The British Press; or, Morning Literary Advertiser.
London, England, 1819-11-30 00:00:00

TO TIIE EDITOR 0 P TIIR BRITIMI PRE S

Site—Sottrevarrnatie wow (in a soaday rap►r) has, with
no very Triendly intention to the work, announced me a. the
reputed author of " Pontefract Castle; or. the New Series
al Tales of Mg Landlord." Permit me, Sir, to disclaim
such temerity on my part, and to as.ure the public (which
they will readil♦ believe), that wherever the mantle of the
renowueil Jedrdiah may have descended, it has fallen on
much abler shoulders than those of

Your respectful humble Servant.
THOMAS DIBDIN.

LAW INTELLIGENCE.

COURT OF CHANCERY, WetrxissreA,
MONDAY, NOVIMUt 29.
W. TUUNCR Y. SONO,.

Mr. Cutt.x• stated. that this was • motion for an injunc-
tion to restrain the Defendant from proceeding at law to
recover the amount of a lennri executed by the Plaintiff.—
He moved this on the Defendant's answer being pot is.—
The Plaintiff', bill stated, that be hail been tinder the ne-
cessity of calling a meeting of hi. creditors. and offering
them a composition of 12s. Gd. in the pound ; to which they
agreed, and signed a memorandum to that efLct Amongst
the other creditors the Defeo.lant attended, and signed the
memorandum. It was stipulated in the memorandum, that
the Plaintiff should pay the 12..841. in the ',mind by three
joSialinegifr, the two first to be 5s in the pound, and that
ilia Plaintiff was to give security within a mueth for the pay-
ment or the second Ss. in the pound. That the Plaintiff,
before the expiration of the mouth, tendered his promissory
sautes to the Defendant for the first and third instalment',
sad money and Bank mutes in payment of the second instal-
ment, which was refused to be received by the Defendant,
and he bad brought his action at law for the recovery of the
full amount of the Ptaiutiff's bond. The Defendant, in his
answer, admitted that be attended the meeting, tint be had
got so intoxicated before it look place, that he did not know
what passed at it—but he believed that, by the importuni-
ties of the other creditors, be was induced to put his mark
to the memorandum of agreement. That the Plaintiff did ten-
der his promissory matte to him for the payment of the first
and third instalments, and that he might have offered to pay
the second, but to his knowledge and belief he did not see the
money anti Bank notes tendered for that purpose. That the
Defendant would not put ;lie mask to the agreement if be had
nut been intoxicated, for be was capable, on all necessary
occasions, of signing his name in plain and legible writing.
The Learned Counsel contended that there was nothing in
the Defendant's answer which ought to prevent the Court
from granting the injunction. The plea of intoxication
could nut be admitted by a Court of Equity, without it was
in evidence that the person using that plea was made in a
state of intoxication for the purpose of his being imposed
on. The Defendant had nut ventured to swear that the
Plaintiff or the other Creditors induced him to drink for the
purpose of getting his signature to the instrument ; neither
did he swear that he was not in the habit of affixing Isis
mark as his signature, he only swore that on necessary occa-
sions lie could write his name. If his Lordship did not grant
the likinnetion it would sot only be a great hardship on the
Plaintiff, but also on the other Creditors, that the Defendant
should receive the full penalty of his bond, which amounted
to upwards of 8001. Under those circumstances he had no
doubt but the Court would grant the motion.
•. - -

Mr. HEALD and Mr. Rongtht. Counsel for the Defen-
dant, contended that there was sufficient in the answer to
justify the Court in refusing the injunction. The Learned
Counsel had abstained from stating how the Defendant's
debt had accrued. The Plaintiff was a Gentleman eery well
known in the County of Essex ; the Defendant had a quan-
tity of farming utensil* to sell, and he was persuaded by
the Plaintiff to allow him to sell than, which he did, and
received the money fur the proceeds of the sale, and which
the Defendant positively swears he expected to be paid over
to him by the Plaintiff on the following day, but instead of
which the Plaintiff offered him his bond fur the amount, which
be accepted of, and it was not to be wondered at, when the ap-
pearance of the wealth of the Plaintiff was considered. He
Dot only kept his carriage but his bunters, and of a sudden
called Lis creditors together, and declared Lis inselvet;zi.
it was not then to be wooden(' at that the Defer....l.at doubt-
ed this sadden change in his ciretnsta::es, and went to the
meeting with that dunk on h'er mind, bet bating gut in-
toxicated before the meeting took place, be by the impor-
tunities of the other creditvis, put his mark to the instru-
ment.
The LORD CHANCILLOR—" It is he'd by this Court, that

if a creditor attends a meeting of creditors; and a rompusi.
Lion takes place, and he does not dissent or protest against
it, althongh he does rot sign the illMirllMelli settling the
composition, it is to be taken that he has consented, fur by
his mature he gives the other creditor. reason to suppose
that he agrees, which might be all inducement for them to
sign."
The Learned Counsel, in continisation, contended that
even if his Lordship thought the mark or the Defendant was
a sufficient signature, yet the injunction ought not to be
granted, as the agreement of composition was unit and void,
as the Plaintiff did nut give the security he agreed to do for
the payment of the second instahnent, and the Defendant
denied that he tendered him the money for that purpose.
Mr. Cou.s. replied.
The Lost) CIiaIICILLOR—N Upon Ibex Twigless tiny
. .

relate to sober men, they are settled by the rules of the
Court, when they agree to a composition with other cre-
ditor's, fur if a creditor agrees to a composition with so-
other security in his pocket fur his lull devaaod, it has been
the policy of this Court that he could not recover the
greater security, and that the debtor himself might set it
aside, and this policy is now acted ou at the other side of
the Hall, as it acts as a fraud ou Site other creditor's. It is
true that it is a universal rule of this Court, that in grant-
ing injunctions the Dekadaist's answer mint be lakes to be
true, but here is a wan who tells us that he put his mark
to an instrument through the importunities of other cre-
ditors, as he was so drunk that he did sot keen what he
was doing. The Court thee most be allowed to have some
doubt of the truth of his answer, whew be undertakes ere
reform it of what passed at the meeting. Ido not kwow
why a drunken swam should he put in a better satiation than
a staler one; I ant sure be camelot be so placed ley a mbar
Judge. Therefore I gnat the iejunction on the Plaintiff
gifting the Defesdant judgment at law, and paying into
Court the imitator:este of the composition as they became
due."—lnjuaction granted.
The Court was occupied the remainder of the day (it be-
ing the last day of Term) its hearing mafioso of junior CO4III-
- eared& of the bar, vino interest except to the parties
manned.

The Loam Cffaucrmaat will sit on Saturday next at
Linenltes-Ina Hall, it being the first Seal after Term.

COURT OF KING'S BENCH. Wenntesses,
MOSDAY, NOVERIBM 8.
This day the ArrosNar-GureaL and the So-
LICITOa.GENERAL were sworn in the usual form.
WRIGHT V. DOLBY.
The Rule in this case was made absolute.
Serjeaut Caoss was not in Court at one o'clock,
to phew cause against the rule ordained by Mr.
DESNA N, against the Coroner of Oldham.
THE CORONER'S INQUEST AT OLDHAM.
The Court refihed the Mandamus, and dismissed
the rule to shew cause, without costs, on the ground
that the proceedings of the Coroner's Inquest were
irregular, the Coroner not having viewed the body.

The petition in favour of livery Stmt. signed
by fourteen thousand persons. has been lind before
the PRINCI REGSNT by Lord Stpuoucs. Ills
sentence is to he commuted to two years ausprisao.
sent in the Howe of Correction.