The Sun.
London, England, 1864-12-08 00:00:00

rim SUIN, LONDON, THURSDAY EVENING, DECEIVIBEit 8, 1864.

LAW INTELLIGENCE—This Day.

COURT OF QUEEN'S BENCH.
(Before Mr Justice Shee and a Common Jury.)
KINGSBY "V, HART.

This was an action brought by the plaintiff to recover a
certain sum of money which he had placed in a loan society,
and of which the defendant had been treasurer. The
plaintiff placed the money in the society upon the belief
that it was secure, and that he was to receive 7 per cent. The
society, through the default of one of its cfficers, became
involved in difficulties, and when the plaintiff applied for a
return of his proit to the treasurer he denied his liability,
as the plaintiff, it was contended, had entered the society as
a shareholder, and therefore he (Hart) was not liable to
repay the money Kingaby had deposited.
The case was proceeding Nrhen we went to press.

COURT OF PROBATE.
(Before the Judge Ordinary and a Special Jury.)
FOSTER V. SCOTT AND PRINCE.

This was a suit instituted by Mr Foster, as the surviving
executor of Mrs Ann Hullick, who formerly resi;-' ed at
Weddlesford, near Cambridge, for the purpose of establish-
ing the validity of the will and codicil which she had exe-
cuted, The defendants were Mr Scott, a surgeon, and Mr
Prince, connected with a brewery at Cambridge, who had
married the nieces of the testatrix, and who pleaded that
she was of unsound mind and under undue influence when
she made the will in question.
It appeared that the deceased lady was the daughter of
Mr Hullick, a member of a banking firm at Cambridge, and
that she was a person of eccentric habits, but perfectly corn.
petent to transact business. The will was executed in 1858
and the codicil in April, 1862, and at the time of her
decease the testatrix had reached the age of 82. She had,
previous to her death, had a lady living with her named
Lawton, who was very attentive, and to whom she was
very much attached. The deceased made several wills, in
all of which she provided for Mrs Lawton. She gave each
of her nieces £l,OOO, and made one of her nephews the
heir to the residue. Several entries were read to show that
the testatrix was in a sound state of mind, and that she
was so believed to be. The medical gentleman who at-
tended the lady up to her decease said he considered her
to be perfectly com petent to execute a will provided it
was simply drawn.
The examination of wi'nesses was proceeding when we
went to press.

COURT OF BANKRUPTCY.
IN RE MiTTILEWS.

This bankrupt was a 00..1 3.4w/theta iu the nampetead-
roadond to day was appointed for a meeting for discharge.
The debts are stated at about £3,000; no assets.
Mr Bagley opposed on behalf of several creditors, on the
ground that the bankrupt had incurred debt without having
had any reasonable prospect of being able to pay, having
given in bills of sale over the whole of his property, that he
had also dealt largely in accommodation bills, and that he
had made bad debts to the extent of £533, principally to
persons whom the bankrupt alleged to have absconded. He
(Mr Bagley) urged that the bankrupt had been trading with
the greatest recklessness, if not with fraud, and was a case
which imperatively called• upon the court to suspend the
order of d Echarge for a lengthened period.
Mr Catlin, for the bankrupt, denied that there had been
any recklessness on the part of the bankrupt, as the bills
of sale had been given for hard cash, and the principal part,
£630, had been paid to one of tho opposing creditors, and
the so-called bills were securities to insurance companies for
others, all of which had been or would be paid—besides
which, the bankrupt had been kept in prison fur nine months
on the allege tion that he was about to quit the country,
which in itself was a severe punishment.
His Honour said that the bankrupt had clearly traded
very improvidently—he commenced with little or no capital
and proceeded to borrow money to carry on business, and
had given a bill of sale, not allowing any time for payment,
but left his property to be pounced upon any moment to
the prejudice of the creditors. The bill of sale might have
been legitimate, but a wrong had been done to the cre-
ditors. The bankrupt had also Lorrowed money at an
enormous rate—he had borrowed £3OO, for which he gave
a bonus of £loo—this was at the end of 1E63. As to the
accommodation, if not so in the ordinary sense, was very
mischievous. Taking into consideration the bankrupt had
been in prison nine months the order would lie suspended
for twelve months from this date, with protection to be for
threeemonths to be renewed, unless cause shown to the
contrary.

MARKETS—This Day.

MARK-LANE.

IMPERIAL WEEKLY AVERAGES. Wheat, 38s 5d ;
barley, 28s 2d ; oats, 20s 3d ; rye, 26s 8d ; beans, 37s 10d ;
and peas, 35s sd.
THE SIX. WEEKS' AVERAGES. - Wheat, 38s 9d
barley, 29s 9d ; oats, 20s Od ; rye, 31s 8d ; beans, 37s 10d
peas, 35s 2d.
ENGLISH GRAIN SOLD LAST WEEK.—Wheat, 101,757 ;
barley, 117,789 ; oats, 10,569 ; rye, 136 ; beans, 3,593 ;
peas, 1,962 qrs,