The British Press; or, Morning Literary Advertiser.
London, England, 1818-07-09 00:00:00

PRIVATE HEARING.

LADY InLIRCRI EMILY FARR TrierrsT, by her weit friend.
MICR/IFL ARGELO TAYLOR. Esq. M P. s. THC
OF ANTRUM, LORD FTEMART. ORDR, and OTHERS

The LORD CHANCELLOR. at ten o'clork this
morning, hall the Cnun.el in this case again call.d
into his private room, where they remained until
eleven o'clock. We understand that new doubts
have arisen in his Lordship's utnul rvlstire to
the proposed marriage between Lord Stewart and
the infant, Lady Frances. The greateo aecre•y is
preserved as to what is passing in Ma Lordship's
room, not ',emit is admitted except the Couti.el,
not even the short-hand writers employed by the
!emirs, which has increased the curiosity of those
who have so constantly attended the Court at an
early hour, iu hopes of heing gratified with his
Lordship's judgment. Rumour is not idle—some
say the tatty is firkle, others that it is his Lord•
ship's doiLis that cause the delay.

IN OPEN COURT.
tiEwsw4 V. NEWMAN.

The LORD CHANCELLOR give judgment in this
but it was of no interest except to the patties
conceriwd.

The Court Wag occupied the remainder of the
day lit hearing exceptions argued, not of the least
importance.

COURT OP KING'S BENCH, GUILDHALL,
WEDNESDAY, JULY S.
Sittings after Term, before Mr. Justice AnitoTT
and Special Juries.

TAPP v. CURTIS.
Mr. MARRTATT staled, that this was an issue
sent for trial from the Vice-Chancellor's Court. In
the year 1816, a contract was executed between
Meters. Crowther and Tapp, coach-makers, and
Mr. Crowell, • gentleman of fortune, by which the
former party engaged to build and hire a landau
and harness to the latter for five year., and to keep
it in replete, excepting accidents and violence, in
consideration of 11. e suns of ninety guineas, to be
paid in advance on the 27th May of each year of
the above. About the time that Crowther and Tipp
entered into partnership, January, 1815, the Plain-
tiff, Thomas Tapp, advanced to Charles Toms, one
of the partners, the sum of 405/. being his ninth
part of the property of his father, who had, a short
time before, died intestate. The advance was made
through the intervention of James Tapp, their
eldest brother. The hitter repeatedly !tressed
Charles to give some security to Thomas, the Plain-
tiff, for the sum advanced, and, oil the 14th Octo-
ber, 1816, he and Isis partner. Crowther, execoted
a deed of assignment to Mr. Ilixon, their solicitor,
for the benefit of Thomas Tapp, of the contract
between them and Mr. Crowell. They had at that
period. and for some time previous, been involved in
pecuniary difficulties, in consequence of disappoint-
mein in expected remittances from St. Domingo.
■nd a commission of bankruptcy issued against
them early in the following J111111.Ify• The Solici-
tor gave Mr. Criswell no notice of the assignment
till the 27th of December, and never gave any
notice of it to Thomas Tapp, for 'dime benefit it
was made. Mr. Crowell filed a bill iii equity. in
order to discover whether he was to pay the yearly
stun to which he was humid by his contract, to
Thomas Tapp, for whose use the deed of assign.
meta of the contract was made, or to the assignees
of the Bankrupts, and the case was sent by the
Vice-Chancellor to a Jury, to determine whether
the assignment was a voluntary, fair. and equitable
tranaactioii, that ought to stand, or entered into
at the instigation of others, or douse in expectation
of bankruptcy, with a fraudulent intention of pay-
ing one creditor 20s. iu the pound, at the expense
and to the injury of the rest.

Mr. Rixoti, Solicitor, exaeined by Mr. PuLLER.
Was employed to prepare the deed of assignment
by Mr. James Tapp. in the end of August. 1816;
the draft was made September 20th. the deed en-
grossed the it6th, and executed October 14th.
Cross-examined by Mr. 58,481.1r17.
Is solicitor to the commission of bankruptcy
against Messrs. Crowther and Tapp. Thr commis-
sion issued against them iii the beginning of 1817;
was apprised of the state of their affairs by the bank-
ruptcy of Crowther's father. in Oct. 1816. Went
to Mr. Haslop to receive money iii his hands of
Crowther the elder, towards Sept. 1816. Knew at
the time of an extent from the Crown against Has-
lop, for the property he held of Crowther's. Did
not learn till the end of December 1816 that the
solvency of Crowther and Tapp depended on their
getting the money from Haslop. lied the assign-
ment in his hands all the intermediate time, but
slid not give Mr. Crowell notice of it till the 27th
December. The docket was struck some days be-
fore the gth of January. %%lien he sent the notice,
it was the belief of his own mind that Crowther and
Tapp would be made bankrupts. Can assign no
reams why he delayed the notice till that belief
was produced. Never gave Thomas Tapp, the
Plaintiff', notice of the assignment made for his hes
netit. Made the charge on the business in his
books to the mortgagor. Thomas Tapp. Can't re-
collect who paid him. Believes Crowther and
Tapp had never till lately ally communication with
Thomas Tapp on the subject of the assignment.

