The Sun.
London, England, 1846-12-19 00:00:00

COMMON PLEAS-(THIS DAY.)

HALL V. GURNEY.—THE CHINESE EXHIBITION.
This was an action brought by William John Hall, a
wharfinger and general merchant of the city of London,
pke r ,
onoo v e r
ofs 0
t,oh/e. ,
against Mr. Samuel Gurney, jun ~ the son of the well-
knownwhich ictapwitaaslisatllaengdedmothneeybrt
defendant,
executors of the late Mr. Dunn, the proprietor
Chinese Exhibition, owed to the plaintiff, btg the
balance of the
balance of commission still due on certain bonds to thee
Treasury, executed by the plaintiff, to allow the free
importation, for the purposes of exl.ibition, of the col-
lection in question. .
Mr. Sergeant Byles and Mr. Sergeant Dowling ap-
peared for the plaintiff ; Mr. Sergeant Channel and Mr.
Peacock for the defendant.
Mr. Sergeant BYLES opened the case, stating that the
present action arose out of the well-known collection of
foreign curiosities at Hyde Park-corner, called the
Chinese Exhibition. Thu pr. prietor of that exhibi-
tion, now deceased, was an American, who, having been
engaged in business at Canton for some years, had
selected a rare and valuable collection of articles, illus-
trative of the manners and customs of China, which, in
the first place, were taken to Philadelphia, from
whence it was transported to this country. Mr.
Hall was the agent to arrange with the
Custom House authorities. It resulted in the larding
of the goods, and after some negotiation with the Custom
House authcrities, they were allowed to be taken out for
six months, duty free, for the purposes of exhibition, on
condition of a bond being given for 20,0001. to restore
them at the end of that time. This was in 1841. At
the end of the six months the bond was, on petition, re-
newed. Altogether the bonds were renewed five different
times, half per cent. being charged on each bond as
commission. To this was added 521. 125., as brokerage
fur the landing of the goods, and three guineas for each
renewal of the bond. The articles were ultimately ad-
mitted by the Government duwty
allfree. Other payments
of sums of money had, as eged, bma by
Mr. Hall from time to time on account of the deceased.
h"le alive, had paid several sums towards
Mr. Dunn, w i amount claimed to
these debtc, which reduced the
about 5001.
This is an outline of the defendant's case, to which
not
the
defendant pleaded the general issue, and that he was
indebted.
A great number of witnesses were called in proof of
these facts, and to show that the charges were fair and
reasonable. The majority
such ority of them, however, stated OW
the transaction wasof an extraordinary character,
and so much out of the usual nature of Custom-house
business, that they definite opinion as to
could not give a
the charges.
Mr. Sergeant
said his client haCHANNEL, On behalf of the defendant,
action • bat he haddee pecuniary interest in the present
English executor ofa duty to perform, as the only acting
the
deceased, Mr. Dunn. That
duty prompted him to
exorbitant andresist the claim, which he con-
sidereduncalled for. With regard to the
brokerage, he maintained
that the plaintiff had done
little or nothing to effect the
the Custom-house, but that iriassage of the goods through
Mr. Langdon, the curator of was mainly done through
t
Mr. Gurney. At the outsied exhibition, assisted by
could claim was the ordinarye,all that
Mr. Hall
agent fees, not the extraordinary Custom House
had made. On the matter of
charge he
the commission
security charged on the bonds executed as s
Trea-
sury for the redelivery of the goods, he submitted that
rity to the
the sum of 500/. was monstrous. He
would
of the commission on the first bond, whichwas 100 L, but
say nothing
he protested altogether against the our
commissions. The renewal of the bonds followed subsequent
matter of course, and the first commission, he as a
contended,
extended over the whole period the security was
given'
the bonds being treated as one continuous
security,
This was the usual course of Custom-house business,s the
ity.
only charge beyond the first commission being some fees
to the officers for the preparation of the renewed bonds.
The Learned Gentleman also objected to several other
items claimed, which, he stated, were paid in the
lifetime
of Mr. Dunn.
(The case was proceeding when our r; port left.)

BANKRUPTCY.-(THIS DAY)

IN RE JOB ELLIOTT.

This bankrupt, who had carried on business as a ship
smith, in Beer-lane, Tower-street, City, came up for his
certificate.
The bankrupt passed his last examination about twelve
months since, when the Learned Commissioner with.-
drew the protection, and gave him very little hope of
ever obtaining his certificate, on the ground that he
had made an assignment of his property, to the preju-
dice of his creditors, and that he had not kept a cash
account.
Mr. DUNCAN now appeared on behalf of the bankrupt.
He said he did not attempt to exculpate him, but to ex-
t( nuate. The Learned Gentleman here stated several
circumstances calculated to extenuate the bankrupt's
conduct. _ _ _

Vv
The Learned COMMISSIONER, in giving judgment, said
that he wished it to be understoood that in all cases
where there was a preference given to one creditor, or
where books were not kept, he would always mark them
with severe censure. Under all the circumstances, he
would suspend the certificate fur six months, without
Protection.