The Sun.
London, England, 1849-02-26 00:00:00

NAME OF RAILWAY.

Feb.

Aberdeen ..
Amiens and Boulogne ••••••• • " • • ' •
Belfast and Ballymena • • • • • • • • • • ''• •
Birkenhead, Lancashire, and Cheshire
Bolton, Blackburn, Clitheroe, and W. Y
Caledonian... .......... •• • • •• • • • • • •
Chester and Holyhead. • • • • • • • • • • • • "
Cockermouth and Workington.... • • • •
Dublin and Drogheda• • •• • • •••• • • • "
Dublin and Kingstown • ..... • • • •• • •
Dundee, Perth, and Aberdeen ....
East Anglian • • • • • •• " • • •"• • •
Edinburgh and Glasgow . •• • •• • • • • • •
Edinbnrgh and Northern • • • • • • • • • • • •
Eastern Counties and North Eastern..
East Lancashire • • • • • • •• • • •
Eastern Union ...... • • • • • • • • • • • •
Glasgow, Kilmarnock, and Ayr • • • • • •
Glasgow and Greenock.• • • • • •• • •• '•
Great Northern and E. L. • • • • • • • • • •
Great Southern and Western • • • • • • ••
Great Western, &c • • • • • ..... • • • • • • • •
Kendal and Windermere... ••• ••
Lancashire and Yorkshire.. • •• • - ••
Lancaster and Carlisle.... • • • • ..... -
Liverpool, Crosby, and Southport—
Londonderry and Enniskillen........
London and North Western, &c..— • .
London and Black wall ....... • ... •
London and Brighton . • • • • • • • • • • • • •
London and South Western .
Manchester, Sheffield, and Lincolnshire
Midland, Bristol, and Birmingham....
Midland Great Western (Irish) ......
Newcastle and Carlisle
North British .. • • • • • • • • • •
Paris and Rouen . ..................
Rouen and llavre ..................
Scottish Central
Shrewsbury and Chester ............
South Eastern and Branches •• • • • • ••
South Devon • • • • • • .. . ..............
Tat! Vale ..........................
Waterford and Limerick........... „
Whitehaven Junction• ~..........
York and Newcastle , „ ............
York and North Midland

!,534
366

257
4,227
1,100

3,132
1,605
13,361
1,948
1,200

2,355
$99

1,663
3,305
17,670

11,072
2,000

36,712

512
6,755
7,471
3,112
19,319
1,064
796

654
595
734
473
2,727
716
12,701

971
1,000
1,865
1,002

2,312
5,755
:2,551

1,741
16,109

8,614
1,230

103
34,184
632
5,534
6,355
2,029
17,764
952

879
1,374
6,505
1,429
1,755
647
282

1,728
7,208
2,789

456
6,306

636
!,822
635

10,984
6,306

167
9,745
5,934

LAW INTELLIGENCE.
COURT OF COMMON PLEAS, Feb. 24.
(Sitting s at Nisi Prins, at Guildhall, before the Lord
Chief Justice WILDE and a Special Jury.)
DROWN AND OTHERS, ASSIGNEES, V. NORRIS.
In this case Mr. Cockburn, Q.C., Mr. Sergeant Wil-
kins, and Mr. Willes were counsel for the plaintiffs; and
Mr. Sergeant Byles and Mr. Warren represented the de•
Pendant.

Mr. COCKBURN, in opening the case, said this was an
action brought by the plaintiffs, as assignees of Messrs.
leather sellers, in Leadenhall-street.
Tanner and Ward,
to recover 3001. paid to the defendant Norris, as money
paid by what the law called a fraudulent preference. In
November, 1847, the bankrupts found themselves in
serious difficulties, so much so that 10,0001. was required,
not as he (Mr. Cockburn) believed, to enable them to pay
all their liabilities, but to enable them to go on. The
bankrupts, by Mr: Tanner, one of the firm, made appli-
cation to Messrs. Streatfield and Co., for assistance, but
they told Tanner that in csmsequence of the severe
pressure, they could not discount their bills. Tauter
then said he must stop payment. Lawrence, the partner
in the house of Streatfield and Co., who had the inter-
view with Tanner, remonstrated with him for wishing
to stop payment, and said it was all nonsense, and that
he must go down to his father and brother in Devon
shire and get assistance from them. Tanner then went
down to Devonshire and got a conditional guarantee
signed by his father and brother for 6,000/., but it was
not to be used unless Messrs. Streatfield would advance
or guarantee an additional 4,000/., and promised to look
into the Messrs. Tanner and Ward's affairs and keep
them straight. On the morning of the 24th November it
was found Streatfield and Co. would not lend the other
4,0001.; and on the afternoon of the 24th Messrs. Tanner
and Ward stopped Payments and sent notice to one of
their bankers not to pay any more checks or
bills; and to the other ot their bankers (for they
had two) they sent the same notice. They
did stop payment, and never resumed it again. The fiat
did not issue until the 18th of February. On the 23
of November, the day before they sent the notice to their
bankers, he should be able to show that they paid 3001.
to Norris, and that was the amount sought to be reco-
vered. lie (Mr. Cockburn) apprehended the law was,
that if a party on the eve of, and in contemplation of
bankruptcy, paid any sum of money to the exclusion of
his other creditors, that amounted to a fraudulent pre-
ference, if it was paid of their own free will, and not in
consequence of the pressure of the creditor. In this case,
so far from pressure, he should be able to show that they
actually sent the money to Norris's banker's volunta-
rily. On the 24th they also sent a cheque to
one Kempton for 430/. The partners took 250/.
apiece themselves, and sent 500/. to their solicitors.
On the 24th of November, he (Mr. Cockburn) believed
about twelve o'clock, they sent those cheques to the
bankers, and got the cash by a clerk named William.
son, namely, one for 800/., one for 200/., one for 6001,
and one for 50/. It was out of the produce of one of
those cheques that they paid the present defendant,
and Kempton, themselves, and also their solicitors.
Mr. Thomas Lawrence proved, on the part of the
plaintiffs, that he is a member of the firm of Streatfield, li
Lawrence, and Co., leather factors. In November,
1847, he was acquainted with Messrs, Tanner and Ward,
the bankrupts. Mr. Tanner's brother and witness
married two sisters. Before Tanner and Ward stopped
payment Tanner called upon witness for the purpose of
asking to discount their bills. Witness told him:the
money market was such that he could not think
of parting with money to anybody, for he had got
enough to do to assist his own connexions. Tanner
then said, if he could not have the discount he must stop
payment. Witness ridiculed that notion, but Tanner
insisted on his ivabidty to go on without assistance.
Witness told him to go down to his (Tanner's) father
and brother in Devonshire, who were men of large
wealth, and he (witness) had no doubt they would assist
hien during the existing pressure. Ile then left witness,
who did not discount for him. Witness did not see him
again before he .topped payment.
Cross-examined by alr. Sergeant BYLES—Tanner's
father, who died recently, was a man of very large for-
tune; he died wor h 100.0001. He had been in the
leather trade, but he had re tired, and was upwards of 80
years of age. The old gentleman's credit was good in
the City to the extent of 20,0001, or any amount.
The Lo CHIEF JUSTICE summed up, and stated,
that if the payment were made . airly and hue& fide, and
in the 0 dinery course of business, or if it were made
under the ii fluence ot pressure, the jury should find tor
the defendant; but if it were made voluntarily, and in
the execution of a desire to give the defendant a pre-
ference, in contemplation of bankrup cy, they should find
for the plaintiffs.
The jury returned a verdict for the defendant.