The British Press; or, Morning Literary Advertiser.
London, England, 1818-07-10 00:00:00

RANDALL and RANDALL N. GRAY.

This war tin action brought to recover money
Tent by the Plaintiff* to the Defendant, and paid
for their use.

Mr. SCARLETT, for the Plaintiffs, stated the cir-
commences of the case, as follows Clarke
had been in business by himself previously to June
1813. • In that month Mr. Gray, a gentleman who
then and subsequently resided at Cheltenham, en-
tered into * partnership with him ; and in the Sep-
tember following, a deed of partnership was exe-
cuted between them, by which it was stipulated
that Mr. Gray should pay ten tl sapid pounds as
his part of the capital, within a month, mid Mr.
Clarke ten thousand before the rod of December.
fu the interval, the business was to be carried on
under the name of Clarke only, rod ou paydweit of
the latter sum, Mr. Gray was to have his option
whether his name should appear as one of the firm.
Mr. Clarke used to have considerable dealing in
acconnuodatiost bills, amid continued it ether the
contract of partnership was executed. On the 511 i
Niarch, 1814, he (Clarke) drew two such bilis, at
two months, on the house of Randall, new for SLIB/.
the other for 478/. Se. 6.1. which they accepted, and
were obliged to pay. Before the end of May, a
commission of bankruptcy was issued ageless' Chas ke,
but he had previously made an assignment of the
whole stock in trade to Gray, who refused in pay
the hills, on the gr 1 that he was mint
that the bills had not 1. u drawn for the accoininn.
dation of the house, his flamers a pm-ester Hot being
known, but for the accommodation of Clarke only.
Oa the part of the Plaintiffs it was proved, that
Clarke, when applied to for inquired of the bills,
stated that they had been applied toffee partnership
account ; that he directed all application for pig-
ment to Mr. Gray, who, he said, perfectly well knew
that they had been so applied ; that the prorirrty
assigned to Mr. Gray exceeded in value fifty thou-
sand pounds, and that at the time of the 10111.4 ttttt rot
the concern was Perfectly solvent ; that Mr. Gray
would pay the whole of the debts out of the fowl*
of the house ; that one of the hills had been paid
for wool, on account of the house, to Mows. Jar-
min and Lacy, and the other discounted at the
Bank of England.
Mr. MARRY ATT. on behalf of the Defeiedstits,
said, that Mr. Clarke lied drawn the bills 11114511 per.
sons entire strangers to Mr. Gray, fur his own pri-
vate accommodation. The Wore bad been to bad

circunistauces long before Mr. Gray was induced
to enter into the partnership. which fact was con-
cealed from him. Clarke postponed coot' Ily
the making up or produc►ng his sect:outs. to shrw
that he had invested the ten tl►nnaand pounds, to
which he was bound by the contract, and when Mr.
Gray became importunate, and caused a gentleman
to call on h►m for a definitive answer. he then pro.
cured these bills, among others. for the purpose
of ►hewing that he had contributed his share of the
capital. It would be contrary to reason and law
(the Learned Counsel argued) to make one partner
l►able for money borrowed by another, to create a
fund aheolutrly necessary fur the forrnatio►► of the
partnership. It was 111-e dna one of the bills was
pa►d for wool. All that Mr. Clarke said, with a
slew to implicate Mr. Gray, was unfo►►nded and
untrue. Before the end of May, Clarke wild
gazetted as a bankrupt. Ile would slice, that by

•
.•. • .
Clarke's always keeping the hooias. and Mr Gm).*
✓esoling at Cheltenham, the latter was in cool-
I'lete ignorance of the transaction of flee bulls; and
that fur the purposo of coneeeling from him that
they were bulls tor the ace latimi br Clarke,
neither of them haul passed throttgli the bawd- of
the regular itisconoter. The question seas, shaellet
%lr. they be made accountable her eletets cote-
tracteet on account of another persem, mid stu-
diously concealed front loin. Not our,-third cei siert
10,f1d0/. hail been brolight into I lir j mit stock—
nut wee peony of this epecetiv allso lead bome so 'it...
plied. Instead of 50 nun,. worth of star k.
Nlr. Grey had lost his own espial, and been com-
pelled to pay more, for which he had not foods.
Ou the pert of the I)efenehtlit, it wets depose:l,
that he had paid in the Ib 000 f. almost Imme-
diately after the ex.-Cumin of the contract—that
Clarke pot tiff the production of leis met-00,0, 10 the
Defetedmit, or his confidential f rend, at different
times, Irmn the begitieliog of Dreeinleer tee the
10th A Intl ; and littit be, iii point tit felt,
did bring en the capital hi bed 'Mimi:lied for ; that
Defeentaiit had been obliged to borrow 7,ottot.
addition to the stuck received to pay off the eielot
of the house ; theft Clarke had laid out money to the
extent of four or tire thousand pounds em temluling
111 Ilaiiipshire. But it war, on the other band, ad-
mitted, that when Mt. Gray took the assignment,
the debts of the lonise, good and had, might
menotilitlto3Cooo/., liesieles stock in Itaml to n large
momenta ; and that acute of the debts incurred he
Clarke ist building had been proved against 1114
separate estate ; and that in Ii 14 the Moose or
Randall would loot give credit to Clarke alone.
After the speeches of Comesol me each side the
Judge charged she .fury. Though Gray's name
aid not appear as a partner at the time, ',et lie ass
indisputably answerable- for goods sold, or money mut.
vanced to the house. The may question, therefore.
for the Jury war, whether the bills had berm accepted
and the money paid by the Planned's to the tate of
the house of Clarke and Gray, or the use of Clarke
only. In the' farmer case they should tiled fir the
Platiltithe—in the latter for the Defendant.
Verdict fur the Plaintiffs fir 9761. ss. 6,L