The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-08 00:00:00

LAW INTFLLIGENCE.

/ICE-CHANCELLOR'S CUUKT, Lteesureiint,
410misav, Deeewsta 7.
PATENT AIACHL.NERY. '
lETIICOTT au,l Lacey
Mr. Niter moved fur fill lujuucrt,ut to reetridu flit
Delendaut 6.0.11 won*. Hoy pine of I Ile !Went
otactitheiy of the Poitot.tf. fur or ktog thread
bobbies net lace except the onschi..e N 589. In
the year 1809 the irsi•lit for
sn.totitier'y to In-die the afiettit I ice, which befit e
til beets chose by the- hand a cuslii.sn with
bobbins. The Platontfs Itstrl w 4,1 to the I)efentlatit
the right of 'tong the tnachuse No. 5.9, hut since
that time lie hid nude r soda( in.tcootes to the
others of dm Plaintiff., which lie weir u.tox with•
out their license. 11.1.1er th i e circorn.laoces he
haul nu duubt but Isis nuuour *Jule' gr tilt the iu-
j won too
Mr. ltouret.t. L,llowed on 'the sane side.
Ilia Honour t.te Vic6.CitaNct.t.hott —" Take
your mutton, Mr. Hart, but let the Older of .the
Court be screed per.otially on the Oeftilatit."
lojunctiou grattled. •.
Visual' grad dlliens. Creditors IrsoPEßTTHActailt,

deceased. V; •NNS THACIIVV.

Sit Ar:ritue l'tocorc stated, that this WAS the
applicition of the Defendant, the widow and ad-
ministratrix of Robert Thacker, deceased. foe an
order of the Coon to be directed to the Sheriff of
Leicester,d!recting him to restore to the Defendant
the goods of her deceased littsbend, which he had
seized under a writ of seire facia:, at the suit of
Stanley and Lucas, crechtois of the deceased Ro-
bert. The Court had, by its injunction of the
or November. restrained Stanley and Lucas from
proceeding at law, on their costs being paid, for the
recovery of their. debts. They were accordingly
served with the injunctioh ; and on the very day
they were ari iervarl the Sheriff seized oh the
good*, which Were under the core and direction of
the Defendant; as the administratrix of hei. de.
ceased husband, He (the Learned Counsel) wee
not aware that the mot was omnoed ;he could
nit see, if it was, on what ground it could be ob-
jected to. • . •
Mr: Stiso*ett, Counsel' for the Sheriff of
Leicester.• said he was instructed to submit to any
order the Court might think proper to make, and
at the same time so submit to the Court, that the
SheriW was euttiled to his Coate fur levying the
execution.
Mr. BLAKE. Counsel with Sir A. Ptcaori,
said that his lionotir woold perceive, that Stanley
rod Lucas Were served with the injunction °Clive
Court before the levy was made, therefore they
ought to pay the costs to the.Sheitlf.
The VICE•CHAPICELLOR.—" You hate not
prayed that they shluld pay the coats to the Sheriff:
and. as they do not appear, L cannot make an order
bet I their backs for them to pay coots winch you
have not prayed fur. Take the order to the Slwrlft
for the restoration of the goods to the Defrodint.
she paying him the expenses of the levy, liable to
any further order the Court may 'Wok proper to
make."— Motion grunted....

cotinT OF KING'S BENCH, Wirrittnerta,
MONDAY, Dammam 7.
Sittiags after Alichaelaius Terns. brfore ,Chief
Justice Allot? and Common Juries.

-• CLARKS R. DAVIS.,
Mr. TOPPING stated that the pre tut action woo
brought by the endorsee agaiiwt the acceptor of a
bill of exchange. The hill iu qur,tioii was drawn
for the sum rif InCtl. 164. by a person of the name
of Mainwaring. It bore. date, the Atli of April,
1313. at two mouths, end wino endorsed over to the
Pleintilf fur a valueble consideration. When it be..
came due, Mr. Davis was 'limbed to, but he pot off
the payment front time to tilde, end it was found
necessary to bring this action. l'he Defendeoi had
put in a plea in ithateitie4.--(inliiiiiiing the
though rousting payment) —riaisi:ly, that the pro.
rinse to pay .was nut made .by I alone, but ill
conjunction with one Moses Abraham Waker,
whom he was in p.irinership. This was the first
tithe they had ever heard of this Mr. Walter, he
was quite unknown to them before.. His Lordship,
a few days since, its speaking of pleas in nbattinenr,
had observed, that they ought not to be much est•
couraged—and that, whets such a plea was pui us,
the most decided evidthiCe should be adduced is
support of it.. He trusted the Jury would keep
this posit iu mind, and look narrowly at the evi.
deuce of this alleged partnership.
-- Williams preyed tliet..lie had called several
times at the Defendant's hoiti.os for payment. of the
bill. Defendant always ealinated itist be was
liable, and stated that the bill aliould Ist token up
when his agent returned from *Woad.
Mr. Cumtur said, the wily question for the Jury
was, whether, at the iiine this hill was accepted,
the Defendant was or ems tat ih partnership with
Mr. Waker ? It Res Ono clear, from the man-
Der in which the bill was drawn and accepted. that
Mr. Davis was known to be in partnership. It. was
drawn on " Messrs. Nathan, Davis, and
mid wits accepted by " Nathan, Davis, and Co.
13, Gloucester-terrace, Multi:lmpel." In addi-
tion to this, he would put in the pertnettship deed.
which would 'Mlle the fact beyond all doubt. Aa
to the law of the case, it was lately held, in the
Coon of Cuitiunin Pleas id the case of Dubois a.
Lauder, 4th faumlote, 64;9, that, where* Defend..
Ma bad a partner. although that circumstance was
seat geuerally known..yet he had a right, Ii stied
by himself, on a bill of exchange, to put in e plea
in abatement, founded On the tact a his
partner.
Saul Vstes produced the partnerviiip deed, to
the execution of which ke was an attesting witness.
It was dated the Bth of June, hilt
Valek Levi Veudermeulen deposed .to the fact
of a partirenthip subsisting betweeis Welker mid
the Defendant. He saw Welter about a fortingl4
ago. He had desk with Walter and Davis, as
partners, eighteen months ago.
Mr. Teresina stated, that, on lonliihg to the
partnership deed. two points of great sposportance
appeared—bust, that instrument scented clear-
ly to Relate to a partnership, 1101 for home trams.
action., but for foreign de/lings—alai twit, it %%tie
provided, that bille.drevin or accepted -.114
with* tirm, should contain the twines of '• Oasis