The Sun.
London, England, 1825-04-12 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, APRIL 11.
P.IUNTLEROY'S BANKRUPTCY.
The Soe.icreon-GetterßAL stated this Was a petition's' the
matter of Marsh and Co., which his Lordship had permitted t, -
come on to-day in order that the; important question it involves._
might be discussed, and the principle upon which it watt to
decided might be'fully considered, and the decision become ."
sure precedent to be followedin similar cases. It was. ;the Ps't;-
tion of Messrs. Stone and others, joint trustees"with the lat
Mr. Faentlero;e, of a sum of money which had been invested ra
the Bank of England, amounting to 16,0 m.; and che.petiti°
prayed that the petitioners might ha allowed to prove chemist:le°'
16,0001. under the commission issued against Marsh _and co'•
The Learned Solicitor-General proceeded to state the ewe, °,
whkd: this is the outline. The petitioners and Mr. FatiPtie.n.
were trustees of the property in question, and in the month- of
:May, 1619, ti power of attorney, purporting to- be thepheet: ,
all the trustees, was given to Mr. Stacey, of the firm of
and Co., authorising-,ltim to sell out 6,060/..,. A remand portion
of the money of which Mr. Fauntleroy, his partner, was a cc'..
trustee., The transaction weer-teenaged in the usual way, throuf"_
the medium of Mr. Spurling the broker, who transferred
property of the•bank, and paid the proceeds into the house at
Martin and Co., the bankers, in Lombard-street, who acted "whl-.'
and as the agents of the bank of Marsh and Co. in Borners-stso4:,
—Threug'nout the !hole of the transaction it was admittedtelli;
Mr. Stracey, wlio was the instrument, had no suspicion that t_'„e
power of attorney under which he was acting had been- forg7
by his partner, Mr. Fauntleroye The Learned Solicitor Litt.;
stated a proceeding exactly similar in all its ciretrinstances, wins
regard to the remaining 10,0001. part of the trust,money.
part of the transaction the person who attended at the BO
with the ;weer of attorney was Mr. Graham. He, in like men:
nets through the agency of Spurling, the broker, transferred the
10,0001., the whole of which was in like manner lodged in tat
hands cf Messrs. Martin and Co. Upon the bankruptcy °
Marsh and Co., and the 'discovery that the transfer bad been
made by means of forged powers of attorney, Stone and his "e,-,
trustees, the petitioners applied to be at liberty to prove the saw
of 16,0001. under the commission ; but .the Commissioners, re'
fused to admit the proof, upon the ground that the transfers °f
the stock not having been effected by legal instruments, tsatit
the contrary, by instruments which turned out to be forgetse-'
the stock remained for :the original proprietors, who copse'
quently had lost nothing, or who, if they had lost Leant
had their remedy against the Bank of England. The
Solicitor said he understood that the resistance of the petitiimeer.
claim to prove their debt under the commission Was founue
upon the cleetrine laid down by the Chief Justice of
mon Pleas, in a eese. or " Davis a. the Bank of England." 'l_7o
case he had not read, and therefore he, could not concelye•o7,„„
what principle it had been determined, that a Baretting•hc°'"e
who had received the. actual hard money belonging to:ou're
persons, were not to be called upon to make restitution, tueere
because they might have been themselves divested of "the Ft°,.
perty by their negligence or the criminality of one of thealte
ners. In the present case the firm of Marsh and Co: had /MI
.the touch and grasp of this physical substance—the 16,00"";„,
hard money ; they had had the corporeal touch and posses;,
of it ; and yet he was to be told that, by the effect of the degsl'a
of the Common Pleas, that touch or grasp was to be considelt
as aerial and fugitive, operating no liability .upbn the firft'
the hankers so possessing themselves of this money by tbefra.m;
and forgery of their partner, and was to confer on the Patt`,c'
who had been defrauded, no right to claim or recover their ps;
perty of the partnership 'by whom it had been possessed, or,
the event of their bankruptcy, to prove the.amount undeie
commission. ' The Learned Solicitor proceeded to state thae,
the facts contained in the petition were fully supported,
affidavits. e .
HEALD here interrupted, by stating that the case:
cot supported by any oflidaeits whatever - there 'were nothing
but the examinations .of certain persons taken before the Col'',
missioners, and he insisted that before this case could be
lowed to proceed those examinations ought to +be turned in'.
the shape of affidavits.
The.Lehue Ciemecientott„obserVed.e that if it should bA
fotind necessary to tart the examinations into the form ofe fl
davits, it might. be done hereafters but for the present thi.De'--
way would be to let the case proceed.
• ~4 The sULICITORZEgEItAL'arguedV that nOtw,t..e stal3do
the liability of the Ilenk of Englund tp trmke.good this itopct
still the petitioners had a right to prove the amount ,•,sd-•,
against the estate of Marsh and Po. •
Mr. Hoax>r follOWed on the same-side, observing, that
vesting this case of that sort of importance. which veos attac"ep
to the ;dime of an unfortunate individual, it ant but a silt!,
question of appeal •to 'his. Lordship from the judgment of 0,
UommiSsioners, who
.had refused to let them prove undere.aie,
bankrupts' estate. The Learned 14entleman re-etated the facts,
and supported by acielitioaal arguments those. which had
a:chin-Ceti tif the Solicitor-General, for the purpose of stiet7e
that this was a debt provable tinder Marsh's estate, hotlY, tee
standing the liability of the Bank -of Eneand
_to replan `oeie
money transferrefil by means of forged instiurnenta,
Serjeant BOSANTQUET eaid, that as representing recs-eloti
terosts(of tbatank-"of Erfgland, it was hh 'duty tcan tl4t:',W
the rights of the petitioners to prove their debts; he sOltrPer,,,
to admit that the proof was intended to be made tot the civt`,4o
ofthe,Bank of. Englund, who. bade inetiersaleee to . sepliteeere4
money, arid whd by nieans of such preofieught Net:Ana:ln
ineleneseity fote the loeties they had sustained -by, the transi
tioni of the late- MI. Fauntleroy. The Learned. 5047
applied himself to answering an objection whfclf: eee
stood, was ipteoded to be brought fortva4.. • The, obleT•'o.
Was, that as the claim on the part of the' petitioners. arose
of a erect-tit:al eptifeloreious„ trepeeetion, the
.Cport cquit.4,l4
' To spew the instability Of this Objection he srwer'tig
citeire number of cases;, eliewing'that the right of proPPros ~
not taken" away by the commission of a felony, but that, c',17610
contrary, the party rgblied might at any .time redaiill:tith's
rtd
possession of his stolen property or geods wherever, he .046
them; or might maintain an action Of trover agairst.th'e
unjustly maintainhig them. With reference to thiepOiPt.'"—the
eases were cited from Rolls Abr., 'Winer, Hall's Pleas eiteils
Crown, Souders, Noyes, .Sir. Wrn. Jonses,, and,yarieitts
RepOrterA, imaintaihing the PrinciPle at considerable lengo
with Wt skil and ability As a lawyer.
,A Oq
Mr. PHILLIZIe IORE and Mr. DICICERsTETH were heard
the carne side-• - • •• •
•05'
Mr. HEALD addressed the Court on behalf of the aisite
aeagi
The bt;sis of his argument was; that the partnerehip.of it
and. Co. never had the possession of the. money at
had never beery plated to the account of the partnership- Apr
ther it had been . exclusively appropriated to tliejlie-efe
tleroy hirnaelf, Was a question he could not determine,; uloas.
conceiyedit •to,be a'suffieleat answe:r to the•preseni wpPlict
thin Cr, e tel sums of 6,000/. and 10,000/. heed been dtel"..e;rg
of the banleingt-housa of Mertin and Co., withotit ever h't
been trans fe rre.tf in to the firm of Marsh and Co. eeLerit
Mr. Po naocic was beard on the same side, but as he 710 e
concieded ,his argqinept by the time it was near t,
his Lard4hip prevenfed,hiin from enteTing•upOp tbesitbs,-cm4
the eSarrilnations *taken ,under: the ,bepttruptcy, -stetip,geital
tvolil4: himself Pei-rase then,
„cearefuilye as he considered I„,°
nine 'and' itheiorfarti.quesiionS hinged Upon theepactwfe
pressione contained in them. Lordship then desitv'e
matter might be further -heard op Wednesday, ,a,;a
the meantime, tire eratiiiMttiOns should be put in ttiej‘ll.
of
• ,
COtiRT OF IKING'SI,3tCII;
:Adjourned -Sittings after Barer, Term. ~
&fere trio".
JUSTICE and. a Comnion Jury.)
This day, pursuant to ,e4,tourti.Pacht, the 4•?oltr4-4'eve.
Jul''. ten ' eesonred his Sitting. at Prims? and Cyiet!
causes, none of which po.4.qe"setl.tureipiiblie itrtere