Ecamined by Mr. MaaatATT.
Crowther and Tapp 1)84 in the course of four or
five months received four or five thousand pounds
from Mr. Haslop ; and lop the '2 1 t December he
had hopis they would receive the balance remain-
ing in his haoas. Mi,iv securities were offered to
indemnify Mr. flaslop from any loss by paying the
y—one of them. James Tapp, was willing to
bind himself to the amount of sixteen hundred
pounds.

James Tapp, examined by Mr. 111Altat Arr.
14 the elder brother of Thomas and Charles
Tapp ; their father died intestate, leaving
real properly, which he (witness) agreeably to
whet he knew to be his intentions, shared etphilly
with all his children; advanced Thomas's owe,
405/. to Chariest about the lot January, 1815;
spoke repeatedly to the latter On the necessity of
Airing scribe security to Thomas.. By *my of se•

curity the eisrriage rogreetnent wis proposed :Is i
equivalent to the stun lent. Witness urged 1111
brother Charles for it ; and m consuquenct of his
desire the contract was assigned.
Cross-extunined by Mr. Sc A MATT.
Knew of the contract about the jobecarri ige
Mr. Crowell !effete the bankruptcy of Cro,wc•re
rrovr,hm./..,t1 bills were freqle.it
scee'lb" him ; does not recollect whelp they
were first els-1 d; does not
.thick they were
iti May or Jame. Did not kitAur
their rinharrasionent doh .g the summer; advanced.
the mooev in the course of ; and disconntell
the otrengib of their etiehersemeist a 1/1111111%1101y n ato
of N't.couitt Montague, which he Ilse not 'mice 'welt
'mid. Did ant know that their going oit in Immse.s
depended on getting the money from H.i.11),
tlmught them solvent—was deceived—is a creditor,
and never has received any dividend, or made any
inquiry about it.
Ile-examined by Mr. MAIIRTATT.
In December authorised • propoodl of deettri'y
to the extent of 1,7007. to indemnify Mr. Moals.
should he hand over the property in hid hands.
Mr. SCARI.II r now tiehlresded the Jury On be..
half of the I)efenelan.. He contended that t!te
rewigoistriat of the contract was invalid, as it was 1111
aooigiiment by two !writes out of their joint terse-
perty to satisfy the debt of one of them. But iii
addition to this, its first dele..t, it would appear,
from the whiteouts he 31 Id produce, I hit when
the negotiation to obtaiis the cool' in Fla-lop'. !bolds
had failed, sod the parties Iwgaii to Apprehend a
bankruptcy was inevitable, the'', and not till then,
was the scheme of the assigninent resolved tipon ;
being intended to he in the solicitor's hands, and
never come into light or operation if the bm,k.
rtiptcy could be avoided, but to he kept iii red...eve,
and, in case of a bankruptcy, be produced awl
made effectual; and if that were so, it wouldmili-
cute a fraudulent intimtion to give one creditor a
preference to others on the eve of a bankruptcy ;
it would be a fraud against the Bankrupt Lawe, coil
vitiate the whole proceeding.
Mr. Crowell wire then called on the part of the
Defendant, taut did tot appriir.
Mr. flaidop, ex/he/aid by Mr. COW,N.
Had a CooSigotarot wade to 1 iu Ni.iy, 1816,
by Crowther, mgt. from St. Domingo ; advdticeil
different times. up to the /id Jolt, 1816, from the
proceeds to Mews. CroWther and Tapp, ;
had a Whetter remaining of J,500?. ; was prevented
from paying them more of it ; un the day he made
the last payment, an attachment was laid out the
property by Crowther and Tapp ; by HoooliiitO, at"
other creditor of Crowther, sett ; and after both,
an extent was issued for a debt to the Chew!' : paid
the whole balance under the exteut in aid to the
Sheriff.

Cross-examined by Mr. 51AaarArt..
There was a negociation by.the creditors to pro.
core 1,600/. or 1,700/. of the foods from the She-
riff, in which, at their solicitation, lie interfered.
There was ■ letter brought to hint by Crowther
and Tapp, from Crowther, fell., requesting him to
pay the proceeds of the consignment to the
Wm. Crowther (one of 4e Partners), examined by