The Sun.
London, England, 1822-07-03 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S Bt NCH,• JULY 2.
• Sittings after Trinity Term.
This morning the Lord Chief Justice sat at Nisi Prins, and
disposed of some Common-Jury Causes of no public interest.

COURT OF COMMON PLEAS, JULY 2.
Sittings before the Chief Justice and a Common Jury.

HARPER, ASIGNEE OF THOMAS FITZGERALD, A BANE-

RUPT., V. PASIVIORE.

This was an issue directed by the Vice Chancellor, to try
whether the Commission of Bankrupt issued against Thonias
Fitzgerald was a good- and valid Commission ? No dis-
pute arose concerning the trading, and. the act of bank-
ruptcy, but the defendant contended there was no legal pe-
titioning creditor's debt. It appeared, that the bankrupt was
the owner of a vessel called The Grace, which he had nomi-
nally chartered for St. Thomas's, on a trading voyage, the real
object being to carry out persons to join the Patriot Army.
.--The ship was lying off Portsmouth, the bankrupt and
commander being on shore, and James Fitzgerald, the
supercargo, being on board, when the crew, without the know-
ledge of either the Bankrupt or, the Captain, and against the
will of the Supercargo, carried; her off to Grenada. On her
arrivc,l there-the Supercargo, whose orders had been to do the
best for the vessel, borrowed money from Messrs. Harper,
Bruce, and Davis, of Grenada, for the purchase of stores and
provisions, and other necessary- expences of the vessel, and
then transferred to them by agreement the freight of the home-
ward bound cargo as a security for the repayment. As Messrs.
Harper and Co. at that time wished to consign a cargo of
ruins to the house of Campbell, Harper, and 'Bayley here,
they loaded them on board the Grace, which immediately after-
wards sailed for England. —When she arrived 'in London,
Messrs. Campbell, Harper, and Bayley (Mr. Harper being a
member of both the firms); applied for the delivery of the cargo,
and offered to pay the balance due to the bankrupt, after deduct-
ing the money advanced in Grenada.' This offer was refused, as
it appeared that while the vessel was on her homeward voyage,
the bankrupt had assigned his right of freight to Abrahams,
a Sheriff's' Officer, who refused to deliver up the cargo without
the payment of the full freight. Messrs. Campbell and Com-
pany were therefore obliged to pay thewhole of the freight due,
and this, they contended, formed a good petitioning creditor's
debt. The defendant attempted to chew that bills for the advance
had been drawn by James Fitzgerald, and accepted by his
brother here, and that the bankrupt had been arrested on their
being dishonoured, and was actually in prison when the Com-
mission was issued againk him.
Lord Chief Justice DALLAS summed lip the evidence to the
Jury, and left it to thein, to -say whether, under the circum-
stances, they thought James Fitzgerald had authority to con-
tract this debt, for if so, it woul.d bind the -bankrupt, and form
lgood petitioning creditor's debt.
The Jury immediately returned a verdict for the plaintiff,
affirming the Commission of Bankruptcy against T. Fitzgerald.
Serjeants PELL and TADDY, and Mr. TiIIiTOST, were for
the plaintiff; Messrs. Vat; Gri AN and II tn. Locx, and Mr. F.
POLLOCK, for defendants.