The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-07 00:00:00

LAP? NOTICES;

COUIRT 011, CHASC?RY.

qtr,CHIC 7wc LYab 171116;i1I--1-1
10-AO-11-,
preeo. BALL, TR IS 11 AV
Leave' rt v. PrlVlke, I Attornry.S.,e,iu f.
pet per Ottg. Sidevietre' Company,
relent-menet v. Omit- fur. die. !tart *ford
Irv. petl tkm.csuufrevet .Setue v. Kaput of
ter, except... ear. die.
I:ertsevt,itivitur vf Lao- t , pet outer
Wk. dittv . , I Yowler v. AVlllotighby,
appeul pet under

Townsend* Tonne
end. appeal
Mingle V. Mundy. ditto
McCarthy e. Pe enis,
OPtell
Qs!T. Minim, ditto

VICE-CRANCEI.I.OIPII COI
arrows Tag Ir ft 11-CIIATICIILLOR, lit LINCOLN
IlA&C.r.tsr 10.
i • Reim:W -- ag 110.100.. Cums
...us. %. Etuyliffe, to be ' Cowles v. game, etzz
..p.11.e1. I dens, further
ft u•tor. of ihr British , eons. and prtillop
1
MO*ol46r. +.‘i'lliir,rlo. Phillips n. Mitchell.
• %wet .. Hone, ilato vast heard
t hid r. !with, part dame qt. Plsdilipe. Attu
beard Stephens v. littsqts,
Chapin, t. %. So.lauder, tettesrinr. pet er
v...tilk•abid lilbuty T.Waltedel du
--•

lIST.
Os INN. THIS VAT, AT

Ittoxsome v. Marta&
Jones v. Parlds
Tolson v. Payne
Tall.lll V. Webster
Tammy. Wishes
Itionirosrt v. Plitt?
MUM V. Niles
Charklock r.Greenougb
blublet v. tercbry.

ROLLS COURT.
lito.kr of the Rolle will heir Cnu•M. Further Directions; cud
l'eLituus by Cuuwrt, to tu.,trow, et Nine in the morning.
Ft•aher Inrections, a d rktit.ons. n.c•t be eft d..un before
'l,. c'elock (Medley.

* ' •• •
COLAT OF KING'S II
nAir, AT HA i.r-rwst Nun
Lomlun Special Jude..
The king V. Socha I Kutoler V. Rei,l
Landon Common Judea
r oistend v. Campbell

Fairbrother r. Finlay.

aia% a cue.
irkvoe
tee Simian •. Willem
t:serplavil v. Ilavies
Co.l'n. r. tiorulge
redder v. Ja.:.1.1.
Bacon V. Maim,
Taylor v. Vorbei
le.l v. Crum.
Kibblevrhite V. Nutt
o%kden V. ithharrivon
liaetma• V. BO:tit:10i

Ice v. Butte! ererttla

White v. litotes
Irmo V. R 011...

sun
Alecck Nallisnvon
klaraden v. Pinkie
Alaine V. Peter
Vasden V. Browne
Dickinson v. Southall
Lawrence V. Adams
Warner V. Baylis
Ward V. Lynn
Reid v. Hoccons.

;patim—mt Plper
Hood Itioluudpon
Edmonds y.l)owley
Turner v. (leper
Lamb V. Crafts
Back v. kith?
Ilsacoek V. saasbary
Stunt v. Child

CaparJrnos•sCoha
hr ape Alan 11 anal.
cost* &L SR' •

'MT OP COMMON Pl,'
4rn•
Three fee summonses,

RAS.
s These Cfrimbers Afll
hisser., awl Fll,llllll re-

LAW IN I'EL Etu&WcE.

COI7RT OF CHANCERY, THURSDAY, JULY 6.
The Lupo CIIANCELLoa, 03 coming Into Cunrt this morning,
cad. that as he perceived the &HERM present in the question of
the Elephant and Castle Charity. that he should give his judgment
in that eXIC dm haturday nest, when he hoped that he should have
the piessure of taking his final leave of hin, it that cause.
His Lordship then proceeded with the appeal cause of
s tic Arrnarenr.sr.neam. v• THE SKINNERS COMPANY,
Regarding the funds of certain estates bueatd TunbridgeSr A.
Judd, fur the aupport of • Gra-nrnar Scheul at iu
Katt. tht•argnment on which occupied his Lordship until the
I Wing of the Court.

