The Sun.
London, England, 1841-03-08 00:00:00

ROLLS COURT-(TH IS DAY•)

The Court heard motions to-day.
YOUNG V. ENGLISH AND OTHERS.—THE NEW CONSZSVATi'
CLUB IN CHANCERY.
In this case John Young was the plaintiff, and Charles
Garrard English, Lord &MOB, LUrri Castlereagh, M.P.,
Ormsby Gore, M P., Mr. Walter Long, M.P., Mrs John r
Fector, M.P., and Henry Walker were defendants. t,
From the statement of Counsel it appeared that the deferu_,
ant English was the lessee of the St. James's Royal Hotealt:4
Si. James's-street, and that be deposited the lease of Hate
house with the plaintiff, Mr. Young, as a security for a son' ,
of 8001., which had been lent to him by that gentleinan.e .11/
Upon a representation by English that he was about to sell tth
property to Lord Boston and others, who intended to es e,
Llish a new Conservative club, and that he require"
the lease in order to show that he had a good title, Mr Youngs_
after obsaining a promise that it should be returned as soon as_
the purchasers were satisfied with the title, sent the kaseh:t
English, who, irrtead of returning it tn the plaintiff, al 11,,,eker
promised, tlarcd it in the hands of the defendant, Mr. W7l
his solicitor, who gave an undertaking to Lord Boston ant' '
other purchasers of the property to hold the lease for theirs
Mr. TURNER (who appeared for the plaintiff) stated di!'
the defendant, English, had only paid 20(.1. of the morey
vanced to him by the plaintiff, so that he still owed 600/s 'rue
Conservative Club was now in posession, and as a
side ab:e part of the purchase-money retraired unpaitt
and was of course due to Mr. Young under his lien upon tit
property, he moved that an injunction might be awarde I a.gait.:s
Lord Boston, Lord • Castlereagh, Mr. Ormsby Gore, 1‘,,," *;V,
Walter Long, and Mr. Fector, to restrain them from po'ini,
any pa t of the unpaid purchase money to the defendant Eng-
dl
lish, or his solicitor Mr. Walker, end to restrain Mr. Weactri
from parting with the lease and title-deeds. The Leone
Counecl stated that English had absconded, and was out of the
jurisdiction of the Court, but where the plaintiff had been Un-
able to discover.
Mr. GOODEVE appeared for !Jr. Walker, and stated that hist
client had also a hen upon the deeds, and had made a rnes.
diligent inquiry after Mr. English, but had been unable to dit
cover where he was to be found. He merely mentioned tha
for the purpose of disconnecting Mr. Walker altogether foul
the conduct of English. He was not authorised to appear ft!'
the club in any way, but he believed the motion was not likell
to meet with any opposition from that quarter.
The MASTER of the RoLLs—ln all probability they WO
have have no objection to pay the money into Court.
that
is .41
Mr. BAGSHAWE (who was with Mr. Turner) beiiev— t
the money, according to the terms of the contract, si."*/)° '
yet due.
Mr. GOODEVE could have no objection to the injunction u,
'
suing against his client, provided it was taken without peer
dice to any right he might have.
The Ma ER. of the RoLics observed that there was no ail,e;
gation against Mr. Walker. All that would be done by ter
injunction would be to say that in the present state of ,'„
claims, and before proof was established of the right of eit"'"
party, Mr. Walks r was not to part with the lease.
The injunction was then awarded in the terms asked.
BOURNE V. THE ORIENTAL AND PENINSULAS STEAg
NAVIGATION COMPANY.
Mr. HEATHFIELD applied to have this motion (sor an
„,fr.
Junction) stand over until the next seal, on account of ."
Pemberton's absence.
Mr. KINDERSLEY said that his clients had been underiant
undertaking, ever since the Ilth of January, not to do itrt :4;
which the motion sought to restrain them from doing ; ay,
they were, in point of fact, practically under an injunott:
which was a very great inconvenience to the defendants, Tie 'At'
cause their whole concern was stopped. He hoped, therefore,' ,
Court would appoint an early day for the hearing of the ro°l,
because, if it stood over till the next seal, there would be e.
lay of another fortnight, which his clients, who were as all'*„'°;
as himself to accommodate Mr. Pemberton, could not
sent to.
cissr
An affidavit having been made, by the desire of the b tey
of the Rolls, of the inconvenience that would be cagge'..hi
any great delay, Monday next was fixed for the hearing•of
motion.