The Sun.
London, England, 1823-01-04 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JAN.
5
EBSWORTH AND OTHERS, ASSTONEES, v. PELLATT AND
ANOTHER.
was an action of trover brought by the assignee of
Means This . Tippetts and Gretbam, bankrupts, to recover 4691.111.
the 'alleged value of wool bought by the defendants of the bank.
ruptesda an act of bankruptcy.
:rhtt pct of bankruptcy prior to the transfer was clearly prov-
ed .1.. and eonsetruendy such transfer was admitted to be void.
The SOLICITOR-GENERAL then proposed to reduce the
dam ages, by proving that the wool was sold on the day of the
er to Messrs. Nicholsons, most respectable wool-factors in
Basinghall-street,, for 2321. 2s. lid., and could therefore have
been worth no more.
Proof was given of the sale of wool at the time for this sum,
but the evidence, of identity with that in question was pot con.
auk.

'The LORD CHIEF JUSTICE left the Jury to say, on this
evidence, whit they thought a fair price for the wool. • They
found a verdict for the platiniffs--;Darriages, 2521. 2s. ild.
WATERHOUSE AND OTHERS v. TEEN AND oTii.Ens•
This was an action against the trustees of- a tumpike.road
in the neighbourhood of Nottingham, to recover back monies
improperly demanded by them, and paid under compulsion,
The plaintiffs were the owners of a stage.to,ach called the
Birmingham. .Balloon, which passed , every day through a
turnpike called Ryton-gate, between six and seven in the
morning, and returned with another set of horses in .the eve'
ing. By the Local Act, 10 Geo; 111. continued by subse-
quent provisions, it was enacted; that no carriage; horses, or
beasts, which had. once paid the toll, should be subjeet,p
payment of toll for passing at any, subsequent period of thr
but in March,lBl9, the`trustees insisted on payment of
the return of the coach' in the evening, on the ground that
drawn by different horses it was not within the exception
statute, The coachman accordingly paid, for a week, the.,
sum of thtee shillings ; but afterwards, for the sake of ccitrit
ence, paid the weekly sum of one guinea, by directiop,Of
employers. The present action was now brought to ret.
171. Is. 6d., the money so paid, which it was alleged this
tees had no right to insist on.
The SOLICITOR-GENERAL, for the trustees, first,
that the action ought to have been brought in the county
the cause of action arose, because a clause in the act direct
that the trial of all actions for any thing done in, execution of
provisions, shouldbe thus restricted. Be also contetdect thcttt
under the same clause,,the defendants were entitled to pc
of action.

The LORD CHIEF JUSTICE thought this; clause only
plied to torts, and not to actions founded on contract.
The (:)I.lcrron-GEstnn,tie then submitted that
no sufficient proof that the payment was compulsory;
ther evidence was adduced to show that the 'trustees •
when they received the money, that the demand would be
sisted, and the objection fell to the ground.
No opinion was given on the main point in dispute,
the construction of the act; but a verdict was taken for
plaintiff for 17/. 165., subject to the opinion of the Court
special case.
POLAND AND ANOTHER V. GLYN,DART. AND O
This was an action by the assignees. of Mr. Al:
bankrupt, to reawer 281. 14s. fit. paid by him to thi
darns, who are bankers in the city, in contemplation
ruptcy, and to the injury, of his other creditors. The
was made before the act of bankruptcy, on which the
eon was founded ; but it was alleged that at On:
the bankrupt was under apprehension of bankruptcy,
he was not so pressed for the money by the defend:-
render its payment legal. It appeased that the bankrupt.
in embarrassed circumstances, and had been advised that
could only extricate himself from his difficulties by a
'don, but he did not himself positively think that sucl
sure must be adopted. He had received a note
bankers, requesting to know what would be done in
but holding out no threat whatever. He said he pal
because he thought he ought, in honour, to givt the'
ference.

The LORD CHIEF JUSTICE explained to the Jury.
point of law any payment made by a bankrupt In the
east of trade, or under the pressure of a creditor, '
act of bankruptcy was valid ; but that if he voluntari,
contemplating bankruptcy, paid an individual cred
assignees might recover the money by action, for th
of the estate. Ile left the jury to say whether this
had been made in expectation of bankruptcy, and w'
had been induced by any threat of the defendants.
The Jury sound a verdict for .the plaintiti's—DaT
14s. 6d.

even in the
n the even
4 by bubo-
!, horses' or
ibject tetha'
I of the day;
tt of tolLon,
I that being
option of the
oh, the daily
of convehi-
xtion,of his .
t to 'reCOVer
ed the troi.
irst objected •
our.ty where.,
act directed,
!rution,of itaL'
tended. that,
ed to notiet:;
use only V' • I
:t.
At there was
ry ; but la-
-Ist co knew
would be r:.
ispute, as to
,ken fat the
Court 011
OTHERS.
Maisinea,
1 the dolt
ion of bank'
he payme.nt
the cunittits:
this pol%'l
cy, and o,l'l
tutanti as
inkrupt
Ned that
•
y conunis
such a 103"
te frotal!'i
in his
e.paid them
them a pie.
61
tarily. 4.
his paypl"~
.11tage6j
;S.
al plal~
w Cr
,ved that'.
Sussex
a. She
runs p
muse artr;
t
cor
et, at 0
.4 shop
and
lc chari'fs,
that the l;!
Inane