The British Press; or, Morning Literary Advertiser.
London, England, 1818-03-17 00:00:00

1:411, INTELLIGINCR.
'COURT Or CHANCERY. Lowoota's
illinose. %Imes le.
GlsScfore Ififtesor the Vice-Cuescet.Los.
INJUNCTION.
linaleemr v. INDALL, TUCXI:II. 01141 °Tinto.
Sir Pitman. oItILLY, Counsel (or the Maio-
tiff, stated, that he had to shrew castor why the in-
jusirtidu Whirls had been granted in this case
should tint •be din-solved. It eppeared that the
Plaiutiff rod the defendista. Tindall, had been tee-
tiusale Meat. 'and Money transits:inns* had bikes
place between them. A person of the uunte of
Prtidice and the PPleintiff had also 'stoney trans-
actionti--and 'the 'defendant, Tindall, told the
Plshitiff, that fie would ittarantee bite mmiust May
bills he might accept fur Prentice. Vogler this
assurance. the PI if accepted hills to a couri.
deeible amount for Prentice, he relying on the
Prainise of NI defendant, Tended!. In the mouth
of May last. the defendant, Tindall. called on
the Plaintiff, and told hum that Prentice was
indebted tb hiM in the sum of 811. and that
he would take the bill for the amount,
payable is five mouths ; and at the same tisne
pledged himself that he would not call on the
Platutiff fur the payment until a similar bill, accept-
ed by Prentice became due, 'RIO the amongst Ilia.
cherged. Thttbill accepted by Prentice, when it
became doe, Was dielesinoored, after which the de.
fessdent. TondalWendexied the bill accepted by the
Plaintiff to thedefesidant, Tucker, who is a Soli-
citor, and who'brought an action in a Court of Law
fur the recovery, the ilefesedaset. 'Fleeted!, not daring
to institute the 'proceedings in his oink 1111111 e, as the
Plaintiff had rekeived 00 rousideration for the bill.
lint he (the teamed Counsel) contended that the
defriedant. Tucker, was only the *gent of Tindall in
the trausactiou, as lie had out girees hint any coini.
deration. It was on these grounds that the Court
granted the injunction. The defendant, Tucker,
had put in two answers to the PI • iff's bill, quite
different front each other. In his first, Ise expressly
dinned that hr knew the Plaintiff was not indebted to
Tindall, for which I`oll.loll hr had takes the bill from
hint. arid bad given • check to huts on his hanker
for the amount. The Plaintiff hall excepted to this.
answer, which exception was allowed. sod the de-
fendant, Tucker. huh put in a remold answer, which
was a most extraordinary one, for it denied that he
" had any restless to biller. that the defendant, 'fin-
dull, bed put the bill lute him hand* for the purpose
of proceeding against the Plaintiff ; on the con.
trary. Ise sets forth that on the 15th of October
(wluch he. the Learned Counsel. would beg of leis
Honour to beer its his recollection was the day before
the Plaintiff's bill became due), he was applied to
by the defendant, Tindall, who iuforused hint he
was in great want of cash. and requested of him to
advance him some cash on the Plaintiff's accept-
ance. which he did by giving hien a check for 311.
sad not for 811. as he lied sworn in his former an-
swer; and that he had also given hint two bills—
one for 30/. payable on the 20th of October, and
the other for tit/. motile in three days after; but
the latter bill bring dishonoured, he gave the de.
frudaut, his check for the mimosa. That
he, the defendant Tucker, had proceeded to trial
iu his action against the Plaintiff, and had got •
verdict, but he was prevented from entering up
judgment by the injunction. The Learned Counsel
observed, that the *lode transaction, oil the part
of the Defendant, was of a ringular 111111 ssysteri-
mos sootier, and that the second answer completely
coutratlicted the first. He would ark, why the
defendant, Tucker, did nut at first disclose the facts
of the case—that it was mil) discounted a few hours
before it b;came doe. Under diuse circentwtances,
lee hail no doubt but his Honour would continue
the .
His Honour the VICE-CHANCELLOR —" You
obsessed. Sir Samuel, that the bill was put into
Tucker's hands for the purpnre of Isis bringing an
actinse uguisist the Plaintiff; what dots lie say to
this

Mr. ['ART, Counsel for the Defendant—" lit
denies moat positively having obtained a phitit by
the bill, or that hr has oily nide 00000 ity, Hod that he
has proceeded against the Plunstitf as the bunrifiele
holder of the hill."

Sir S. RomtLLY•-•" That is the question ot issue
between us. I contend dist tlw deliudeut. Tucker,
is the mere trustee of 'Foothill."

,h 1 r. 11. I 1.1.1 A Illb NI lowed on the acme aide.

His Hunuur the Vicv.-Cmalltal.l.oll-.-" The
question litre is, whether the U •feudeut's answer
admits oily equity. I cannot find that it does, and
it must do so to entitle the Plaintiff to relief. 1
am therefore bound to dissolve the injunction."

We are assured that the noted Oliver was actively
employed at the late rleetion for St. Alban's, and
that he is now busy iu Norfolk iu support of the
interests of the Court.—( Ere:sing Paper.)

The business of the Criminal Court at the Assizes
for Lincolnshire ended ou Wednesday evening. Six
are expected to suffer, viz. Erison and Norris, fur
setting fire to a machine and stack at Aluwi: k ;
Randall aud Tubbs, for highway robbery at Hol-
beach ; and Hanker and Robinson, for burglary at
South Kelsey.—The rest are reprieved.
By a decision of the Court of Session, on Tues-
day last, the late Election of Magistrates for the
city of Aberdeen has been totally set aside, and
the Borough consequently disfranchised. A Pro.
visional Management has been established until a
new Charter can be obtained; fir which a Peti-
tion to his Royal Highness the Panics thwart?
in Council will be forthwith addressed by the
Citizens, praying for a Charter, probably no the
terms in the one granted to the town of Mon.
grow. This is oue of the beneficial results of the
inhabitants of a town looking into the conduct of a
self-elected Junto. The cases of the City of Edin-
burgh end Borough of Inverness, came on the
same day before the Court, but were not Slimily
decided ; but from wind occurred from die figuch
on theoccasian, it is believed that they will also he
disfranchised. This matter has made a great sensa-
tion in. Edinburgh, cud which has been increased
by the unqualified manner in which the Loltl)
A OVOCAIIi talks of Isis own resolution to act as he
thinks tit 011 every case, aid that he is not to be
influenced by the precedent of Montrose, or by any
generul principle whatever.