The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-11 00:00:00

EAST INDIA SHIPPING.

The Lowther Castle, Baker, from China, has arrived off
Portland; wiled from Macao the 16th January, and from
St. Helena the 20th March.
Possmata—Mr. J. D. Parkes. from England, on account of
the Hurtieultaml Society.
STTAITS or tilYsoDa.—The Hythe, Wilton, mitred off there
the 25th Jan.
ANIMALS AT ST. HELIDIA—The Atlas, Slane, from China.
Salm was r•aart ST. HELETA.—The St. Helena, Fairfax,
for the Cape; and the Sapid, Wright, for England.
The Warren Flauings, Hawes, was to sail from China,
for England, the 18th January.
The General Harris, Wehtead, was to mail from St. He-
lena, for Bencookn, the 28th March.
The Columbia, Chapman, from Bombay, has arrived off
Liverpool. The letters arc expected to be up this morning.

lA, INTELLIGENCE.

COURT OF KING% BENCII, llWilma, MAY N.

Sitting. Ii Bence.

mit. v. crettr.
This was an action to recover the amount of a bill of exchange
accepted by the defendant. It was tried at the late sittings, before
the Land Chief' Justire, at fluildhall. The plaintiff is tt bill.
broker, and it appeared from the evidence on the trim!, that the
bill came into his possession in the regular tonne of business.
During his absence front loi., counting-house, it was presented to be
discounted by eonterrson whom the clerk believed he had seen
there before on a minder errand. He therefore desired the person
to leave the bill. and call again in two hours, during which time
lie made satisfactor► inquiry as to the respectability of the names
indorsed upon it. Wh, a the person Came again according to ap.
pnlntment, the clerk discounted the bill without hesitation.
The defence was, that the plaintiff lied not used due catalog in
making inquiry as to the mode in which the bill had found its way
into the hands of the ',nom for whom he had discounted it. It
appeared by the defendant's evidence, that the bill heel been in.
closed in a parcel, anti sent from Birmingham to London, but
stolen on the road before it arrived at its destination. It was con-
tended, therefore, that the plaintiff could have no property in a
bill obtained through curb means by the person far whom he hail
discounted It, and that he ought to have taken more care in ascer-
taining who that unknown person was. 'flee Jury, under the
direction of the Lord Chief Justice, found a verdict for the de-
fendant.

3fr. flu RNEY this day moved for a rule to sheer cause why the
verdict should not he set aside, and a new trial had. The Learned
Counsel argued that the real question to be determined wu not
whether the plaintiff' had or had not used due eaution in ascertain-
ing who the person wet that presented the bill for discounting, but
whether he had or had not given value for it bona fide. There
could he no doubt that he had given value bona fide, and he was
therefore entitled to recover against the defendant.
The Court, after consulting a few minutes, granted the rule.
CURTIS V. WILLIS.
This was an action tried at the late sittings at Guildhall, beftwe
the lord Chief Justice, in which a point had been reserved ftw the
opinion of the Court. The point was, whether a posers named !
Crttehley had committed an act of bankruptcy, by avoiding a;
credits, under the follow' circumstances s—lt inquired in ad-
dame as the ilia!, that CfM. ley resided in Worwielohire, and had I
no house of busine■s in Logsdon, but that when in morn he called
at a friend's, warehouse in Friday-street, where he 'medians. wrote
letter,. One day when he was there, a creditor of his mimed
Johnson, happened to call at the warehouse, and Critehley, in
order to avoid meeting with bins, went into the cellar, and re.
maimed there a quarter of an hour, until ho was told that Johnsen
had left the premises.
The ArroittrEw-Getrtaat. now contended that this conduct
of (Atchley was nog an act of bankruptcy. lie admitted, that
where a debt., absented himself from ilia dwelling-house, or the
usual place where be carried on business, or concealed himself there,
or failed to keep an appointment, because he was afraid of meeting
a creditor, or pc out of the way to avoid a sheriff's officer, an act of
bankruptcy was committal. lie had looked into all the cases re-
lating to this point, and he could find no instance in which it had
been held that the these act of going from one room to another M a
friend's house, in order to avoid meeting with a creditor not come
for_ payment, amounted to as art of bankruptcy.
Mr. Justice Bar hur —I think, Mr. Attorney, that that very
act has been declared an act of bankruptcy by this Court, is a ease
from Plymouth.
• The Arvowerw-Onxittsh said, he knew the case to which
his hardship alluded, but its that instance the bankrupt crossed the
street in ogle to avoid a shad 's officer, and not a auditor.
3I r. J 'Mite BAT LLY, laving referred to the ease, asserted to the
A tterney-tieneral's statement lint. his Lordship added, there is
the case Bailey r. Copeland, Ist Mule and Selwyn, 313, which is
(mire decisive as to eis point. In that case, a person went inw a
friend's house in order to avoid a sheriff's officer, and cemained there
all night, through for, as be stated, of• meeting a sheriff'', officer or
some of his creditors. The Court held that he had committed two
sets of bankruptcy ; list, In going into his friend's house to avoid
the sheriff 's officer, sad secondly, in staying there through fear of
meeting his creditors.
The :IT•runwur-Gewrttt. said, that after that decision, he
would not waste the thus of the Court by pressing the argument
any further.