1:01.7NT OF KING'S BENCH, GUTLIDIALL. Ju ex 6.
I Before the Lama Curer JOSTICE anti Special Juries
• TRY AND °TUNAS V. TERRY.
Pei Iraq an action brought by Messrs. Fry and Chapman,
!tenet... h. recover the sum of 497 f. 15s. from the defeedant, who
is the tenser of John's Corer Hume, Cotnhill.
'rhe AtaotwEv.oe. Nen at. shortly suited the caste to the Jury.
Mr. Telly woe the breeher-in-law of a Mr. T. B. Snmeuerfeld.
who had been in the coal rode, and banked at the Houle of the
laniruffe. In the womb of June 1325, bite Stimmertield became
enibeemace in his peeuitiaey affairs, and It wait rumoured that he
bad left the country to avoid his creditor'. There were at that
tame four bills of exchange; with his acceptance; In circulation,
which became due on the Uri June 1825, and *etc made payable
in die timid course, at the house of Fry and Chapman. Applica-
tion was made to Mr. Terry urn the subject, who undertook to
plc the hills, and signed the tollowing agreement, addressed " To
blase& Fry and Chapman. Please to pay the following totes of
T. B. Suromertield, on my account, and I shall pay you after the
July (batten.," are. pad. Dated. June 22. 1824." A mailman-
dons was written at the rapt of ibis agreement, stating the particu-
lars of the four bilis. In consequence of this undatakiog tee
plaintiffs discharged.the bills ; and the defendant having since re.
r, aced sat pay to them the amount, they bad been compelled to brii.g
the present action.
The hand-writing of the defendant to the agreauent was.then
preyed ; and also that the bills of exchange bad been paid by the
plaintiff. in the usual course of business.
Mr. Sceletz ex, an behalf of the defendant, said he hoped tole
able in give a rely satisfactory answer to the case which had been
eonbliehed by hie Learned Friend. It was tr e that Mr. Summer.
held bed suffered the bills of exchange in question to be returned
thelioeouredt and it was likewise true that Sir. Terry bad given
the undertaking, which list' been put in op the other side; but,
seen he cattle to state under what circumstances that document
was signet, be (Mr. Scarlett) felt satisfied the Jury would hold his
event altogether discharged from any responsibility that 'taper
was capable a( incurring. At the time the application wait trade to
I.lr. Terry, respecting these bile, he had every reason to bel eve
teat his relation, SI r. T. B.SummerfiehLwas a person of large pro.
pert, possessed of at least 51101. a-year, and one. therefore, is every
respect competent to honour the bills, which bail been returned for
only tour hundred and odd rounds. Ho bad also very recently
been in the company of Mr. Summerfield, and had, in the course of
convention upon bounces, uetientood frotn that gentlemen that
he wee about to leave town, for the West of England, for the pur-
wee of collecting money. . When, therefore, Air. Terry called on
the pleintitii, at the reqeest of Mr. Fry. and was informed that
etre eels were arrived at maturity, and would be returned dis..
eactourell If nut taken up by tire o'clock on that day; he very naiu-
ally felt anxious to protect the character of his brother.in.law from
Medi consequences that might result, if his acceptances were aut.
toted to be deshonoured, such a cireuffistance being datruetive
of the credit of a mercantile man ; and he consequently offered
to mete biota& re.Monsible to blesses. Fry and Chapman for
the amount of the bills, if those gentlemen would pay them;
and he secordingly. gave the undertaking upon* which the
olainttelt this day founded their claim. But what would the Jury
think, when they should be informed that at the very time this do.
cement was so signed, and delivered into the hands of blears. Fry
and Chapman, those gentlemen not only knew that-Mr. Summer-
Lead had left the country in consequence of his pecuniary. ember-
respreets ; but that he had actually executed a deed of assignment
conveying all his property over to los father. and thereby lied com-
mitted an act of bankrurtcyl Thole ante he (Sir. beeelett)
ie,nuld 1,2 able to prove; anti he should also he able to morc„ that
entree of the plamliffi, as it became them like fair-dealing men to
de, communicating all these circemstances to the defendant, when
