The Sun.
London, England, 1834-08-23 00:00:00

BANKRUPTCY COURT.--Acs'. 93,

(Before Mr. CoMinissioner FANE.)
MAJOR RUSSELL'S BANKRUrTCY. 001
A meeting of the creditors under the fiat of hang; a titc•
awarded against Major V. Russell, of Brighton O f
gent-street, of
i dealer, was held to-day for the further
cleats and the declaration of a dividend. The bal.'"b'tion,
1:1111 entered largely into building operations in linf t of
'here he held much property but against whom a l'adebo
bankruptcy was issued about two' years since. rrh,e, „-ble•
and engagements of the bankrupt were very con
elOl for
Mr. SWEET, the Solicitor, appeared to enter a elait-, for
1,057/. under the following circumstances
whom he appeared was a Mr. Henry Carpenter, °,l 6,11er.
cester, but who formerly was in business as a tallow-eual.
to
) ,
Mr. Carpenter sold a business, lease of house, &e" in
'Laver, and the bankrupt, Major Russell, became slireooev,
a bond for the amount of 1,4801. for the purchase ine accept
Subsequently Mr. Laver induced Mr. Carpenter to 's ;b•
a re-assignment of the lease, but before possession ices
tained a fiat of bankruptcy was issued, and theC Pre' ter
arpeD
was taken possession of by the assignees. • ••,-• • ',estate'
had received five shillings in the pound from Laveir,",
and he now sought to claim against Major
thee
'bond
In
1,0571. 11s. 10d., being the balance due on
which the banruecame able.
The COMMI kSSIOpt NEb li
R had considerable hesitation
tillpt
lowing the claim to be entered at all. Here the
fs
transpired about two years, and now, for the first tita,e' ,' lot
this claim brought forward, and without notice. 1
eor
ever been his practice .to order the payment of asselopteJ
as soon as possible. It was time some practice was
3 11Ll ight
to prevent such claims from locking upmoney,whic.
be divided.
Mr. SWEET said if the claim were opposed, lie
oalJ
-
once tender a proof ; and if that was rejected, lie - t
appeal to he Court of Reviewdeci A tlYi
After some discussion, the C.OMMISSIONF,R
the claim should' be allowed to be ente re I conditional'
that, if it was not converted into a proof( by the nest
ing, it should be expunged.
This course was acceded to by Mr. Sweet. estate,
The total amount of the debts proved against
w:Die",
is 12,798/. A dividend was orderd to be declare
will amount to about Is. 6d. in the pound. to
Some conversation arose during the proceedinb'ita as
rr"
the right of the messenger of the Court to certain C-0
for attending the sale of the household furnitere -
bankrupt, of which there were several houses fall. did
The COMMISSIONER decided that such a dutY:lcretfr
form part of the messenger's office ; as, however,
tors had been materially served by the messenger Preeiolil
ing the goods from being sold at a great sacrifice, be oor
sanction any sum being given to the me3senget til
nees thought fit.

ASSIZE INTELLIGENCE•

10'
NORTHERN CIRCUIT.—L ANC4BrEIt,
(Before Mr. Baron GURNEY.) Co•
IMPORTANT TO BROKERS—WALKINSHAW 1)
Oi
BUCHANAN AND CO.
This was an action brought by the plaintifs'.erblo`
East India merchants, against the defendants, 11.`bii.
i
spectable brokers in Liverpool, to recover a son °,1,1(0,1,1.
A question of the highest commercial imnolta*l4.; :11*
volved in the result of this trial. The plai'it"— I' ci ref
-principals of a highly respectable house at Boinbate
also a house at Glasgow, and about two years since
established a branch of their house at Liverpool `lf, e 5131
firm of John Skinner and Co. The business of t'oe4,'
lishment was under the superintendence of l‘fr.,t,ol,
Adam, one of the present plaintiffs. It is the cu ens''
Liverpool for merchants in the import trade ti° 00';
brokers to sell their goods. Those
brokers. There are also .buying berokers. :I,":9lAtt'r
selling broker effects a sale to a buying broker,
the P.d
gives the name of the parties for whom he ul5 •s
chase. The selling broker then sends in to 1'1,15 rollei,
what is called a contract note, with the price 30%01j
the broker who purchased the goods and, this
whom they were bought. The note in question is °.sBl/
sent in within forty-eight hours after tbe too,,
effected (the goods being generally sold b),`
in order that the merchanthave t`l,
may e'Lli
of rescinding the sale, or of enforcing the or
r,;
which are generally cash or approved bills en
though usually, when the parties are approved of, Id:
is not demanded for ten days or the invoice furni•tbe,ooY,
articles of sale by auction are more protective °flat
wise, and therefore not generally enforced, Wile'', the:e
event of the purchaser not being approved of. t'iiil3rtv
of May last the defendants, Messrs. Buchanan 3n,,,,tt09:
sold for the plaintiffs 'a quantity of cassia an:l;ol,4'.'
auction, to the house of Messrs. Ohmann at'u
Liverpool, and to the amount of 8001., which w'ol:
diately delivered. On the 21st of May
and Kemp stopped payment, and the plaintiffs, •-ictelto.tl4
settlement for their cassia and cotton, now s°t*l'l 1'))'
the defendants, Messrs. .Buchanan and nr°wrie;)6l
upon the grounds that the note of contract Onta.i
names of the purchasers was not furnished t°, forty 1i