GREETTWI V. WIIITEIIILAD.

This was an action to recover • sum of money Intrusted to
the defendant,* conveyancer in Dayle-street, Burlington-gardens,
to be laid out in the purchase of annuities, and which the plcintiff
had lost in consequence of the negligence of the defendant, in not
ingking sufficient inquiry as to the pecuniary circumstances of Dr.
Locke, to whom the money was paid. The ease was tried at the
late sittings at Westminster, before the Lard ChiefJustioe. It ap-
peared in evidence, that in lOW, the defendant laid mat the money
in purchase of an. annuity to be paid out of the tithes of the parish
of in Norfolk, of which lit. Locke was then the inrum-
bent. On the trial it was stated. that when this bargain was con-
' eluded, the judgment debts of Dr. Locke amounted to 39,0001.,
and that there were annuities already payable out of the tithes of
Hillgity to the amount of 1,289/. It also appeared that Dv. Locke
was generally considered at Farnham, of Which he was curate, to
be a man greatly embarramed in his affairs.
The detente was, that the plaintiff' had not intrusted the de-
fendant with the investment of the money, but had employed his
own solicitor to magage ilte nueteeimiem, and that he would have
been duly paid bv Dr barks, if that gentleman, in consequettee of
simony, had not been deprived of his living of Hillgay. The de.
fence was discredited by the Jury, who found for the plaintiff—
Damages Meet les.
The A TTORWTY-0/711P:11Ai. this day moved for • rule to shew
cause why the verdict should not be set ride, and a new trial had.
He founded his motion on some affidavits, from which It appeared.
that since the trial, the defendant had, by applying to the attorneys
of Dr. Locke's acelitors,ascertained that previous to the purchase of
the plaintiff's annuity, Judgments had been satisfied to the amount
of 33,000/., although no satiafactiott had been entered on the roll.
and that the annuities had been reduced to 7811. The Learned
Counsel submitted, that, if he had been able to prove these facts,
the verdict would have been for the defendant. The defence would
have appeared ninth stronger to the jury, If they had found that
the judgment debts of Dr. Locke did not exceed 3,0001. which was
the amount, judgment being always entered up for double the sum
actually due, and that the annuities did not amount to Mel., while
Dr. Locke had • considerable income arising from his living. and
front extensive landed property then belonging to him. There was
another fact on which the motion was grounded. The defendant
had subpamaed Dr. locke's solicitor, .11r. Wilmot Parker, to prove
the amount of his client's property ; but the evening before the
trial, the defendant received notice front Mr. Parker's son, that that
gentleman had died suddenly, and the defendant was therefore de-
prived of the benefit of his testimony,
The LORD CHIEF JUST act—Of what use could any informa-
tion be to you that he could give you, when, in addition to the evi-
dence produced by the plaintiff as to the amount of judgments and
annuities against lit. Locke, it was proved that writ after writ had
before been issued against I anti that he was in his own imme-
diate neighbourhood considere'd
to he in embarrassed circum-
stances ? It deo appeared that there was a considerable encum-
brance on dr living of nilloy. . . . . .

