The British Press; or, Morning Literary Advertiser.
London, England, 1826-10-19 00:00:00

LAW NOTICES.

COURT OT 11F4CII.
TN DA 11.—Te SIT AT • ALT-PAST AiMi.
I. Sprelai Judge.
*u4 o—.lr 1131 k de, thborn T. fennell rikett v. Bm.t.anan
AIM I. fr.ri ['mg* T. Irving Ileum Martyrv. artyr
{ell.. ditto hint..v. Richard's Weibel! T. VV..
ICo COUnaun Jnr is e.

LAIr INTELLfGENCE.

COUla OF KiNws BENCH. WsnwronAv, OCT. 18.

LONDON REMANET SITTINGS St/ORE TRINITY TERM.
ilidirethe BOND CHIRP JUSTICr. and Special Juries.

ZAPT INDIA COMPANY C. PIIINCE AND OTMERS,

APIIIOXZE4. OP CARD, A BANKRUPT.

Due WM au issue directed by the Vice-Chancellor, to try
o holm, on the 2lst t.ay of November, I:21, there was any debt
due from John Card, a bankrupt, to the plaintiffs, proveable by
them against the operate estate of the said John Card.
In order to make the grounds of this question intelligible to our
reader., we meml.e thst up to Int*, and antecedently, John Card,
the hau'irw;.t. was agent in lkolloo to a Mr. AVilliam Hope, a
rum keeper at Madras, and Card conducted all Mr: {lope's
Mil in Hoglund, under a general power of attorney. By virtue of
such egeacy, three biiis of exchange upon the Ewa India Com-
party, drawn by the Government of )Imints, payable to liope'e
order, tame to Carirs hind while he was cdtrying on business on.
•Ice the firm of Card and Davis. Ile indorsed them with Hopei
name,'" by procuration," and made them payable to his firma Card
and Dribs the motley was received, and all this ultimately turned
out to have been done afrer Hope. his wife, and family, had been
drowned atom ; though that fact was unknown to card aad the
East laths Company at that titpe.
The ,Mr. SERGEANT BOIkNIIIT4
Mr. tic Mr nnd

