The Sun.
London, England, 1837-01-24 00:00:00

LAW INTELLIGENCE.

ROLLS COURT, JAN. 23.
THE BANK OF ENGLAND V. THE LONDON AND
WESTMINSTEIL BANK.

The argurnent • in this case was to-day resumed by Mr.
PEMBLItToN, who followed the Attorney-General on be-
half of the defendants. The Learned Counsel, in emu-
mencinfv, stated that the question was not so much whether
his Lordship would overrule or confirm the judgment of
the Common Pleas, as whether the plaintiffs had made out
a case which would justify the issuing of the injunction.
is the present case it was very important to recollect that
the Bank of England did not allege that it had been put to
the slightest inconvenience, or that the currency of the
country had sustained any injury. He would submit that
though the Court shoUld be of opinion that the decision of
the Common Pleas was right, yet there were sufficient
grounds to prevent the issuing of the injunction without a
further and more comprehensive case being submitted to a
Court of Law. The case was ,ne of vast importance to
the commercial world—in fact, every banker in London and
its neighbourhood was interested in its result, Every con-
cern consisting of more than six partners were interested ;
and if his Lordship was not thoroughly satisfied on the
point, always bearing in mind that no injury nor wrong had
been alleged or sustained by the Bank of England, he sub-
mitted that this or any other injunction ought not to be
granted. _ _

Sir WILLIAM FOLLETT followed on the same side. He
had lately had occasion to look through all the Acts re-
lating to the Bank of England, and the result of his exa-
mination was totally different from that to which the
Learned Judges of the Common Pleas had arrived. The
most profitable part of a London banker's business was its
agencies of country bankers, and how, he would submit,
could it carry on such business without accepting bills ? A
foreign trader, relying on the law merchant, might take a
bill of exchange, drawn upon a banker in London, and
when he sent it to his London correspondent he would be
told that it must be protested, because the municipal law of
the country would not permit it to be accepted. The
principal point which his Learned Friend, Mr. Maulc, had
urged before the Court of Common Pleas was, that the
statute of Queen Anne restricted any partnership consisting
of more than six, no matter for what purpose formed—
every corporation—from accepting or endorsing bills of ex-
change. The Learned Gentleman then entered at great
length into the different provisions of the statutes bearing
upon the case, and iu concluding stated that the effect of
issuing the injunction would be to prevent the London and
Westminster Bank from acting as a bank of deposit.
Mr. KINDERSLEY appeared on behalf of Mr. Murchett,
the drawer of the bill ; but upon
Sir F. Pou.oeic informing him that he prayed nothing
against that Gentleman, the motion as against him was dis-
missed, with costs.

His Lordship would proceed with the reply of Sir F.
POLLOCK to-morrow.

COURT OF KING'S BENCH, JAN. 23.
MONCRIEF V. SMITH.

Mr. Sergeant ANDREWS moved fora rule to show cause
why the verdict given in this case should not be set aside,
and a new trial granted. This was an action brought by
the plaintiff, the well-known dramatic writer, against the
defendant, a printer, to recover damages for a loss he had
sustained by the defendant not performing his agreement to
print a drama called " The Cataract of the Ganges." The
declaration stated that the plaintiff was obliged to pay a
bill of exchange given for -the work, which had not been
delivered in time. The Jury found a verdict for the plain-
tiff. The Learned Counsel now contended that the de-
claration was not supported by the evidence.
The COURT said that on the question of the verdict be-
ing against the evidence, there must be an application to
Mr. Justice Pattison. As to the objection to the declara-
tion, the contract stated that the defendant should de-
liver the same to the plaintiff in reasonable time, and as the
plaintiff should need the same, and to perform the agree-
ment in all things. The Court felt inclined to think the
allegation sufficient.