The Sun.
London, England, 1814-01-26 00:00:00

LAW, INTtLLIGENCL.

COURT OF CHANCERY, JAN.4S, W 4.

tEEVORE HIS HONOUR THE VICE CHANCELLOR

TAYLOR V. THE COUNTESS 'OF ANTRTNT.
Tn this case a motion was argued several clays
;ago on the part of Mr.,Michael Angelo Taylor,
and Mrs. Taylor, the next of kin of Lady Te n-
est, an infant., daughter of the late Sir Harry
'Vane Tempest and of the Countess of Antrim, to
have Whitton, a solicitor of the highest re-
spectabilty, who had; beereappointed receiver to
the estates-of the infant, removed from that si-
inationon the ground that -he was the solicitor
for the mother, the Countess of Antrim; and that
it was a general and established rule of the Court
that no person who was solicitor for. arrli of the
parties interested, could be the. receiver of the es-
tate of an infant. ,

This, position was_ strenuously contested. On the
other side, -it was contended, that though such
was a general, and in many respe:.ts a proper,
rule, yet that it was by no means arule without
exception, and that it was cptional in the Court
to act on it or 'not, as might be best for the into
rest of the infant. In the case of the Tilney
Loaf-succession, for instance, the solicitor in the
suit ist ad , by appointment of theCoUrt,eluoy-
ed throughout the office of receiver of that large
property.
The VICE CHANCELLOR this day, was pleased
grant the prayer of the application for the re-..
'nova] of Mr. Whitton from the office of .receiver
of the estate in ciliation, desiring it at the.same
time to be distinctly, understood, that, in his opi-
itiott,- no- niipl could have acted more honourably
than Mr. Whitton had done, and. that an man
could be better fitted for any situation of trust
confidence than that gentleman was; but that the
decision of his Honour proceeded, solely and ex-
chisiVely on this ground, that it way an universal
rule of the Court, that no person, however other-
w_ise above all exception, should lac receiver of
the estate of an infant suitor in that Court, who
was also solicitor for any of the parties interested.

FENTON V..CRICKETT.

Mr. DoWDEswELL was beard this morning i►i
Conclusion of the arguments; for ,the plaintiff in
this case, in support of the application for conti-
nuing the Injunction prayed by the plaintiff, to
retain the action of ten thousand pounds, brought
against the plaintiff', as the former deputy and
ph-rtner of the lace ,Mr. Crickett, the Admiralty
Marshal, to xebom the defendant is .son, execu-
tor,- and residuary legatee, and in that capacity
claimed that sum as received by Mr. Fenton...
Mr. lIART, as leading Counsel for the defend-
ant, was Ileac(' at great length in combating all
the arguments of the plaintiff's Counsel ; .bdt in
the course of his argument, he admitted that the
case was complex, and the dealings multifarious,
insomuch, that any Master would find it difficult
to adjust the accounts on any reference that could
be di►•ected.by this Court.
Sir SAmtii.t. ROMILLY upon this, on behalf -of
-the plaintiff, without waiting for the arguments of
Mr. Bell, and the other Counsel-of the defendant,
or insisting on his own right of reply, i►t order
to expedite and facilitate the complicated .case,
offered to consent to an issue by mutual. consent,
to send the matters to a,Jury,•as the best tribunal
for many of the facts and .dealings so long con-
ducted through the nredium of the Government,
banks,
.agents; and clerks concerned This offer
was accepted, .with the approbation of the V►CE
CHANCELLOR, who, desired the Counsel on •both
sides to frame the terms of the issue. An issue
ivas directed.

COURT OF KING'S BENCH

SC;INEIDER AND CO. V. NORRIS AND CO,

•
TorriNG moved for a rule tot shew cause
why the verdict for the p,laintitis in this case
should not he set, aside, and a nonsuit entered.
It was an action for breach of contract in the
defendants not delivering to the plaintiffs a quan-
tity of cotton twist, which the defendants, who
are agents for various dealers in cotton, had
agreed to sell to the plaintiffs, and of which
they had delivered to them a bill of parcels, in which
the words " Messrs; Schneider and go. bought
of," ate written,_ and " Norris and Co." are
printed. This was the only writing which had
passed on the subject, and this was the contract
of the breach of which the plaintiff complained,
the only other evidence in the case being an
acknowledgment, by the defendants at it subse-
quent period, that they had agreed to sell to the
plaintiffs the twist in question, but that thepar-
ties for whom they acted as agents had refused to
ratify it. The case was tried before his LoilShip.
at the last Sittings in London, and the Jury found,
for the plaintiffs. The Learned Counsel now eon-.
tended, that. this verdict was. wrong. The only
case relied Upon on the trial was one to be found
in Bosanquet and PtilleCs-Reports, as to a eon-
tract for, the sale of some wine, where the name
of the defendant -was alsb printed in the bill of
parcels ;• but in that case there was a subsequent
recognition of the contract in writing, which, Mr.
.Topping submittel, completely distinguished. it.
front the present case, and rook it out of the ope-.
tation-of titeStatute of Frauds.
The Court, however, were clearly of opinion,
that the facrof the'defendants writing the name.
of the .plaintits upon a bill,of parcels on wiiich
their own names as sellers were previously print-
ed, was tantamounf to theist affixing their signa-
tures to the agreement or coutnict, uhd there-
fore that the verdict was right.--I'L' e refuse!.

THE KING V. SMITU.
Mr. BAILEY moved, that the Rule which had
been obtained by Mr. Abbott in this case for an
'information in the nature of Quo Warrant°, call-
ing on the defendant to spew by what authority'.
• he took npoo himself to act as one of the superior
' Burgesses of WOotton Bassett, should be enlarged
for a week. He did this on an affidavit, stating,
that on the 20th of this month a copy of the'
EA& had been sent to Wootton Bassett; and that
the agent' at Marlborough had receive.la letter,
dated the 22d, stating, that no copy of the Rule
had then arrived at Wootton Bassett, and the
roads between Wootton Bassett and Marlboro ngh
"Vele then completely, impassable. He thei.cflas