Even if the drawer knew that the acceptor
I mot meet the bill, provided he had no doubt of his
Ability to do so, there would be no constructive fraud.
....mord was proceeding with his Address
our report left.]

INSOLVENT DEBTORS COURT.
(Won Mr. Canakiniasor Nichols.)
\ 1111.111 AM DANIEL& —court.urr BY LORD CHARLES!

CLINTON.
• I n.olvent, whose ems was reportd in oar paper on
.1 ult., appeared for final hearing. Mr. liarrod
.ppeared for Lord Charles (Tinton, and complained
1••7 Lord Clinton hail deposited 70001. with the
cot in ovih.r to facilitate the ilisconnt of some bills,
!, In- and his bnither, Lord Thomas Clinton, wished to
.44 The insolvent returned the hills in • short time,
t"t the mney, and on his former hearing he alleged
I.oel Clinton had practised • deception upon him in
dim; him th.it he was involved. The insolvent had
.!-dli• of ti ,• money in • time bargain, and the re-
4-1. be Awl applied to his own noes.
,4.,r4u0d informed the court that Mr. Smith, the
'"'"kvv, wan now in attendance to give evidence as to
trimaction.

r. '4o.url Smith stated that is May, 1A57, the itiaelvent
.1 in hi. lisnits a :SKY. hank Date, awl at his request
• 41.1.1..-1 to a iito..k Badlands transaction, and was
The iiisdrent in s few dare drew the remainder, in
mini., Th.• iosnlrent porehassel what was technically
ed r•• an l'useals, which wise is fact a rise in the
let,

r. 4:"'"^".1,11..r Nichele embed to know the nature of

smith that it was a "ealr no lorkonot. Coa-
-I•.r the n.•a nmoth, and there heiog a men fall io the
`•.l. the 2.01. wail lost. Ilad there hoes a rim of nee
•lit. the 11...lvent would have cleared I.ooof. The .r.wv.
1.44 t., the stork.joliber. Mr. Smith added that he
1...1 sever..? previous tnuweetioas with the iiiseivelet.
Tway. /mind him an hormarable TAO.

rut %IA not wish to ask Mr. Smith say

'4.re•-•I had only to pray the judgment of the court
4" Put .1 Lord Chitty% and alr. on the part of ire.
nle•on he on the farmer oecashm.
rommioneraPrerolei mid he would state the jorig-
t 4 the e.t.s.urt after he had read the ureter notes, and
I 6.'4.11 do. the ease most stead over.
s44h.tat 44/rte. L