The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-06 00:00:00

LAW INTILLIGENCZ.
COURT OF CHANCNNY, FalDaT, Nov. b.

id-PARTE LATMAA, IN SRC NATTILII Ot LATHAN AND
PARRY, PAIIIIIINTIL
eiliADarn.t. vow to reply to the obsenations that had ken
ma ow receding days„ir. opposition *Me. Latham's application
hello Certificate under the new Aot st Palliennstat. At the outset
ilAssVild admit, if it wets clear that the frauds which had India.
y fit •en preedscd upon Mc. De 'rastet by Parry, had been
praktbted with the knowledge of the petitioner', it would be in vain
tut hilt (Mr. Shadwed) to solicit the Court to grant the certificate.
%V eft this case was under discussion before, the Learned Counsel
Sinaloa had that opportunity of examining wa•lt such attention the
Iscrsittaitfthe bankrupts and Mr. Latham's examination betore the
~re,.which be had since bad, and it now appeared to
imis them, that no such knowledge could be imputed to the
haMtirpt ; and It was not necessary, the Learned Counsel conceived,
titled* Crust should perplex itsslf in disposing of this case, to lay
down every rule, and look at all the points, which might have to
De spender' to in all future cues, for the guidance of succeeding
IN.;_aufllcient it would be for his Lordship to grapple with the
crilties in the present ease.
His Lortnse re now asked to see the book into which the entries of
rsceirs and payments were made, from which he observed, that on
the ma side there were entries; for instance, to the edict, that Mr.
De:react had paid a large sum of money on the 10th October to
Latham and Parry, as his brokers, for the purchase of rums, which
tied not been taken notice of on the payment side of the book till
the middle L•f the following month; whereas that sum of money
mg* to have bean entered on the very day on which it was re.
tried.* at lmest on the fallowing day, to the party of whom the
sqns•ltael been bought, or it ought to have been immediately entered
• returned to 31r. De Tasty, on accaunt of the purchase having
tent silf; ttis must have been the case if Messrs. L. and P. had
kora aetirg as honest brokers.
11r.19natawLLL stated, that the petitioner's business was entirely
to attend at Lloyd's upon the insurance department, haring nothing
whatever to du with his partner's department of purchasing wines
...nu rums.
ils Loatisure could not comprehend this: it might be owing to
1•4 ignorance respecting such transactions • but when it appeared
eat the cash-book was regularly posted by the petitioner every
..9ht or ten days, it was very natural 'to suppose that he must
,•Ave known toe money had hot been applied as it ought to nave
b-rn.

Mr. Suarsweit. said, it w::s thevery basis upon which partner.
snips were oftsn formed, that one partner should conduct one part
et the. Desires, and the other the other part, without the one inter.
met.e.ling, clashing, or having any thing whatever to do with the
other.
His Lett:tenth was aware of this, het for the safety of :! ird per.
sons, the Court was boned to take it for granted that a gentleman
acting in pnttorrship with others. must know the nature of entries
made with his awn pen There were what werecalled sleeping, and
also deed partners, who were not supposed to have a very perfect
knowledge of every transaction, but that was net the case here.
Mr. SuattwEitoconcluded his argument, by contending, that
though it might be made ont that negligence had been manifested
by the petitioner, vet if he were not clearly a party to the
fraud, the Court would deal humanely with him, and grant the
certificate. _ _ _ _ .

Ei is Lo•Pente felt it almolutely necessary to take time to read
over, with the utmost me, the examinations of the petitioner. This
• th: tint time the Court had been called upon to act under the
new Act of Parliament, and a wont irrirorlart duty therefore de-
•ol•'e.t upon his Lordship. Formerly the Court bad not viver to
I na to the put conduct of a bankrupt, let it have been ever so
eagitious, provided a certain number of creditors had consented to
his having Ma mt•.iticate. The late Act, however, had changed the
law in that 'arm and yet his Lordship had no huitation In ex.
!:rearing his former opinion, that before the month of May nest
this Act would undergo a very material alteration. The only
vrinciplc the Court could ascribe to itnelf, as the principle upon
w!iich it would have to act, would be, to take cure that thi
▪ of a single Individual was not founded en rational motives,
:tilting out of something like misconduct on the part of the bank-
rupt. Abd he would avow at present, that he had not sufficient
:tttoemation•to enable him to discharge the great duty that wan ivy).
posed upon him ; but be would read the exantinatior.s, and digest
of dm can as soon as he possibly could.