The Sun.
London, England, 1813-02-22 00:00:00

LAW IMPORT

COURT OF CIIANCERY, FEB. 20.

EXtrARTE VINE IN 'TILE NATTER OF

This was a motion ott behalf of Vine, tt
prisoner; praying to he liberated, oh the ground
that he was illegally,arrested and detained in cus-
tody against priviletre, under, the following cir-
cumstances, viz: prisotitr being a cr;!diror of
Mr. ”ryant the bankrtipt, an attorney at law, at,
tended to prove his debt before the Commis''.ion-
ers,.pnrsuant to an order of the Lord thancellori
issned last term for the examination cf Mr. Bryant,
and his creditors respecting his title deeds, or
some of them, which:were destroyed.. Mr. Vine
was desired to xvithdraw front the examination
then passing on ponds not, infecting his
but upon which he wished to give evidence, On
retiring to another apartment, Mr. Vine was
rested for debt, and.-was 110 t of 'CtillesC C:611141ell
by the CommissiOners.'►
One of the Commissioners,: Mr. Cot.t.tx, rose;
and contended that. the Counnissioners, had ou
postponed the examination of Mr. Vine, till the
matter immediately before them, nuconneeted with
Ilk claim, was disposed of; but On finding hiin
arrested under„ pectiliar circumstances they had
not examined hint at all. The opinion of the
Court on these new points was :wished for.by the
Commissioners for-their direction on this-and fit-
tore siMilar occasions.
'rite LORD Cis, NcEt.t.cia stared, that his, mind
was-made up on the question of Privilege' even
balder the present cirewnst4nees ; for if any 111/111
attended, knowing that a ease 'was depen'tling in
ti inch his testimony material, whether he
Allt'tLa.Sltillllioll3,ol'.llot to attend the examinations
'Or the•trial, he should be,proteeted fkOnt persolial
arrest while hr such, at. tend.ince.

COURT OF Kr.‘4;'S Fr0.,20.
' JOHNSON V. pitoWtkv.
This action Ivas•broug'lt on a promissory note
of the Brighton Bank, of which the defendants
were the proprietors, The facts of the were
by the Counsel on each side agreed-to he the fol-
lowing :—A qua:ttity of notes were. sent to the
defendants front Loudon, that they might re-isstie
them if they &caved. Thtt coach w s rohhea, nod
the notel in iptotion, among others, tal. en one,
and ctone into the pos,iessiion of the plaintiff, a
shopkeeper for a bone Jido and valuable eonsi.:
devation in the *ay of his lul-ineSs, as he had
no notice that the note was•stolen or unfairly oh-
tinned: It with also, agreed that the defendants
bad by hand-bills and tat vertisenients in the news-
papers given all the notice in their poWee. •
On this statement of facts, Lord ELLENBO-
ROW: Ix declared he wwild direct the Jury to find
for the plaintilf;• and the Sintcrrort-GeNr.Ae,
at the request Of tendered a bill o
exceptions. The Jury found for the plaintiff--
damages LIM
tAI,II,,:iNo AND AtroTiir,ll,'ASslONEr.S. OF NtAIITIN-
DALE,, 25, PascE.
The sot.iceroa-lisligtt,Libtated, that this was
an issue directed by the Master of the. Rolls, in
order to ascertain, whethc.r.,the eonsideration'of
two proaduary notes draWn on Lady Almeria
Carpenter by the plaintiln, and dated the 3d at
Jnly, I
7
99,
coiasisteut
of Money woa nt play, OT,
lent at the time and place of play, or what part of
the consideration was so tainted. fle was sorry
to sly, that. this Lady had occasionally visited
the house of Mr. Martindale, who kept a sub-
scription-house, And had I;trge gmnbiil%Arantme-
tiotis with .that Gentleman ; but, besides- monies
lent at the time and place of play, which Were not
recoverable at law, that Gentlentan had. lent to
Ludy Almeria, at different tittles, in small Stuns,
for her ordinary occasions, a.snin mach more than
sufficient to cover the preSint demand. of 1000/.
—notes put in and proved.
Mr. Torritsri said, the present defendants were
merely nom inta ; that the creditors of Lady Al-
inerin CorPenter had filed: a bill itt the Court of
Chancery, in order to have. an accottut of her
etlects ; and to this bill . the present dekntlants
were Made parties, the Hon. i\ir. Price 'being
executrix of Lady Almeria. The present„plaintiffs
claimed to be Inimitted as creditors for the two
promissory notes, which the other creditors re
sisted, having learned that:they trose in gambling
transactions. The Master, on reference to hint,
them ; and on his report 'being objected
to, his Honour the Master of the Rolls directed
this issue, si.nd, by hisAirection, the onus of prov-
ing the illegirlity of the consideration rested on
the defendants. It would appear that those notes
were given to the plaintiffs, after the bankruptcy
of Mortindale; whose subsaription-honse, it was
shocking to say, was frequented by sonic of the
most fadlional3le people, to whont Martindale
acted a, I)B4er in those gambling transactions.
t tvould. appear, from a book kept by Martindale,
and which would be given in evidenee, that the
debit to this Lady's account, was for one night,
11)90 guineas ; and the balance against her on these
gambling 'transactions was 1370 ‘guirieos. .:For
this and some °tiler demands, Martindale
'got from this Lady, a . bond for 30001. After
tail hankrnptry, the assignees' agreed to give up
the bond for '2OOOl. on condition of 'receiving.
5001. in cash, and her two, notes for 500/. eaCh.-:,-
fly the Master of the'Rolls' orer, the defendants
were bound to impeach the cOusileration : this
pnthim under great difficulties,: and with the ut-
.
most deference, he should have thought it. a fairer
distribution 0) WA/ e made them sllela the conii
dim itiami : however, be WOLIN Calll\fr.'Mm'tindaie;
and on ins testimony the CanSe 11111 qt lutist.
Martindale .swietrn.---rlhe plaintiffs are. my AS•
Sigll',TS. I have had g",nobliins' transactions with
Lady Almeria G.tYpenter 'atuollg&t OtlitrS. [The
rro a GEN Eau, here said, that he would not
object to Mr. Topping leltding thewitneSs, in or-.
do:• tivat more tsamea inight not he nitwit to the
piddle than were-necessary.) This k
of illy- gaming. trattsactioni with Lady-Ahncria
Carpenter : I tool a security trOtil her Of )i)01.
I suppose the 1370 guineas were: inelaided.: 1 i;./1
alining' other tratein et-ions with Iti..;• taC.tililL v,;%11:
transactions, as I had with I,.dt of the- f'&;!:fo:1:
wOrld. I paiii her, at her own nony