The A•rrounEvAiENERAL was desirous to explain the cir-1
commences conflicted with that living. Dr. Locke, previously to
1818, had entered into a secret contract with Dr. Craddock, to va-
cate the living in his favour; but in consequence of 1/r. Craddock's
inability to perform his part of the contract, Dr. Locke resumed
possession in 1817, and was actually enjoying it when the annuity
was granted to the plaintiff: ;Sometime after, Dr. Locke wished to
vacate in favour of Dr. Lens, but the Bishop of Norwich suspect-
ing the existence of a sinionimal contract between the parties, re-
fused to induct Dr. Lei_ and obtained a writ of quure impcilit,
and also deprived Dr. Locke of the living on which the annuity
was secured.
The Loki/ CHIEF JUSTICE—it appeared on the trial, that
that living was mortgaged fur a considerable sum, u circumstance
which the defendant might have learned, if lie had made sufficient I
inquiry. It is charitable to suppose that he had nut made inquiry,
for if he ha-I, he must hare Mond that in 11117 Itr. Cridtiocic was
in r010:0Mi011 of the living of Billgay, and that l/r. Locke resumed
possession in the course of that year ; and knowing these facts, it
would perhaps be too haul to say that he would have suffered Ins
client to lend Ids tourney upon such a security. 3lr. Attorney, it is
clear that you krow now no inure than with due diligence you
might have known before the trial.
The A TTOIIIII VMENEII AL—We expected, my Lord, to prove
by Mr. l'arker's etidascs, what was the amount of Dr. Locks'a
debts in 11118.

....
The burn Cum?. JIATICE—Does your affidavit state that
Mr. Parker could prove that Dr. Locke was in gotxl ciecitnistatuxe,
or only that he could prove what were his circumstances?
The A vetiascr.OkitEtt.ti.--Only the last point.
The Lorin tut J oar lc E —Then in all probability it would
have ellilleilleil with the evidence already given. lteeti.lex, If the
defendant had done his duty towards the plaintiff; he would have
discovered in 11111: what be seine only very re. ratty to have learn-
ed, namely, that although the judgments were on the roll, the
greater part of them has been tumefied.
Mr. Justice BATLEY—Is Mr. Parka's name in the brief of
witnesses ?

The ASTOUND:T-OEIM lIAL—VCI, my lord.
Mr. Justice HAY LET—IVIIat is it stated he was able to prove ?
The AvroarrrY-GEXERAI.—Tiot the living of Hifigay was
In 11118 in the possession of Dr. Locke, and that lie subseiptently
lost it in consequerce of a proceeding under a writ of quart
inspedit.
The bolo) (limy JITIBTfct —That Is a very different thing
from proving the general state of lk. I,ocke's attain. As Mr.
Firker is dyad, he onset be a bold man who will now cane before
tie Court and swear that Mr. Parker could have given evidence of
the general state of Ile. Locke's affairs. indeed from your own
statement It appear not to have been intended to call Mr. Parker
to prove any such thing.
The ATT OWN EY-tlimmtat.—The ground on which we rely in
stippert of this motion is, that it the Jury had hail an opportunity
of weighing all the circumstances which 1 have this day stated, they
would have come to a very different conclusion.
The Loan ('rater JUST IC E—lt is your climes fault that they
hail not that opportunity, and he Is not to tak: the benefit of his
own uegligence.
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