The Sun.
London, England, 1854-01-28 00:00:00

COURT OF COMMON PLEAS.

(Sittings in Banco.—Before Chief Justice Jervis, Mr.
Justice Maule, Mr. Justice Cresswell, and Mr.
Justice Williams.)
OWEN V. ROI7TH.-DEPOSIT OP SHARES.

The plaintiff in this case some time ago deposited
with the defendant 50 shares in a mining company, and
the defendant placed in his hands 5001. as security for
the shares. The value of the property increased,
and it was arranged that the plaintiff should bny 40
shares in the company with the 5001., but the remaining
10 shares were still kept by the defendant. Under these
circumstances the present action was brought to recover
the value of the 10 shares ; and the defendant, in answer,
pleaded that he had been discharged by the Insolvent
Court. The parties went down to trial, and it was then
agreed that the facts should be put into a special case
for the opinion of the court. The matter accordingly
came on to-day for argument, and two questions were
raised for their lordships' opinion ; first, whether the
discharge by the Insolvent Court had freed the defen-
dant from the cause of action stated in the declaration,
and if not, at what time the value of the shares was to
be taken for the purpose of estimating the damages.
Mr. Serjeant Byles and Mr. Pollock appeared for the
plaintiff, and Mr. Lush for the defendant.
Mr. Lush, in the course of the case, admitted that the
value of the shares must be estimated at the time of the

The Chief Justice, upon the other point, was of opi-
nion that the judgment of the court must be for the
plaintiff.
Judgment for the plaintiff.
BUSINESS OF THE COURT.

The Chief Justice said that the judges of this court
would sit to-morrow in the Court of Criminal Appeal,
and therefore no business of the ordinary kind would be
done.

COURT OF EXCHEQUER.
(Sittings in Banco.)
The court was occupied the greater part of the day in
hearing arguments upon a demurrer, after which the
new trial paper was proceeded with, but no point of any
public interest arose.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holyrod.)
IN RE CHARLES GEAL.

This was a certificate meeting. The bankrupt was a
grocer, &c., of Kensall-town. The accounts prepared
by Mr. Hutton show, the debts to be 1,298/. ; assets in
good debts, 681. ; property, 471.
Mr. Robinson supported the bankrupt. Mr. Ambrose
for the assignees, offered no opposition.
His Honour awarded a second class certificate.
(Before Mr. Commissioner Fano.)
IN RE HENRY SOLOMONS.
The case of this bankrupt, a furniture dealer of
Holborn, which has been frequently before the court,
and noticed in our journal, to-day came before it (the
court) upon the consideration of certificate, the assig-
nees, as upon the former occasions, being represented
by Mr. Bagley, Mr. Lewis, of Ely-place, supporting
the bankrupt.

After a brief examination of the bankrupt explana-
tory of certain items in the balance-sheet, also as to
whether he had received or seen any letters from his
brother-in-law, one Myers (to whom he had consigned a
large quantity of goods for sale in Australia on commis-
sion), other than those received by the official assignee,
and having replied that he had not ; and admitted the
pledging some jewellery for 301., to enable him to pay
his rent, and Mr. Bagley and Mr. Lewis had respective-
ly addressed the court—

- His Honour said he did not think there was the
slightest ground for the imputation of fraud ; and the
substantial charge, it appeared to him, the bankrupt had
to answer was, the having engaged in an inordinate spe-
culation, the loss upon which, if any should have arisen,
would have fallen on the creditors.

Mr. Lewis said there was a great rage for speculation
at the time the bankrupt engaged in the consignment of
goods, but he had a very large capital when he did so,
and he had kept a regular consignment book.
His Honour slid the speculation the bankrupt had
entered into was one which, if there had been a loss,
would have fallen on the creditors ; but under all the
circumstances of the case, seeing that the assignees had
received upwards of 2,0001., that the bankrupt had been
in business maintaining a respectable position for 25
years, and believing him to be a respectable man, who
had been led into the speculation by a general delusion,
he might now have a certificate of the second class.
Second class certificate accordingly.