The British Press; or, Morning Literary Advertiser.
London, England, 1821-01-19 00:00:00

LAW rNTELLIGENCE.
G•
darn. OF CHANCERY, Uncoues
Tutraway, JANUARY 18.

fla.. • arcLOAD CHANCIILLOR came ilith Conrt at
teat blelork, and was occupied until one in
herring the farther argumeuti Counsel in ass
appeal cause, sifter wbich Conntel net being ready
in the other appeals in the paper, his Lordship
rose.
To-morrow (this day) will be the lectind Seal;
and his Lordship Will herr motion..

COURT OF MNCH, baILONALL,
TuusiDAT, 1111 Malt IC

Befur e the LORD CM grilliTicß and a Special Jury.

HEATUFIELD AND ♦NOTHER V. HOLDING.

This was an action of trover brought by the
Plaintiffs, as assignees of John Bathe, a ba'.lk.rtipt,
to recover a quantity of wine and sPinta 10:1 the value
of 2,0401., which had been received by
the De-
fendant under the following circu.mstances :—The
bankrupt, Bathe, who kept sk wine anvils in Pic-
cadilly in the year 1817, situ some time previously,
did beanie's with a man named Probert, a win,-
merchant, and at his request became joint bail for
, the Defendant, Holding. which was the occasion
of his first becoming acquainted with him. About
the middle of the year 1818, Bathe becoming em-
barrassed in his circumstances, had some conversa-
tion with Probert about his affairs, and shortly after
Holding called on hini sod told hint that Probert
had metilioto.d the matter to him, mid he then ad-
vised Bathe to become a bankrupt, and not pay
his creditors a farthing. He informed Bathe that
he had himself been a bankrupt, and had got
through very well, sod had made a good thing of
it. After repeatedly being urged by the Defendant
and Probert, Bathe acceded to the plan. At this
juncture the Defendant, who bad been a flour-
factor, and had procured his certificate only in the
year" 1817, took a house in Devonshire-street,
Queen-square, and commenced business as a
wine-merchant. Bathe then, in pursuance of the
plan which had been concerted with Probert and
the Defendant, went to the different persons with
whom he had dealt, and bought large quantities
of wine and spirits, which he afterwards sent
to Holding's and Probert''. Those sent to
Holding's amounted to upwards of two thousand
pounds, at the cost prices. It was arranged
that Holding was to keep the goods till after
Bathe should have got through his difficulties,
and then return them to him. Afterwards, in
January, 1819, Bathe accepted a bill for 2,000/.
which the Defendant was to arrest hint on in a
friendly way; it was so dated as to be over due at
the time of acceptance. Bathe, according to the
plan concerted, went to George's Coffee-house, in
the Strand, and was arrested by Radford, the offi-
cer—Noel, the Defendant's attorney, being pre-
sent, and was taken to the lock-up-house, where he
executed a warrant of attorney to the Defendant,
and was liberated. Bathe was afterwards ted
two or three times by his bona fide creditors,
and was bailed by the Defendant ; but at the
approach of the Term he surrendered, and went
to the King's Bench prison. Holdiog bad just
before entered up judgment on the warrant
of attorney for 2,0001. and levied under an
execution on the Plaintiff's goods. Bathe being
now lodged in the King's Bench prison, be-
came impatient of the delay in the ulterior proceed-
ings ; but the Defesulant excused himself by say-
ing, that owing to some recent proceedings in the
Court of King's Bench relative to a conspiracy, he
could not get the Gentlemen in the City on whom
he had relied to do any business at present. Bathe
continued in the King'. Bench, and after he had
lain there two mouths, a commission was sued out
against him by one of his real creditors. Whilst
there he gave the Drfendsiit bills of parcels and re-
ceipts in regular form for the goods which he had
sent him, charging thent to him about 30 per cent.
under the cost price, hut all the money which he
received was 101. paid by the Defendaut to Mrs.
Bathe white he was in prison.
Such was the case as it stood for the Plaintiffs,
and was supported principally by the evidence of
the bankrupt Bathe and his wife, corroborated io
minor points by other witnesses.
Mr. Maafttrare, on the port of the Defendant,
before calling any evidence, objected that the
Plaintiffs were in point of law not entitled to reco-
ver under the present form of action. If the story
were true as stated by the witnesses who had been
ezamined, it was under a concerted mid systematic
fraud that these goods were obtained, and that
consequently no property could vest iu tke bank-
' rupt, who could not himself maintain an action to
recover them, neither could his assignees, who
claimed through him.
The Loan CHIEF Jurrics decided against Mr.
Marryatt's objection. The sellers of the goods
must be taken to have &garotted to the sales made
to the bankrupt, and consequently the property
vested in him, and through him in his assignees.
Mr. MARRYATT then addressed the Jury on the
part of the Defendant. and nged the little credit
that was due to a witness who was so tainted as by
his own evidence it appeared the bankrupt Bathe
was, by being a willing party in an attempt to
chest bus creditor,. He contended, that the goods
were really and truly sold by Bathe to his client
(at a cheap rate, no doubt), and actually paid
for, as he should prove by the evidence of the
Defendant's brother, and other witysoes.
Thomas Holding sworn and examined by Mr.
DENHAN.—He is brother to the Defendant in this
action, and lived with him as clerk ; he remembers
his brother buying goods from Bathe; he was not
always present when the goods came in from Bathe,
but iu every instance that he was present the
goods were accompanied by hills of parcels ; he
sow his brother pay, on the 27th November, 1818.
5651. 10*. to Bathe. who gave a receipt for it ; to
also Saw various ether sums amonntiug to 430/.
paid by his brother to Bathe. between the 9th
December. 1818, and 19th January, 1819.—
Various receipts being shewn to the witness, he
identified them as the receipts for the money he
had seen paid, and swore that they were in Bathe's
hood-writing. us also a receipt for 313 i. 10s.
the money for which he did not see paid.)—
, He remembered two pipes of Constsntia coming,
which Bathe made n present of to Mrs.
He remembered iu February, 1819, taking 601. to