the usual time, as by custom established ; and' I-
they known that their goods had got into tbegAt
Messrs. Ohmann and Kemp they would not bave;rdfr,
order for their delivery until they had been PP
n-
On the part of the plaintiffs; by the evineateY
chief and managing clerk, Mr. Hardman, it aPPeoce
the note of contract was not delivered at the °er)
the 27th or 28th 'May, being three or four cl 5Y5 koorbF
failure of Messrs. Ohmann and Kemp, nor didica' b,e,,cltl;
name of the purchasers until it was conunun,,clo
by one of the defendants, and that was on the
of the failure. oerccr
By the evidence of several most respectable:, prs
and brokers, it appeared that it is the uny'lli'to4:l,Ji
for the selling broker, within forty-eight boos,
his principal the name of the party for whom, t,lle;tvityl
purchased. The order for their delivery h'1:01',(le"'
until it receives his sanction, the delivery hems
broker. •
For the defendants it was contended, that 'forl''V'
note of contract was not delivered exactly
hours ; still the custom was not strict to a ticle';'e nit
•was delivered in proper time, and in quite-sn'—
guard against the apprehension of a failure. i.,01:6;,,
Several most respectable merchants and 'l4'7
called, who all said that the limit of the tirn,j,
of contract was not so strict and punctual a 5
by the plaintiff's witnesses, and frequent tJtre reo.ity'
the note was not for three or four days after,"tillell'Al
invariably the goods were delivered before 3
demanded. And as to informing the princeAeri.i',9'
b
goods were sold, the respectability of the br;
made that unnecessary, as the choice of a Ifel',000:01
confided to their discretion. There era` fof
dictory evidence as to the delivery of the n°`;:tV
and also as to the knowledge which the Pl'll-'ffbe,'tril
Messrs.Ohmann and Kemp were the purchasel: ce .)
Mr. Baron GURNEY. summed up the ecr:te;'(
derable length, and the Jury, after a few 1,,,1in-the
tion, found a verdict for the plaintiffs Or 44/
co-07
claimed, 817/. 16s. 10d. A t ;ti
The case excited considerable interest, an'
crowded, not only as witnesses but as al-1(1401'5'
hers of the first
merchants in Liverpool.
_,7;

• BIR THS. 1744., ~.i
On the 20th inst., the lady of John Butler, ' Lo
8'
house, Berks, of a daughter. fi' ,f
On the 22d inst., in Whi'ehall place the lady ° r.
, - ~
Esq.,of a daughter. Av Ot
On the 20th inst., in Tavistock-square, the la"' j",
Esq.O , of a son.Charlton' i
n the 21st inst., at Kennington, Mrs. ,„. _cc
~

daughter.
On the 2 inst., the lady of Joseph Delpra.2_dlt!2.
street., Portland-place, of a daughter.
MARRIED. char,
On the 31st of July, in the New Protestant -a.
by the Rev. J. S. Pering, Chaplain to the Fereel'
L. Edridge, of the Royal Artillery, to Mary Au.'
of Thomas Grain, Esq iel‘
Freaerloit
On the 19th inst at. Ormesby, Norfolk,
Lieutenant of the Hon. East India Compl.o'.9oli,t°'
second son of John Ensor, of Rollesby Hall, 1-`l3l. rirP
daughter of the late Gerard Montagu, Esq. fir. di
On the 15th inst., at Ugborough, the Rev'
Vicar of Morebath and Perpetual Curate of
Montague Baker Bere, Esq., of Morebath
Mary Emily, daughter of the Rev. John Spry, a, Ver
On the 29th May, at St. James's, ClerkenWeasalit
Grenfell, Esq., to Charlotte Adelaide,
John Elliot, Esq. gea
On the 19th inst., at Cheltenham, the . lictec
A.M., of Catherine Hall, Cambridge, Vice daog
ilest
William's College, Isle of Man, to Eliza, " t.
Thomas Willmott, Esq., of Sherborne, Der'evawart
On the 21st inst., at Ewell, Surrey, Mr._.....fiter 0,4,
Trowbridge, Wilts, to Mary Amt, eldest '13'114 31r;obo
Willeter, of Kiuswood, Surrey.f J°
On the 21St inst., at St. George's, Soutl,‘o,
ton, of Islington, to Emma, eldest daughter
the Old Kent-road.
131•:
fourth 004,

On the !Sth inst., in his ithil'yejait:, the 13,,.e1t,003P1: sl'''
I''
head master of the-Derby Free Grammar '''.. dt
Osmaston, near Derby.
hisOi‘niatjheestyl9,sthouisltto.,msa, Pictou, Cott
a ~#
Tar' #
On the 22d inst., in Mark-lane, in her 77th 3 0,1
rOO.l
Nova Scotia, ,A, I
Mr. Luke Her.vorth, of the South Sca-hous". of 6„
On the 26th ult., at Almeria, in the province 11390'`
Edward M‘Donnell, Esq., fourth sou of th e late r ill
'''
Esq., of Dublin. inn, relict
0
On the 211 inst., at South L bth ,r,
the wife
Franc
At the Dingle Bank, near Liverpo:,l, le 11,r abter
SotfoEned,wraercd:tocr
roofpCreoil.,d Norton Essc oil yea( t
lay, Esq. laliltw
On the 12th inst., Wm. MitEc'lstgel.l', aEnsd:,llo7:l° ''''''''''

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London : Printed and Published Al VIZ
Land
at The Sun azaqe, No. 112, Straotl,