The Sun.
London, England, 1847-07-10 00:00:00

HAT MARKETS

SmrrnFrimb.—Meadow Hay, 21 15s to 4/ 4s ; Clover ditto
31 15s to 51 5s ; and Straw, 1/ 12s to 1/ 16s per load. Trade
firm, at the late advance in the quotations.
CUMBERLAWD.—Meadow Hay, 31 to 4/ 6s ; Clover
ditto, 31 lOs to 51; and Straw, 1/ 14s to 11 18s per load.
A short supply, and a ready demand.
WHITECHAPEL.—Meadow Hay, 2/ 18s to 41 4s; Clover
ditto, 31 lOs to 51 8s; and straw, 1/ 12s to 11 16s per load.
Supply limited, and trade rather brisk.

CHANCERY.—(THIS DAY.)
The LORD CHANCELLOR sat in the Old Hall, Lincoln's
"on, and heard appeals to-day.

ROBINSON V. WALL.-JUDGMENT.

The LORD CHANCELLOR gave judgment to-day in this
case, which came before his Lordship upon appeal from
the decision of the Master of the Rolls. The bill was
filed for the specific performance of an agreement en-
tered into by the plaintiffs as the assignees of Sir Thomas
Champneys, an insolvent, for sale to the defendant,
Flight, of the interest in certain property to which the
insolvent was entitled in right of his wife, who had a
life interest in it. The assignees being desirous of selling
the interest of the insolvent, who was advanced in life,
Lord Mostyn, whose wife was interested in the pro-
perty, subject to the interests of Sir Thomas and Lady
Champneys, made a proposal to the assignees for the
purchase of their interest. lie was anxious, also, to
purchase the interest of Lady Champneys, and he offered
to pay 35,0001. for the interest of the assignees, and to
pay 4001. a year to Lady Champneys for her interest.
An arrangement was come to on this footing, which was
carried into effect by a deed, dated 13th August, 1838.
It recited that the assignees were of opinion that it
would be advantageous to the creditors to accept Lord
Mostyn's offer, but they had no power to sell except
by auction; that they were willing to put the pro-
perty up to sale by auction, and if Lord Mostyn should
attend and bid 35,0001., and there was no higher bidding,
he should become the purchaser at that sum; but if there
was a higher bidding at the sale, it should be accepted.
And Lord Mostyn contracted to purchase the interest of
the assignees, and to pay 35,0001. for the same, and to
pay an annuity of 400/. to Lady Champneys for her in-
terest. And it was provided that the contract should
be deemed one entire contract. And the assignees were
to procure the assent of the creditors to the arrangement,
and the sale was to be without reserve, except so far as
the bidding of 35,0001. by Lord Mostyn might be con-
sidered a reserved bidding. By this arrangement the
assignees secured a bidding of 35,0001. for their interest.
resolution They
thatre red
tt
hh
ee
raes
ss
ee
rnvt
eodf
ht
ihded
ichr
ge d
si thoor
us
dwhoe
3psa
,sosoed a
04;
and on the 10th of November, 1838, the sale by auction
took place. It was expressly stated in the particulars
of sale that this property was sold without reserve.
There was no reference to the contract with Lord
Mostyn. There were many biddings at the sale, and it
was said that a bidding was ultimately made, on behalf
of Lord Mostyn, of 49,8001., and that Wall, as agent of
Flight, then bid 50,0001., who became the purchaser at
that sum, and the usual contract was signed. Sir
Thomas Champneys died in November, 1839, and this
bill was filed in the following April. The bill was to
compel Mr. Flight to pertorm his contract. Perform-
ance was resisted on several grounds. The first was
that the estate was professed to be sold without reserve,
and that no notice was given of the agreement with Lord
Mostyn, securing a bidding of 35,0001. On the
case coming before the Master of the Rolls,
that Learned Judge was of opinion that whilst
the agreement remained in force, the sale ought
not to have been professed to be made without reserve.
A reserved bidding was a right to make a bidding to
prevent a sale for less than a certain sum. Lord Mostyn
had entered into an obligation to advance the price to
55,0001. It did not appear to him to make any differ-
ence whether the bidding was made by the vendors per-
sonally or their agent, or some other person, who, for a
consideration moving from him, had entered into a con-
• tract to do it. The auction appeared to him to have

commenced in error. It was from the beginning with
reserve, when it was expressed to be without reserve.
He thought, in the absence of notice of the agreement
with Lord Mostyn, the auction was improperly con.
ducted, and that the contract was one which ought not
to be specifically performed. The bill must be dismissed
with costs, except as to the costs occasioned by the
denial of Flight, in his answer, that Wall was his agent,
a fact which was admitted. From this judgment the
parties appealed to the Lord Chancellor. His Lordship
this morning, atter going at some length into the case,
stated his opinion clearly to be, that the Court below
had come to a right conclusion, and he should therefore
order that judgment to be affirmed with costs.
Appeal dismissed with costs.

BANKRUPTCY.-(THIS DAY.
(Before Mr. Commissioner GOULBURN.)
. IN RE SMITH.
•

This bankrupt, who had carried on business at Brent-
wood, came up for his last examination. He stated that
he had not been able to pay the accountant, and conse-
quently had not filed his balance sheet ; his inability
arose in consequence of the assignees having refused to
grant him any allowance, although the assets would
amount to nearly 1,000/.
His HONOUR—Is that a reality or: only assets in
figures ?
The Official Assignee said there were a great many
debts to get in, but he could not say what would be
recovered.

His HoNoun said that this was one of the cases where
the creditors took everything from the bankrupt, and
debarred him from doing what the law required. He
hoped that, in the new Act, the point would be taken
into consideration.

Mr. Commissioner FONBLANQUE said, in such cases,
he always directed the official assignee to make out
the accounts, and allowed him a reasonable sum for so
_ _

His HONOUR thought this an advisable course in the
present case, and adjourned the case for one month, with
protection to the bankrupt.

THAMES.—(THIS DAY.)
Dennis Buckley, a lodging-house keeper, was charged
with the following series of unmanly and savage assaults
on a slender, delicate-looking female, named Elizabeth
Drinan:—

The prosecutrix resides at No. 20, Crown-court, But-
ler's-buildings, and yesterday afternoon her sister-in-
law, the prisoner, and his wife, were at her house. In
the course of the afternoon some altercation ensued be-
tween the prisoner's wife and her sister-in-law, and
witness interfered to pacify them, when the prisoner
seized her by the hair of her head, of which he tore out
a large handful, and beat her so violently that she be-
came insensible. When she recovered she immediately
left the house, but the prisvuer wan waiting for her iu