The Sun.
London, England, 1808-12-24 00:00:00

COURT OF KING' DEe 23.

GORDON AND OTHERS V. TAYLOR AND OTHERS.
The ATTORNEY-GRNERAL stated this to be an
action for money had and received by the Defendants
for the Plaintiffs' use.• There Was a trade carried
'on between the Plaintiffs and MeSsrs. Dick, Orr,
And Clark,',in dollars, which dollars were procured
-by them from South Atiet'ica, and which trade was .
so.considerable, that the Commission of Dick, Orr,
and Clark, charged upon it in 'four months, .was no
less than 40,0001. which the Plaintiffs thought too
much, and suggested that 20,0001. would 'be suffi-
dent ; but Messrs. Dick, Orr, and Clark,,a(lhered to
their- original charge, upon which the Plaintiffs dis-
continued dealing with them, and it was determined
that they should send home all the dollars,then in.
their hat►'ds.,lti hich they said they would, by the first
Ship of War that, was not wider •the torce of 30
guns, and wrote to the Plaintiffs. a Letter to that
effec:t ; upon which they deducted all the
lr home: which ,th claimed, and then scut hOrnti the
remainder, being about: 04,000 dollars, to Messrs.
Tqlar and Co. their. Agents in tondon,, desiring-
them, to effcet insurance on this propeity in its pas-
sag;.i home, and charging the Plaiutiff4 with the.. ex
pence of 1.1)4 insurance ; and further direAing
Messrs. Tayl,or and Co: the Defendants, not to deli-

y'er up these dollars until the Plaintiffs had given
them a discharge, and also paid this premium,Ot in-
surance of 68811 which the Defendants communi-
cating to the Plamtitfs, they, in orderto get posses-
sion of these dollars, paid, under a pro►est against
the justice of this demand, and alledging that they
should -afterwards contest it. • .

• .
Lord ELLENBOROUGH was clearly of opinion,
that there was no pretence WI- resisting this demand
for m 4 oey had and received for the ilfaitnitis', use ;
the Defendants had their rem?dy over against;

Messrs. Dick, Orr, and Clark', and they against the
Underw-ritC-r, who had run no ,risk ; for the policy
was to, I:Y.:. paid as interest. tnigWapped e. r,. and ther
was no interest in . this property iu Dick, Orr, and
bliirk.:---Vernict tor the Piannitis!

