The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-22 00:00:00

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LAW INTELLIGENCE. '
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COURT OF CHANCEIII., WEDRESDAT, JULY 21. •
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?V THE MATTER OF THE LATE GENE OT (117RLXIWICRIT. • -
Alt Tel:A*l,oV E reminded his Lor,eship that an order had Men t
made by the Court in this eve, directing the RUT of 473,0001,
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Rank Annuities, to he sold, for the purpose of discharging certain
of the claims standing nenimet the fund in the hands of the Court.
The parties interested coosidered that the Pale of the entire stock e
sould injure the market, cod wished bis Imr.ishin's pertnissioo to •
bring it into the market in divided portions. Mr. ntesslove had
the corsent of all the parties in immure of his Application.
The Lorin CHANCEI.I.OO (with warmth)-.4l'itat, Mr. Tress- .
love. have 1 to do site the market l• Affect the money minket/ ! 1
know nettling of the money market ; I don't nit here to aseYt the r
realm:no ••f stock.jobling. D., you wont to lore me into a hAter f
I "• attic the market !" I don't undersea/1d sere an applinliroawe ; '
1 can't hoe', to such a thing. If you think me wrong, Mr.
love. I shall be happy to be corrected. '
ilr. To itss too K observed that the division of the fund at ilia
tin.-of • ale nay ho of service in the Interest of the claimants.
The Loan Intoner; LLOtt--I can't listen to it ; I can't under. e •e
stnett such a ter.; - ; I cannot, sitting where I do, take any step
with a vier to posture the slightest influence on the melte, motet,
or any other market. • 1
Motion refuse!. . 1., e
. HALSTED AND COLETHORE. .
Mt. SHAY-MI:Lt. sti9.'d the cLeurnotances nt this caw. Fe Lail• • ft.'
fence!: alsted purchased from therlefendant the Land-tax of an estate
for 2210. and rtnnived the legal title deeds. A Megan te arose as to
:he right of paying the expenses of the conveyance, amounting to
/. ; each party contended that he ought not to p:,ty it. The matter i i
was brought into ltancery. Ili% Honour the 'I I mrhenceller de.
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ciden that the plaintiff should pay the 7i., and made a decree di-
recting Si* Lawrence Halsted to pay the purchase roma, and the •i.l 4,
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Internet Ott it, accuntulsteil niece he had recelrld poreessiot
of the purchased property. The gallant Admind appealed tee * e
his hcntship, who mfitmed his Honour's decree, and 07-
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tiered the Ailitdral to pay the purchase money and the
interer. The Admiral left the country in the iaterim, having
been nets Ted in his Majesty's ship Iris to 'Me West Indle, station.
Thu object of the petweitt motion was, *at atomiee of the arta'
weed on the Admiral's legal agent, might beethetred by MiLord-
ship to stand as a valid ma ice on the Admiral himself. Mr. Shad-
well's climits had made, thotZgli hushed with victory, the Wrest r
and most moderate offers to the gallant Admiral. They proposed.
in the spirit of cc:ciliation, that lie should either pay them the . .
purchase money and subsequent interest ofthout proceeding. to .
turthet litigation, or surrender the purchased property back IJ
them. He would do neither. •
The LORD 0/ANC Ci.Loa.—They Might ao well Mee lased the
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Admiral tosurrender a twenty-four gun ship to them without firion 4 t; .1
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a shot.
Mr. AGAR. fat Admiral ',slated, contended that the proceed. :i
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logs had not rearlici that point of consent:math:o stated on the • ,
other side. His client had given notice of • motion to discharge his 1
Lordship's confirmatory order on the ground of its irregularity.
That motion :vas not yet dispooed of; the matter of litigation ens fl
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still pending; he trusted, the:lore, that his Lordship would not
make any conclusive order until that motion ishoidit have been di - & & !
cided. As to the boasted spirit of concifiation, the adrerse partyn i '
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showed no such thing ;,. in fact, they were actuat.:4l4rgettiglh all this
cane by a spirit of decided hostility, end that no coin. • 1 /
man circumstance, viz. the importatann of Tom else I bones. t '
The admirers of that person's politics appointed a ptiblic procession
on the occasion of his arrival. Among the other processional am. I ~ .
