The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-23 00:00:00

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you, doll we bunk it teryou in Smiths r Paul said it so of no
sonmegasoce, he might book it either to Smiths or bias. I believe
Sial4be stopped en the 194 h. The canes of their stopping arose
room like failure of Gilbert and Co. on the 12th. Mr. Paul was
paldaft good. into Smiths hands to the 11th or 12th. Smiths
were sal 'solvent when Gilbert failed. but they could have gone on
fer .1 /will time.
Ctosinexamined by Mr. Sergeant Viviano/I.—There were brine
tv..l, miming action Smiths in e trance of transactions with
• tag. hut oolong was actually due to bias when their failure took
Pam. 1 sou AM a partner Is the hates.
Mr. heat Wailmore.-1 live in the Idea Inglit. I left New-
pat us the lad, April, and arrived in town on the 11th, between
Let and live in dm morning. I went to Widwurth to my brother-
tis.har's. Mr. Pod went with me, and remained there until seven
Voloek io the oesesiog._
Creso.emanined.—»•r left Newport between three and four
o'clock in the aftetnoon and odor to Portsmouth. 'l'hismail comes
toNewport about ten o'clock in the morning. .1 received a letter
Oe pest on the lath April, which informed no of the failure of
liiWrt, sad on that account I came to town with file. Paul. We
woe both creditors of Litton's. 1 told Paul of their failure. We
did sot pees through London to Walworth ; we changed horses
qie lass stage al Kingston. We never went to bed on the 14th, and
i Peahen oily out of my sight fora few minutes during the day.
be
by the Cowin—Wl did nut go to (Albeit's, because we knew
dft the . 1
Alfred Sasitmh.f2rlnow Mr. Hearn of the lide of Wight, and
Mr. Bull of Walworth, Mr. Wedmore's Another-its-law. I called
Moe on he 14th April. I remained about half-an-hour, and found
Mr. Wedmore sod Mr. Paul there. I returned about three o'clock
fad remained the greater part of the Aherne-in. 1 found Mr. Paul
endlifs. Wedmore there then. (1a the 9th April I raw Mr. Paul
fseuelning with Woolley for some wheat, and I remarked, .. as
AC: Paill lint the turn if purchating rho day before yesterday he
.:fight to love the chaste today."
Creas-esamined.--als Peal told me at the close of the market
th.t he hail fiiiished the bargain with iVoottleys. I afterwards told
...1 if he meant to keep the wheat he ought to pay fur it. It was
• Molted on the part of the plaintiffs thet the delivery notes were
lit Tiiiibleannt.'l!'llti:c7ritisl,g7nithseePly, ribs ed, that an 01/El hid
bees attemptetkto he set up in this ease, but when that was to be
she ground takdo, it war a pity that a complete one bad nut been
4ifereslyt
gmbil. Wadurom's widows sot establish. In cha-
rowSr • dlasean be sheedi soy, he fell asleep for an
" hovel. dad* Met time Mr. Pod hod /onto-IgaskJartc. for
tit mold me no reason to disputa the evidence of the witness Cock,
at I ibereflee he wodd repeat, that it was Amity to Mr. Wedmore
to terieglat that he had been asleep. As Old Bailey practice wee
to be letroduceri Into the Common Pleas, he wandered that a gees-
ttan of ideriiity heal not hom art up, sad that Paul had not leen
mistaken for Peter i foe it would have been equally as cieditable to
the defoodant to set up that se the deform which he had in-
structed hie loomed Ereddein.
The Conte JUKTICZ. in doming the Jury, observed, that if
arm alli was to be tat op, Mr. sod Mrs. Bull, and their servant,
ought, to have bass called. , The Juty would, however, judge haw
tar the &from had been selehlbhed.
.'k'its Joey **Mediae* mtartral a 'saki for the plaintifl. Da-
mages 71AL
use les AND urinate (sistoutice OT LAWN, A UANK-
. Curt) T,Dtiell.AND AND CO.
`fhb moot amigo he the neovery of the proceeds of six bills
o: Ecehauge of 190111. each, stated to be part of the soots of the
bonknott, hoes equation involving Ong_ end complicated ac-
.e.ousits between the hookrupt, John Le r, Mr. Thomas Lea. the
Member fur Newton, the I Mal and clubmen Cod Company.
end the defeadaats, Mews. Mueland and Co., the bankers, of
Pall-Mial.
, Me, Sergarat Wilde Mr. Sergeant Adams. and M. Pollock
e'en, (a AM plaihillfi *sand Mr. Sergeant Teddy, Mr. Sergeant
Spaidde, WNW. Abr;lwitst fpr the defence.