lie proposed to sign the undertaking, they cautiously conceited the
knowledge of thin from him. He should be, moreover, able to
rim,: that the plaintiff; had at that very time money ice their hands ,
a-alit:lvo to discharge those bills, and which they were at liberty to
apprapriate to that purpose ; for the father 0 young Summetfield,
trammicted busineas with the plaintiffs, having received a
letter feint his son, informing him that he (the son) had left the
eminery, Sid had executed a deed of assignment of all Ids property
to Ludt (the father), called upon Messrs: Fry and Chapman, on
tee lamming of the 221 of .tune, and 'hewed them this letter,
upon which • they informed him of the bills haying became due
that day. Mr. Summerfield replied that he hail money at [ionic
aufncient to cover them, and immediately went and brought Goat
aid pieced it In the plaintiff.; hands, to apply to the discharge of
the bills ; hut instead of doing this, they tidy-aid Mr.Sumnierfi,eld
'Pichler not to distress his non estate by paying the debts of his
age. and they then placed this 6001. to the credit of the lather's
pirate account. As the plainttlfs were In the knowledge of all
these ei-eumetencee. relating to the imolvericv ant bankruptcy of
young Bontmer6ld, it was their duty to have acquainted Sir.
Tau with it, before they accepted of him the undertaking width
had been produced ; aid not haying done so, be submitted that
the had been guilty of a suppreesion et the real faces, and which
eeeemeeity render void any obligation they might have ob-
tained from the defendant by means of such suppression, and that
therefore the defendant was not liable to the demand now made
apta him.
The Learned Counsel tiler, called his ohm-secs.
William Delmore stated he was clerk to the plaintiffs in June
1,/115. He believed the undertaking to be in the hand-writing of
tee defendant. He remembered the four bills In question being
due on the 2241 of that month. He told Mr. If ry that he was
gong to the defendant reelecting these bifls, and Mr. F. said he
might ien if he pleased. went ;between- a quarter and half
past four in the afternoon, and requested the delendent to go to
;dram Fry and Chapman, Terry accompanied wirtees, was
wAti Mr. tee about ten minates or a quarter of an hour. ititeas
leas iA and out of the room during the whole time, but did not see
any letter produred, or Erie anything said of a deed of *seism
menet+, young Sumeterfield to his father.
Cowl-examined by the Atrroexem•GewEaat..—l am not
new a clerk of the plaintiffs. It was m own suggestion to go to
tie defendant, as I knew by report a y the moraine that young
Summertielst was gone off. I hail been inarneted m retort the
when I suggoted to Mr. Fry that 1 'Omelet go and tell Terry.-
.11r. Fry told him that young Summertield seas gone off, and that
he beard it from his lather. I 'No sold hint se, and he said he did
set believe it, as he had dined with bun very lately, and thought
lie was o .ly pore into the country to collect money.
.Jr. Benjamin Summerfield (a number of the emery of
Friende) was then examined, and said—l have banked with the
plaintiffs for many years, anti I am oe friendly term. with these.
Me son is not in fisrinershir will, use; he monied a sister of the
eerendart's. Fermi try ton's information 1 know that his mother.
in.laer had advanced him money to commence business. Ott the
21d Juee, 1825. I went to Fry's with a letter that I Lad re.
caved of my son. ItJore I lied received thetletter I was not aware
that he had executed an sesignment to me of his property. His
:Ater In me meted, that having consulted a profeettional relent', in
aaw qu once of hie difficulties, he had executed n de d, &Waning all
property tome, in order as far as 1101131Ille to preserve the interest
in both concerns; and that he had left die country until I could
have an opportunity of erecting a desirable arrangement fm all'
parties. `The lever was then put in and read.' That letter was
read by Messrs. Fry and Chapman in say preoened. I was then
tarcermed by Wm. Fry that the four bills were corning due that day.
said I thought I had at home cash and bulls enough to river me
amotea. Fry then odd me to go and fetch them, and be back by
face o'clock. I returned about ten minutes before four with cash