arcking .
sum total !t3,2811. For the pennant ef thole bias, Which came tom
tie bands or 31r. Cerd,slie bankrupt. the preseeffstiod ui hentight
',gains' Ms &wigwag. Air. Hope end Ids family trailed in the Jane
Duchess of Gordon, in January, 1309, and on the llift of March
in that year that ship was last seen by Merest of the homeward
bound fteet in a gale of what. She was neve: Enid of arteiwards,
and ennsequently it was reasonably supposed that the ship had
inandertl, and every soul on haard had gaffe with her t, dui
bottom. Mr. Hope was supposed to have hap ht the first
yarte of these bills in the v:s.el whit' him : tut 'tlie tripliates
1:e had Iran mined by another conveyance to Mr. Card, his
agent in London. ?oh. Card had been at 3lidras himself,
t.`....er• he formed an intimacy with Mr. Hone, aid having quitted
last statiar in IRO, he was appointed by 31r. Hope es his.g,enerul
a;ent •in London. On some time in the month of July. lettil. the
r- plicate parte of these bills were protented at the East India
-i:ouse tot acceptance. They weft amerced in the regnlay course
t.• barinesa, and as they were payable. three months after fight, it
would become necessary that Ilea should be presented again in
4 tctobce for 'ayuaent, when the three months abould h ire expired.
l: was Dersuary here to state the furor of the bills. By reading
nee, the Jery would be acquainted with the tenor of- all. The
balls paid ran ehass—" Fort St. (t-tree. Madras, 20:h January,
11109. At three months' sight, par this third of exchange (first arse;
-neared rot pail: to Win. nape. E.q. (weirder. 13,200/., being" so
featly tepees. dm.; directed to the Last India Company in London.
These bill., after having been lir:tinted, were accepted on the 20th
en Atty. MOP, by order of a ( mitt of Director* 'L but as they
were only payable to Hope or rosier, of manna they could
rot be paid wittinut his ialorseinent. It was tenpesaible thtv could
he indorsed by Mr. Hope himself, as he was at that time unhap.
ray drowned: but Mr. Gard, the bent:rapt, as the agent of Mr.
4lopeetnek upon Wish' to indorse them by virtue of thespowzg:
'attorney lie held. The East India Company required someo
to be produced, nathoriz.ng an agent to indorse for-his peintiltha
• accordingly the power of attorney was produced to them, aos,
approved. An entry Was made in their hooka' ref Its end: "and it
was registered as a general power of attorney, with a power of sub-
relanion. It was, in feet, an instrument so general and OA.
CAAd in its purer& that until a tecentelecipon of the Court of
itell's tub, in this very ease. any merchant 's the city of Lorne-
ilan eau have thought it autliorired the indorsement of such Dille
ke.the potent. Trey wire indur.ed I. Card, per procuration of
Wti.iam !lope," and trade payable to the firm of Card and Davis.
Trieze was then an imlorstment by the firm of Card aad
Davis, anthorizing the payment to Barclay, 'plumose' Cia,
a:11.• dolt of those bankers received the atoosatoebieb alas placed
..1=X401174 C, tricutt.n and r;,anevergeabymtahlnolfdbaernng ocualle:f thiypoin:atsot
pay thp Janie hills over lig- sin t but in 1812, Mr. James Murray,
who was die administrator of Mr. Hope (hit death and the loss of
the Jane Duchess of (lardon being then known). brought an action
agsiiist the individual Directots who formed. the Court that au-
thorised the acceptance of these bills, instead of bringing an artiest
veins' the East India Company by their corporate name. This
wen: was found to have been misconceived, and was accordingly
co dientinued. During the proceedings, however, Mr. Card took
an active part, and lent only assivance in his power for the dee
fence of the East India Company. 3lr. James Murray died
shortly afterwards, and then his administrator, 31r. John .Murray.
ceteanenced a fresh action agamit the East 'lndia Company, in
fag:, cwpotate capacity, to recover the amount of these bills. In
this Action also Mr. Card lent his own aid, and that of his Solicitors.
lie attended cornealtationa, haatled over pipers, and evinced as
ze•:rest towards the defence as any man wauld who was con.
a.,:rus that IT the ultimate decision was against the East India
:•.;nninty lie would be responsible. Even at the last argument of
in: caustic was present, anal made many awful seggesuans to the
(runnel for the East India Company. The Cows of King's Bench
at 'teat tier, as now, by virtue of an Act of Parliament to enable
site Judges to despatch the arrears of basiners, sat before
Tenn. and on the 2d of November, 1331. the Caen pronounced
'ls opinion, in Mr. Card's presence, that the power of at.
• terney from Alr. Hope to Mr. Card was revoked by the death
et the former t but if even the rower was good, it was not anti.
item to authorize 31r. Card to indorse the bills in question. Though
the judgment was pronounced on the 2d of November, formal
jaditmers was not given until the Nth of the same month, which
ras on the fourth day of the succeeding Michaelmas Term, and on
that very 10:11 of November, by a marvellous coincidence of cireum.
t tones, Mr. Card became a bankrupt ! TberEast India Company
Laving bed to pay upwards of hi,00,//.., which included the costa of
lair between themselves and Mr. 31urety, of course applied to Mr.
Card for reimbursement, when, to their astonishment. they were In.
donned that he was a bankrupt. They then offered to prove their
Cann under his commission, but this was resisted, on the ground
that the Stature of !.imitations was a bar to any such claim. Tne
}east India Company cnald not understand the farce of this reason.
log. They applied to the V who directed the pre-
cast issue ; and the Learned Counsel contended, that as Card hail
Magnin ti the whole proceedings of the East laths Company in
the defenc.... of Mr. Murray's action against them, end as he had as.
sided in ev:ry way possible, this was sufficient to show such a eon-
'adeniness of ultimate liability on part, as to amount torn tin.
dertakinseand an le take the case out of the Statute of Limitations.
General proof was then given of the facts opened in substance.
mei a great deal of correspondence was put in and read, by which-
nopeseti that .Mr. Card's Solicitors, for and in his behalf, had
teem an active part in the defence of the East India Company
....oa.r.‘t 31r. Murray's action, and in a great inmate sanctioned
their proceedings.
The parent of the bids to Barclay, Tritton, and Ca. was
proved, and it appeared that the amount was carried to the jaiat
.seenant of Catd end DAVI& and by them drawn out.
Ale. %tearer, for the defence, first contended upon the ace.
thority of /Lithe r. Lumley, 2d East 469, that where two parties
+pled ignorantly of the law, and one of them paid money to the
other inistakmg his liability, he could not recover it hack r• min.
go that ease, application was made to an underwriter fur his share
of of a loss upon the wreck of a vessel. The policies were handed to
him for inspection, end he paid the amount claimed. It afterwards
leaped out, that untler the peculiar cireamstances of the case be
was exempted, an 1 he brought hie action to recover back what he
La paid ; but the Court being of opinion that he paid the money
116 oar' wrong, and had an opportunity of guarding against
woe. they pronounced judgment against hint. The present erne was
eironger. Both the Etat ludic (mummy and Mr. Card were igno-
res' either that Mr. Hope sailed in the Jane Melia. of Gordon, or
that Its was dead, aid therefore no action lay at all. Secondly, if
as aslonneoekl lie. it could not be against the estate of Mr. Card.
The qarnioa propounded in the present issue was, whether any
debt was due from Mr. Card to the East India Company, ?loveable
against his separate estate. No proof whatever had been given
that the amount of these bills reached the pocket of Mr. Card
'lias. On die contrary, it wits in evidence that the amount was
paid 'to Messrs. Barclay, Tritton, and Co., and by them was carried
so tire account of Card and Davis, which firm drew it out. Tim
hareems therefore be fnund,in the negative, as there was no debt
portable against Vie separate estate of Mr. Card. Thirdly, the
Etatute of Limitarin-r was a clew bar to the present action. From
NM, when these bills vete paid, until 11121, when the judgment of
are Court of King's Bench was pronounced against the present
piatntiffe, they had made no direct communication to Mr. Card
that they considered him ultimately liable. It was true that he hal
acortrl them in their defence, but he had only afforded them such
?voidance as his keowletige of the transaction enabled him to afford,
wham be we. applied to fur it; and it would be extremely hard that
lea or his creditor, should be wade die victims of the laudable mo-
t: vet which had intiitenccd him.
The Luau Carry JUSTICE NM that there were many is.
!Decant ot teatime law arising alma disease s mai he would psi
I. into the shape of a special retail. task or any of
ism which might be agreed upon by the amid as bath sides. •
The Snutecroa.Gewsit•t, afar SINN diIIIONSIOD am to this
gasman, stated that as this was an hod loot by the Vier.
,aneellor for the opinion of a jury is a mot of kw, he thought
t indispensable that the opinion of the loisamt Jury should be
skew, whether or not, upon the list of Novalibln, 1821 there was
▪ &.b: due from the bankrupt to the plaintilik prove able

