The Sun.
London, England, 1802-01-20 00:00:00

LAW REPORT.

COURT OP KING'S BENCH, Nov. 24.

NEAL AND OTHERS, ASSIGNEES OF SANPVVELL, A

BANKRUPT, v. BALL.

This
,was a question upon the Bankrupt Laws,
arising from the following case :--Sandwell, the ,
Bankrupt, had been in the habits of dealing with
the Defendant for wool. He :had the privilege of
returning any if he did not want it,. as, his trade
was of a flueluating nature ; but he had never avail-
ed.. himself (If that Privilege,. Lie Made an agree-
ment with the Clerk' of the Defendant for several
bags, which were 'sent him, -and received. at .his
house in the middlealrebruarY, when he was from
home. As soon as he teturned, he told, his servant
that he would not enter" them into stock, and, in
, returned them on the 6th' of Match.- He said
in, his evidence, he . was in3olvent on the sth and
6(h, and on the 7th committed an at of bank-
'ruptcy. An Adion was brought-by his Assignees'
to recover the wool from the Defendant, 'on the
ground that it was an undue preference to a parti-
cular Creditor, and that. the goods ought to have
.gone into the general stock, for the benefit of the
.whole., The_ Jury gave a verdia for the Plaintiffs ;
and Mr. GI B BS. this Term moved for a New Trial,
ors the ground that the contra& was not t omplete,
which he supported by the authority of the case:of
-Atkinson -and Barwick.
The ATTORNEY GE N c i(AO now sheaved cause
against the Rule. He said the question was, whe-
ther, when the goods were sent-, and lay in the ware-
house of the Bankrupt, where they constituted that
visible prt'perty upon 'which credit was to be given
to him, the Bankrupt should. be at liberty to dis-
pose of thein 'in favour of a 'particular • Creditor ?
He. contended that the contract being complete,. he.
was not at -liberty to rescind it.. He insisted that
the goods being received in _the middle of February,
and laying in his warehouse for three weeks, was
evidence of his having accepted them, and that he
could not afterwards, when he- found. himself- in-
solvent, get kid of the contraft. In this position
he cited the casesof Barnes and Free/and,'6 8,
and Salt and Field, in 5 T. K. •
Mr. ERSKINE, Mr. GI B B§. and Mr. SCARLETT,
on the other side contended, that on the authority
Of the case of Atkinson and Barwick, when' the con-
craft was not Complete, the party had a right to re-
. turn the goods.:. they insisted, that as the Defendant
was from home when the goods came, and as he-had
hot entered them` in.his stock, it was evident that
he did not intend to'affirni the- contras and there-
fore that he had a right to send them back to the
original consigners.
Lord KENYON said, however hard it might bear
ueon a particular person, whose goods might remain
in bulk with
,a Bankrupt, yet he could not 'be re-
lieved without injuring all. Upan the trial of this
Cause, it most evidently appeared from the evi-
dence of Sandwell, that the Defendants were fa-
ioured Creditors. He did not mean to impute any
thing immoral to him; a man might be. swayed by
gratitude. His Lordship then went through the
evidence in the Cause, by which it most clearly
appeared, he said, that he had not made the eleatire;
if he. had the eleftion, to rescind the contraet. It
appeared to him that he wished to keep the affair in
his own power ; but he could not do it—he ought
to have decided imrnediatclv., In conclusion, his
Lordship said, that he was clearly with the verdia,
. and that no New. Trial ought to be granted.
The other Judges being of the. same ()Pinion, the
• Rule was discharged.

ACTRU c , that modern Hippocrates of the Northern
Hemisphere, in all his deep researches for an ef-
feival removal of a destructive Disease, never dis-
covered to the world an Anti-venereal :
but whoever has tried the efficacy of Dr. BRODUM'S
BOTAN.II, SYRUP, which, without
,the shadow
of a mercurial ingredient, dispels, in a few doses,
that deadly poison which is communicated from
impure embraces, will remember with livelong feli-
city, the happy consequences of afflying that never
failing remedy, and exult with self-congratulation
at the issue. As the: experience of thousands has
proved, that every, aphroditieal contamination has
been entirely subdued by it, in despite of the most
obstinate inveteracy.

SHIP NEWS.

GRAVESF.ND, JAN. IS

Passed by—the Chane, --_, from St. Pierre's; Ann,
Bond, 'from Curk ; Salacia, —, from Malaga ; Hopes
Vane, —, from St. Vali,ly ; Europa, ; Sala-
mander, —; Peggy, EttMgdon, and Tiber, Robarts, from
Dantzic.
Sailed--the Marquis of Ely, Hanway, fa India ; and the
Werwagting, Schaa-p, for Einbclen.