The British Press; or, Morning Literary Advertiser.
London, England, 1824-09-16 00:00:00

HOWLS!) V. MATTHEWS.

Mr. SCARLETT stated that that was an action brought by the
plaintiff, to recover of the defendant the sum of LBW., so
much money bid for a puhlic.howie, known by the sign of the Old
Swan, in Liverpool, which the plaintiff hail canned to be put up by
auction at the hale. A person of the name of James Parker, as his
agent, had been instructed, at the instance of the defendant, to bid
for it, and it wan knocked down to him for this awn. A con-
tract to pay the atone was entered into, and a deposit of 10 per cent.
wan to have been paid.
It was se up, on the part of the defendant, by Mr. Sergeant
Canes, that him wile had authorised the bidding, and that it did net
bind the husband.

The Jt; DOE was of a contrary opinion, and that an action might
he sustained for the deposit of ten per cent. which had not been
paid, and the only question fur the consideration of the Jury was,
what damages the plaintiff had sustained. It was his Lordship's
opinion that some damages were due, but not the whole as laid iu
the declaration.

The Jury found for the plaintiff—Damages, 100/. ; costs 40s.
CLAIMS TIIE TOUISOEN AND AYOTIILR, ASSIONEES CC
1101/MAN. A NTT. v. TIMMINS.

Mr. Scsat.ETT stated, that the plaintiffs were the assignees of
a person of the name of lhaintan, law of Liverpool, a bankrupt, II
who, in the year 1891, had become embarrassed, and had made an
assignment of all his effects to the defendant, for the benefit of his
bona fide creditors, to whom the defendant acted in the capacity of
trustee, although there had been no dyed. Since his bankruptcy
the defendant had your into the possession of considerable effects,
to the amount of 171.81/., to recover which the present action haul
been brought. The property in question arose from the freight and
net proceeds of the brig Shamrock. and the schooner the "horning
Star. The act of kenkruptey had taken place so far back as Octo-
ber, 11191, and which he should have nu difficulty of proving. The
art of Minkruptcy was proved by a person of the name of fleorge
Scut, an apprentice, furintrly in the employ of the bankrupt, by
three distinct denials of his master. t Mune particular eccmitni, he
** If Hose calls, say I am not at home."
Henry Hilton, a Shears Officer, proved by a warrant which he
produeetl, that he had arrested the hattlatiri at the suit of a emit-
tor of the name of Bose. on a bill of exchange, for 1241/. dated tie-1
camber IN, 1810, which had been noted. James IVotson, the .4.11.1
cites under tit commission, put in the cot 1111 l dated ;oh
June, 18.19, and the mune of the defendant, l'itntitins, as the pi.
titioning creditor. The bankrupt posited his examination ua the
Jill of July, 1892, and signed the deposition.
Mr. Sergeant 0111:4$ replied, and said his client was at the
mercy of a single witness (Scott), and no less a sum than 1,3041/.
depended on the credit the Jury gave to his testi 11111111 l I ultjaet to
a flae of reference of the Court as to the bankrupt's
The Learned Aims.: charged the Jury, and said this wag an
action brought by the assignees of ikeardman, to recover posses.
sion of a large sum of money. His Lordship then stated the acts
of bankruptcy, which he thought had been proved by George
Sect, whu had been ordered to deny his master ; and if they be-
lieved hint, lie saw no reason why the Jury should not, then their
verdict would be for the plaintiffs.
The Jury, ender his I.ordship's directions, found an act of
Bankruptcy had been committed on the 9fith October. and that the
defendant knew of it at the time. Verdict for the plaintiff'. ac-
txrdingly—Dansages 4,0004.; costs 401.
The Court sat twelve hours this day, from eight to eight. There
ate upwards of 90 causes yet to be disposed of.
The Column at lievonpo rt is rapidly ascending, and ern
it will be placed a t,vlosaal statue of his Majesty.