his separate estate. Their opinion upon this subject would deter.
mine whether they considered the conduct of Mr. Card, pending
the proceedings of Mr. Murray against the Emit India Company,
was such PP to take the case out of the Statute of Limitations.
The Lorin CUIEF JUSTICE then addressed the Jury. He
told them that the single question new propounded to them by
the assent of the Counsel on both titles was, whether, under the
facts which hid been given in evidence, the Statute of Limitations,
which required that an action should be brought within six years
after demand of payment made, ought to operate here; or, whe-
ther the assistance rendered by and on behalf of Mr. Card, the
bankrupt. during the proceedings instituted by Mr. Hopes re-
presentative against the EMI India Company, amounted to a tacit
acknowledgment that he owed the money to the East India Com-
pany, in the event of its being recovered against them? Alter
going over the correspondence, and adverting to some points of
law, which will undergo future discusaion in the Court of King's
Bench, hi, Lordship left this question to the Jury fur their deter.

• ----
Ihe Jury retir fur a quarter of an hour, and on their return
into ('ours found for the plaintiff,.

HARDY V. 5N1T41.
This wsit an action of 'rover, brought by a regrettable banker
at Grantlism. in Lincolnshire, aganst the defendant, a respectable
merchant in the city of London, to recover certain India Bonds, to
the amount of 19,3011.
It'appeered in evidence that 31v. Hardy, the plaintiff, was In the
habit of int:usting one IVatts, a broker in the city of London, to
lutrelasse Funde, India Bonds, and generally to transact same of
his money concerns in Londo,i. Acting in this capacity, he pur-
rthalami for Mr. Hardy the India Bonds in question, and by his
(ilertiwi) order trairsmitted to Grantham halves of them. At the
same dine Watts was considerably indebted to Mr. Smith (the de.
fencknia and gave the other halves to him as some secarity, un.
known to :11.r. Hardy. Whomever the dividcnda became due, Mr.
hardy sentyp the halves inlds possession to IVatis, who applied
to Mr. Staid), (1.4 Ahec thertalves. By this means her ms*Dl
to receive the dividthda fm three years, and uniformly
res cave halves to Mr. Hardy mid 31r. Elletitt. At length. Mow-
atm, Melee somghimegfemllds to a great amount, became
had aboooniad. Mr. Smith detained the halves of she
litmldite Question which were in his possesaion ; and the simple
question us to whom the bonds rightfully belonged ?
The Lobo ['mar JCSTICE left this qnestiou to the and
they found for the plaintiff.

Mr. ARLTT T. Mr. CAUTER. and Mr. CRITTY, were for thi
piaintifi... Mr. Al Ait a VAT, Mr. CAMPIICILL, ind r. J. EVANS,
were tor the defendants.
The Sottcrroa.tigwenat. stated the plaintiff's .• %Jae
Year 1809, a gentleman of the name of Mr. William Mope, wholkas
..11 European storekeeper
_at Fort Ht. Georgie; Madam,
_llpahlg
I massed a fortunes 1111111 Ned 10 return to hit native vine: maw .
',xi', he seek a peeputeis=r, wife, awd etMilver; ala board
Jane, Meuse o acme! railed In the ttionth of
Jima :ay to that year. For the reelleee of tranamitfill* hit
to England, Mr. lion.- purchased or procured ClortrorA
that were payahte In England, Mid amongst others three rriptilersto
Fills of eselutnge, drain by the °averment at Madras I,p-an the
i:ast India Company here, paystMe three months elm night. 'fhel
Wee, dated the 29th el January, 18011. One was for 13204,
weather wso for B.9tAL. and the third was for 1,1411., making in