meets. they wanted tanners and floes. Skt Jogrephe hod won
several from the enemy in the course of his need battled. and hung
them up in Alton Church, which mood near his mansion. The
Painites took the liberty of pulling them down, and carrying them I 1
among the other funeral decorations in. del prtitession. le the
course of their route they advanced even io far fue to Sir Lenrence's . 1 '
lodge, who having leaned the oat's to which the trOnifil es of his , ,
' hard-earned victones were perverted, ordered thetd to he removed i
from the procession, and restored to their motet depository. "WM
of the legal advisers of the present proceedings were friends to the
summery of Paine, and of course unfriently to the Admiral for his -
conduct on the occasion of the proceesion t from this arose the pet jj
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' sent hostility. Mr. Agar concluded a train of ingenious rmee. '
irg by expressing his hope that his Lordship would dismiss the
' nnition. . I
The LORD CHANCELLOR Said that the Motion to discharge the
order was not disposed of yet. The sum of money win& was the
bone of contention in this case was not +ay Large, bat
probably it
could appear larger in the eyes of an Admiral of the n kite, Red,
cr Blue, than an Admial of the Binh ?silky. His lordship re.
gretted the filing of hostility in this cased but Admirals would r
, sometimes lose their good humour rewards the bar, and sometimes .
. Inch good reason. Thew did not generale held very high Videos
of the bar. His Lordship remembered ha Admits", and oat of $
, high character too, who candidly told his Lordship that he did not A i
think he could do greater service to the erdrntry than by hanging i'
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. up 200 lawyers. 11 hen his Lordship expressed his surprise az the .
' opinion, and asked the Gallant Admiral what were, In his esuma.
non, rot cmstituents of a lawyer, he said he coesidered every mats -4
, who could read of write to be a lawyer. The quarrel on the pee.
sent occasion was about 71. Hoe Lordship thonent seine time ago .$ . 11l
. that he should hear no more of the business; but if people would
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I quarrel about nothing, his Lordship could nee nemesia is. He re:
. membered Lord Thurlow to have said In Weeirritnstser Hall, that
1 I lie would rather hear a dispute about a penny than about 6,61. nit 11.41 t would be more amusing, and lesis injurious. Since the ponies
. here wished to come into conflict, his Lordship should help them
.to do is-but by a judgment which ore of them would net like. I
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, Motion refused. . i
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COURT OF KING'S BENCH, WESTMINSTER. i
• WEDYEADAT. JULY 21.
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e KAY:SAID L. 111110 ICE AND OTnEns. k, ;
I Mt. SCARLETT stated the pleiteirit case in this action, which
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we b Coati for the recovery o' 6JOI. and GAL from the defendants,
e who were Directors of the Pelican Ineurance Office. These to es
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- sun a w, r: the antount of two policies of insurance effected in the
- months of May and June, 11123, on the life of Colette! Lyon, who
t died at (iraveserd • n the 2d of November in the same year. .
Th • foLowing wi _senses were called to sustsin the statement of it
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Mr. iVniutcy depo ed. that Colonel Lyon being desirous to obtain I i !,
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so ne money upon grantng an innate'', spelled to the plaintiffs in . i
M y 13:3, foe the purp we of erecting it. The plaintiff held some t '
money as ovate. tesecomnieseate him with 6901. Ile imposed as I
se ctuil t 3 insure his ife for the sum advanced. Colonel Lyon cap.
'• peered , c online,' at r • Pelican Office in May, lirM. The agency .
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of a Mr. Spencer (smce de: ely win employed on the (evasion. Hit
' life hair ng been approved at the office the plaintiff adrarced the
't money. A similar contract for 6501. was entered into the June fol.
?'' Inwirm and the policy was effected on the Uri of July. 1323. The
two packs were then put in and read. They purported to be dn.
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• cumcnts entitling the plaintiff to recover 1.3101. in the event of the
li death of C eloael Lyon within seven years after the 16th of July.
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'," Mr. P. H. Beaumont-1 am • surgeon residing at Gravelled ;
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en the Vith of October lu:. I was called on to atter d Col. Leenet.
It sub m I found very much indisposed. Ilc was affected with Why
n and !sheered under an intermitting fever, which is a emplane
1 prevalent in our neighboutheod at that season of the year. 1 a--
rt tended every day until his death, which took place on the SI of d
n November. IChen first I was called in he was very feeble and hal
' not any cherce of reewering. I attribute Iris death to exhaustion,.