•Op Saturday, the 9th inst., 131ri.1 ajaittin Lyon c 0 r
of, a dagghter. ; '
On tha7th ins; Cockaitny-house Fifeshire ttie,
Lieut.-(3o1one1 IVIO-whray, of a snn.

' • ' "•- • )06'
the 7th inst., at Tynemouth Church, Northumb;.ciort
by the Iteverend the Vicar, Paniel Stephens, Esq.,
to Jere,
4toprgqst ~flaughter of Wiliiam •Aletcaltz,
txietith' Ouse, ' " • "
Q4.tbq,lith iast., at the parish
,chu:ch of §t,' 0'
Mt. ',lames—glad," of •Norion-falg,ate,::to
daughter of ?15.,Fraticis Jolt, el:ol3.Broad-stica..,
On•Satuidiy;tlie 9th inst.,atistriktiiii t hili""ch;qlfir: „ng,F4
Calvert ,ciiatin, .sutge,on 2, of .isii.vorif•
daughter orlili.•Cliiirliii•HavVaid;'of 'Blittols:
On the 7th inst., 'at St. St6phefeti"Colethan, Mr. Jo,laiinatiter
wen,. of Giest Eastcheo, to, Alits Piiteth, • Oirci;Tera°P.
of 'the rate Mexander.Dit
.Croisq.; bf. idok-streOs

,1)T 1:1) ' ow ,isi
i
On Friday morning, the Bth -inst., Eit'lrilton•lougelote,°
Tauntort,;Ann, wife of Alexander Thomas Cox, I:sq"
putney, Surrey. ooth.4'
,On the ,94A Inst., , at Snaresbrook,. ~,t
Essex, aged V 2 `—
George Sn4,4rlo.footi, only eitild,of :John Uspper, Es(- „0
On the Oth inst., at, Hoxton, Mn.s Robertson, aged /he 14l'a
yeaYiesotter4446l:B4elltileurliouKseerninbi'cGain.
wihderowweloii.grtheeveia,
late
pi‘viir
Kern hie, ON. - ' Of',
Oa 61.wday, the 10th inst., in the „War year of his 6gcseSl'
Moines GoilissOn, of the boiough of Southwark; hop and
factor.". - .
.stlefli
On Sunday, the 19th hist, Miss Sarah D.uby, Percy ,
nedf9ixt-struare, agsd 70.
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Aial)l4ll,e4 for PAPPR LE T °.2 AO'
,71'
0 FICE, 112; Strand, by J. B.