The Sun.
London, England, 1863-05-30 00:00:00

LAW INTELLIGENCE,--May 29.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE JOHN GEORGE SHIPLEY—" THE SPORTING LIFE."
This was an application by two of three assignees for the
removal of Mr. W. M'Murray, the third assignee of the
estate of the:bankrupt Shipley, who was former:y part pro-
prietor of the Sporting Life newspaper. The petitioning
assignees were Mr. Jonathan Carlow, of 6, Queen-street,
Grosvenor-square, coach plater, and Dr. Duncan, of Great
Marlborough.street. The petition states that under the
bankruptcy of Mr. Shipley, Messrs. M'Murray, Duncan,
and Barlow were chosen assignees. Prior to the bankruptcy
the bankrupt was the owner of certain valuable leasehold
premises situate at 148, Fleet-street, where ho carried on
the business of a publisher and newspaper proprietor. In
January, 1860, the bankrupt was owner and publisher of
the Sporting _Lift and Eclipse newspapers, and he continued
to publish the Sporting Life until the time of his bank-
ruptcy. On the 22d September, 1860, being only three
weeks prior to the bankrupt's petition, the bankrupt as-
signed one moiety of the premises in Fleet-street, and also
one moiety of the Sporting .Life and Eclipse, to Mr.
M'Murray, and by a deed dated October 4, 1860, Thomas
Wrigley, an alleged prior mortgagee, assigned to Mr.
M'Murray one moiety of the Sporting Life, the considera-
tion for the first mortgagee being a sum of £3,500, a debt
alleged to be due from the bankrupt to Mr. M'Murray.
The petition proceeds to state that on the 16th February,
1861, Mr. M' Murray agreed to sell to Mr. Hutton one moiety
of the Sporting Lzfe and premises for £1,500, and received
the same on account ; also that Mr. M'Murray had agreed to
take £B,OOO from Mr. Beeton for the newspapers and pro-
mises. Proceedings in Chancery had been instituted by Mr.
Beeton against Mr. M'Murray for specific performance of
his contract. The assignees then state that the facts above
detailed had only recently came to their knowledge, and
that they were ignorant of them when Mr. M'Murray was
appointed one of the assignees ; and they prayed therefore
for the removal of Mr. M'Murray from his office. The
petition having been opened by Mr. Re_d on behalf of the
petitioners, Mr. Commissioner Goulburn said, under the
circumstances, and without imputing anything to Mr.
M'Murray, would it not be well for him to withdraw lie
was in a position antagonistic to the other assignees.—Mr.
Linklater, for Mr. M'Murray, said, that if there were a
shadow of pretence for the application he would of course
withdraw; but the present motion was made two years
after Mr. M'Murray's appointment, and without the least
ground to support it. But he (Mr. Linklator), on Mr.
M'Murray's behalf, would willingly enter into an under-
taking that Mr. M'Murray should not in any way interpose
in reference to any proceeding which might be taken by
his co-assignees.—Mr. Commissioner Goulburn : Yes, but
how could I enforce such an undertaking?—Mr. Linklater
cited two old authorities for the purpose of showing that
the Court had received suchan undertaking from an assignee.
—Mr. Commissioner Goulburn inquired if the petitioners
would be satisfied with such an undertaking. I Mr. Reed
said certainly not. His clients wanted to get rid of Mr.
M'Murray, and they wished to do so in the manner pointed
out by the statute.—Mr. Linklater : That only shows the
animus by which the parties are actuated.—Mr. Reed dis-
claimed any feeling on the part of his clients, whose only
desire was to recover back the money which had been re-
ceived by Mr. M'Murray.—After some further discussion,
his Honour said that he would look through the authori-
ties and decide the preliminary point whether an effectual
stop could not be put to the present proceedings by accept-
ing the undertaking of Mr. M'Murray not to interfere with
his ce-assignees in the performance of what they considered
to be their duty. The further hearing was accordingly
adjourned.

COUNTRY MARKETS.

LIVERPOOL-MAY 29.

At this day's market there was a small attendance, with
a limited demand for wheat, and former rates were realised.
Oats were rather easier to purchase. Barley and peas dull.
Oatmeal was fully as dear, but the businoss was limited.
Egyptian beans e;d lower on the week. A firm business in
flour, but a poor choice of samples. Indian corn lees active,
but quotations were unchanged.