. produced by frequent attacks of fever. The certificate in the hand ''
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a writing et the witness was then produced ; it was to the effect that
* the death of Colonel Lyon was occasimed by intermitting fem.
n Mr. Dobey examined-I am a surgeon, residing at -Islington, :Y i.
le I knew the late Colonel Lynn vet well, and considered him a I
n sum of good health in the year lieM. Eight months before his ' I d
if teleath, I met him walking between his house in Alfred-place and
*• Rusoell.squarm lie suss then in good health. I visited him he A 9 '
AOctober, at Graveoend and found him then labouring under great
1 If debility. His debility was occasioned by the irritability of Me
stomach. I staid with him five hours; he was then in anxious • •
.'I I expectation of his sot's arrival in the River. I knew Captain
:I_. Chain, of Hormey ; Col. I.yon and he intercherged visits.
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' 31r. D. Dobey examined-I am in partnership with the last wit-
* nem I knew Cl.e Lyon in lIC2 and 1/1.7. and considered hits a • i
iii rt • penes in *good state of health. I have linown him to walk io
1823 from AltiMplare. to see Captain Chain, in Ilnensey. The
, distance is tone mike. Colonel Lyon stinted frequently from Ite2l i
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- to nt.n. 1 considered him in good health when he went t r ' et
Gravesend. ,
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le veieed. . •
A Captain (nein examined-I live In Romney-med. I first knee
1. Colonel byes in 11118. I menoidered biro in good health ohms in•
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went to Gravesend. He expressed great anxiety about his son,
a whom he expected daily in the Riv.r.
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I Oa his cross-examination, he stated that he returned from the
West Indies in the year 11112. From which tine, up to Colonel
d Lyon's visit to Gravesend, they interchanged visits Ca. Lvo., ) ,
,i• fired in Chichester in the year Rile. After he left Chichester; in •
I. the year IWO, 1 met hint in landau.
Josh. Donald-I am a fish-monger, residing in Tottenham-A t
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ig . court-rood. I supplied Col. Lyon with fish in the year 1822 and •
Iy 11813, and during that time I considered Vol Lyon to be a mars . •
le enjoving good health. He left London for Gravesend, and thee
fe am:eared to be in geed health also.
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,„ I'. Jones saw Col. Lyon on the day that the annuity deed we, •
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executed, and he appeared then to be in good health.
a- ('Hess-examined- was not the owner of any part of the money s
:i- advanced to Col Lyon. .
le Wen. Keppel examined-I was present when Col. Leon er-
a_ , muted the annuity deed, at Mr. Spence's house, in Yawata! -
road. lie appeared to me at that Mein mad health.
le tesSjint)reivheeseseedto theeeehmealthlfeeCe"nerre; eeetteteA
the
reeegutrC
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n.
O" The A•• /011Xtr-GESEIIIAL, foe the defend's:in, contended
1,7 that the present planted' was not entitled to recover, in comequencr . :
he of the tonrepresentation made by Colonel Lynn. as odorant state
h of his health. The polity of insurance retitled him to rec.:- t \f:
fit only on the condition that he emahninswlactrethdettri,,isrf,eyumwdusbeametlthe 41ti..1,.y.
questions which were -1.
as was effected. Ks tie?se,et'et had been atterded by a physhian for a
St. conoith mete time previous to his dissolution, and he referred emir
on to one oho had attended him seventh years before. It also arneserd
ife that he had medical attendance in the Interval between the citation
m. the first and second policy of instituter. Witnewes would appear 1
be to estabi iii these facts, which would elision* the palsied( to moor
td the amount of either of the WHOA for which the Otionel's ties ,
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he had been insured.
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is The tidlowing witnesses were then ailed) :-
ter Edward
(ott.ni:::c.twhlce:ell3Ctih;nocf.hM-ilatlyn• altraitiaetealeimproreThrms::iltailhewreeitleaellanddeleeereppi:EtithLlitic
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usual questions to hins Inspecting Colonel Lyons s health. 1 a'a A
jairi7: a readt printed
t e . ra nn questions,d t o
e
1 I in' e 'do
tooknn . applyingll4 henoadown
n Ihtoithealualldwherstihseiiefe4neeul°e"rf‘editlite'litilepu'eeti
.tlitit...let
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