,ItoppemelipgwVhe Leigh the bankrupt, wes agent foe the
thrill end Coil ILicanpeny, for which rumen Mr. Thos.
;fa tem mist liabilities. end they all bad banking amounts
with doh
ie delimdmalls. ' Jn folgh, in January, BM. had asked the
defendants es eredlt the Coil Cooper 'a account with INN. and
11001., and tiered them billion Mr. Lea, then in Dublin,
Drawn by himself. This the bankers refused to do without a et-
eiteito,itai the badkrupt afterwards offered them five bills of a
Per. Mr. Hill of mow. each, aa s collateral security, and on that
lifeelaade medlted the Company lathe amount desired. lie after-
Mods asked the bankers to discount his own note for 121 W. which
they Wooed to do withodt severity. He then brought them the
al with bill of the Rm. Mr. RIO foe INK es a further security teeth's
lest advance. Tbo bile oe Mr. Thames Lea were dishonoured,
but the baba( the Ilme Mr. 11111 had bees paid. A copy of the
bashing amount of the Orr& and Pemberton Ceti Company
laiwith
nv befersdents was produced, and Mr. Charles Knight, tbe pn.
ter to solichoc,•prov.ed that he had received that account ken Mr.
Williares, liferlantl's cashier, and had conversed with him on
the *abject of it in the preasam of Sir George Dinkins, one
of the partook in the house. The principal object in the pm,
thaccisa of his seenunt tanned to be, to prove that rho Orval
arr. remberttat (hal Covoyony's account had beim amend times to
evicts& of dot menpany to A large amount, subsequently to that
Kecoulit being deprielted with M orlands as security foe the toles:wee
they hod suede to 6,116610 am ; and the moss of Dinsynesantll'*,
t hymen and Illeath's, were refined to to shew that the Courts bed
i :fled is bealtees essountes that receipts should go to the liquidation
iii the eadloodpbassand thotbankenitiould nut Wail themselves of
pinions reCaritiar to Inlet debts (excepting by special agreement,
vilest partichler)ietutitirs were amounts' for particular debut, and
fL'ltn% span poem] principles the account once being geed dm the
deposit of smithies, they could net be applied to the liquidation of
sabaequent debts.
Mt. Sergeant Tenter, for the defence, did wet deny the audio-
toy of the oases cited, but *aid they did not apply. Me. Thomas
Ifs', WU under liabilities to a heavy amount to the banker*, and be
hi. by Ur last Iteni of the account banded in. paid 33,7401. to Mor-
lands. on account of the rod company. Morlsob holding these
securities would have availed themselves of them in ease they had
nut been indernnitiel by Mr. Lea, and a creditor having pursued a
Nardi, who had paid, beceritigaled that that surety ought to he put
in the sitmadoe of the creditor, and Mr. Lea was chiefly iumested
in this cues.
Mr. Thome' Williams, the cashier at Morland's, was examined
es to the account ; he stated, thtt It was never good with the (heal
Company ; on the 221 of folirotry, 1022, which his attentlim had
bum_ particularly pointed to, 109/. was due. That on receiving
the M1.74(11. of Mr. Lea, they bad placed it to the credit of the Coal
t ' y, to relieve in part that gentleman's securities, which were
alarger amount ford
oCompany than the money paid in. There
wog a
estcharge of Mid/. IS.. 10d. morrows no these bibs, whirl, Mr.
li'illiania explained was (i.e interest en the bins, and for difference
or the exchange between England and Ireland. There had been
tllil. li,. lid. paid into Court. The item relative to the es pense.,
vit.-M(IN. Ills. 10.1. was agreed to be referred, and the question
that went In the Jury was as to the proceeds of three bills, amount-
ing to 3,730/.
-It was repeatedby Mr. Sergeant TADDV, that Ids clients, Messrs
MUTIIII4I*II, were tan well known for it to be for a moment supposed
Oast they wished arty thing but %hat was fair between the parties
Mr. Thome, Lea was the person chiefly interested.
After • great deal of desultory examination of Mr. Williams'
Mr. Sergeant Woo,: replied, and contended, dutt if the de-
fendants could hare niade out • good rare, they would not have
dealt in the general way they had one with the arentintt, but hare
pointed them out more particularly between the polies.
His Lordship, is incoming up, thanked God that the Jury had
to decide about this complicated oars of figure*, and not himself.
Tice old law of England certain') had been, that receipts might
he applied to perticitiar debts, but the rule had Leen altered for a
I •ngth of iiine, and it was now held dui oneiptii should r to the
...deo debits of an account. Ile left it tea the Jury to decide upon
tie facts of the case, for they could judge of them much better than
be model.
The Jury were out of Court for an hour; on coming hark they
:monied a verdict for the plaintiff--Damages 3,1131.