• •
COURT OF CHANCERY, Li•Ncot.N's Dic. 23 ,
EX-PARTE DE A'DN L, Y.
This was a petition, on the -..art of the Ass:gn es
• of the estate of a Bankrupt of t e name of Betr
praying that the of the retilioning end for
might be disallowed on the foil eying grounds : this
,creditor had had in his possession a promissory wee
of.thebankrtipt's for non!. , inch had nut bee: tire-
sented for payment for more than six. years prio; to
the bankruptcy, nor any of the interest received_
within that time. The Commissinners had aHowed
-the petitioning creditor ;to prove this Oebt against the
Bankrupt's estate, but the Assig,nees now proved for
itsedisallowance,pleading the statute of limitations
as a n‘irTto its being received; by tett statute, no
'simple'coetratl debt being recoverable by an attion
at
,law, if six years, are permitted to expire be!ote
any demand be made, _or acknowledgment of the
debt received. • - • - - ,
This question was argued at considerable leiLnli
, on both and 1t was contended by Mr. Tot 4--.
ELAN auc, lift C,te petititioping creditor, that the Stn.-
foie of Limitations was framed by, the Legislature
for. the pe* r tion of indivi(ivals against demands
that were staleand ant iquined ; but if the debior .was
satisfied that the demand kt,;as just, he was, still
bound in hoeOur'and conscience to liquidate it, even..
though_ not recoverable by art anion at law.' Now
here .the justice of the debt had not been denied by
the Bankrupt, and the Assignees were not entitled
to set up the Statute of Limitations as a bar to it,
.when it did. not appear that the Bankrupt him,;( if
mea,st to resist it on that ground. the
Bankrupt Laws weie franyd prior to the S a.o.e of
LimitationF., and at a period when debts 'were re-
coverable at any distance of time. it was tile!) oh)"
necessary f r the Vlaintiff, in an action of debt, to
set up a claim, and. the Defendant was bound :o skew
othat the debt had been Paid, or \kas made liable to
.the payment ; but in the Statute-of Limitati ns there
was no mention made of debts against the : state of
a Bankrt.vt ;.thereforein was to be.presu -ed, that
this statute left the law with regard to Bankrupt's
debts; as it originally stood.: The great o )jet of
this statute was to protect persons against an. .quated
demands, which, from the loss of documeets and
vouchers, it might not be in their power to s ew that
they had paid.; thus throwing its protection around
the proper yof individuals. But the Coon»is,iioneri
of Bankrupt were appointed by law to proted the'
preperry of the Bankrupt for the behoot of his cre-
ditors ; and they had allowed of the present claim.
On these grounds he trusted that the present appeal
frofn the decision of the Commissioners would, not
meet,with his Lordship's satiation. -
Mr. HART and Mr. IVIADnocKs were beard on
tile same 'side.
.Sir S. Romtntv, for the Assignees of the Book—
rapt, contended, that these Assignees were placed
precisely io the situation of tile :Bankrupt ; if the
demand via,: not recoverable in law. against the Oat
ter, neither„was tt against the former. • It ap;Tared
to him that the true policy of the Statute
,of Limi-.
tations. had not, been rightly stated by the Gentle-
men on the other side. That statute had nOt been
„ fraW.ed to i):itect individuals against just demands;
but.it went upon this fair presumption, that claims
► which had not been made by one patty, nor ac-
knowledged by "the oilier, within a certain period,
wore to be taken as any foundation, and
that, in tact, they were no debts. 'at all; Be.,ides,
%sett:. it once to be understpo(t that the statute (111
not, bar clanns upon tbe est.itc o!' a Bankri,lpt not
made, withof the limited • period, it wasqUite evi-
dent that cooseqeences- of the most melancholy *t
fatal description- would ensue._ There vets herdlY
any man who- had • been • lene engaged in trade'
against whom a Commission of Bankrupt might not
be taken out on debts long since paid,' and et which
the vouchers had been 'destroyed, on the faith ;hat
the Statute of Limitations was 'a bar to all claims
after a certain period.. rtiaj'i. in this case, even a
person who had long. retired from trade might be'
made a B.tnkrupt to-morrow- on claims contracted
.20 years. ago, and
.t he Vouchers for the liquidation of
which bad been destroyed, or had perished." It such
were the consequences which might be expected to
ensue from such doctrine as that maintained on the
other side, certain he was that his Lordship would
pause before he gave his sanction to it. He should
therefore siale.nit that the Assignees were perfectly
right in resisting this claim.
The LORD CHANCELLOR said he would deliver his
decision on the question to-morrow.

. , .
el, ley hiR only rgri
home for his g.:( at co3f; lie was of vourse discharg-
d.--The *ay the rubbery was ceiiithiftVd;Terri it s
still a mystery.

MAqt..ll:;r9U,; charge rif robbery
and fraud tvas instetced at this °thee ,yestertlay, 1•1 Y
Nrr. i.ietkeley-scpti.re,. against house'
keyper. It appeared that sue snspicinns bad arisen •
unfavourable. to the prisoner, IA it,:se name •
and eons-c ine:lov she had rather a ,:ridden warning. •
giyen to wr.,• On Wednesdays evening,: a woman-
of, the name of Fit ztTcrald:called for a basl:et,
w hiclt
she Was conveying otit of the pri,oner--s- room, wheti
;he eircumstaiiec
Je.no- mad 1:;:3owp t her
tress. the footman was ordered,to.stop it.- In doing' •
SO, the, Prisoner snitched a• large parcel frorrr,the
basket, and, carried it. into her room, and the
contents were examined, when Several articies„ll2C:
property ot A. were cnn•ained therein. _Other.
charges we'e preferred ap_;:ar,s.t her.for
m; tit, in receiving sums money weekly, for the'
payment of tradesmsen's biils, which she had newer'
disehargod. The piisoner, in her., defence ,to this
char,,,e, said, that_she had -enfi»-tunately lost both
Money and bills, bet thciaght it would be imprudent
to:acquaint the family, as she wAs possessed 'of
means to satisfy the 't rade,s,felk at t het:in:la the yer-
The prisoner seemed so disregard'. tea wet-63:111005,-
until was delitered to the g'aoler, there
was a visible eliaft;e in liertnifn;iier ch:poi-twat-
She was resnande.! f:r another e%a mival