The Sun.
London, England, 1805-08-22 00:00:00

11E1)01?7'.,
c()Lwr OF cHANcEity, Aun.

IN
,1101. DER ANT) ' OT CIE RS, ASSIGNES,'
• BIEWOOD, A BANKRUPT..
The .vrTottee,,_Y-08 NEU Stated; that this retie
tion had -betel betbre the. Court same time Fellee, fled
weds ief.....rreti to the Commeiiioners to inquire
Whether the, sum of 301. proved as 'due by the
Rtnheupt to Christopher,. Cumluer, should net be
expunged, on the ground that the, origin of the trans-
ta6ton hadbeeriusnrious. For the purpose of in-
vestigating the business, the CommiSsionerti' had
examined Mr. Gardner, who deposed, that he had.
been iapplied to by
.a Mr. Cern to lend him the sum.
of 3001. for Birwood, and he ageted. to do it; but
being: obliged to sell out 3 per cent. Consols to that
amount, it was settled that Birwoodehould enter
into a bond to replace se much stock as he would
sell out in three years. Mr. Cern gave direaions to
Mr. Mason, an Attorney, to draw op the bored,
which WlLS.done accordingly ; and at the execution
of it he asked whether be could at any. time (un-
der it) seize the goods of Mr: Birwood ? and being.
told he could not, it was agreed that a warrant of at-
torney Should also IR, executed to 'him. -Mr. Ma-
son, the Attorney, was then examined before the
Commissioners ;' and he stated that he bad been
employed by Mr, Corn to draw up a bond, by which
Birwood was bound to replace 6501. 3 per cent.
Consols ita the space of three years, and in the mean
time to pay the dividend on so much;. but lie did.
not know the sum of money that waslent Ur.
. Gamiler. He further stated, that Gardner had con-
sulted him concerning the remedy he would . have
if. Mr. Birwood should fail in his payments; and be-
log informed by hirn that he could not sell his
rioods.• it was agreed between the parties that Gard-
e
per should hat* a warrant of attorney,. Which was at
the time executed. 'On these grounds, the Attorney-
General stated, the Commissioners • had certified
that the debt was, in its origin, of an usurious na-
ture, as the suns of 3001. which was the only money
advanced by Gardner, and was the sum he had
proved under the Commission, would not be suffi-
cient to :replace 6501. stocle, and also as the di-
vidend agreed to be paid on it would be consider-
ably more than the legal interest for 3001. This
application was therefore made, on the part of the
AssigneeSe to have the proof of the debt expunged,
on the ground of usury. The 'Learned, Attorney-
General further stated, in aid of the ease he had al-
ready made out, that Mr. Gardner proved his debt
on' a promissory note, which he had also obtained
free-, the Bankrupt, 'without the knowledge of Mre
Mason, wd keawing;from the nature of the trans:-
ataioe, he would not beallewed to prove under Use
bond of ,t'arrant., He therefore hoped his Lord:
ship weeld order this debt to be expunged. ,
Mc. Mc nmtps, on the part of Mr. Gardner, sub-
mitted, that the Commissioners had not drawn a
proper conclusion from the farts laid before them,
lihich were simply these wood having occa-
sion for 3001., asks. Corn to lend it .to him, but he
net hiving "so much applies to Gardner, e•ho agrees
,to lend the money, pre:ided it is returned in stock.
Corn then direets Mason to draw up a bond con-
ditioned to replace 6501. stock, :and a warrant is af-
terwards executed for the same amount but Gard-
ner never CXaillillCS into it until sonic time after,
when, on looking over the . bend and warrant, he
sees that it is not for the money. he lent, belt for
quite another thing, and therefere goes to. Mr. Bir-
mionfli and obttitts his promissory note for 3001.—
Tic tileictOre submitted that the Petition.should be
cii3tnieled, as, whatever complexion the bond itself
'might We'ar, the intention of Mr. Gardner was .per-
fealy coi"redt.
Cif4t,rOtt..i.on said, the question seem-
od to be,
,not 'whether this contract was usurious
but whether it was Gardner's contra& ? His Lord-
ship then :asked lOwther the Commissioners hack
taken any notice of the:prOmisgory note for 3001. ?
• The An'ORNEY-GVNERAI. said, they had not 4
but that it appeared front the Affidavit,, that. Gard-
ner, after he lied got the
,bond and the warrant,
tO the Bankrupt and got this poenissory note
for 3001. still retaining the other securities ; so that
it Was eult.. clear lie was treare of the illegality of,
the proceoditig, and obtained the .note for the pur-
. ose.of. Securing. himself in eventiof'Bmkruptry,
The I,min hid aleays been
()pillion that this had been an Usurious coetrad,
bet tbe only doubt he ever entertained was, whether
the ruled of the mu in went with it. His •LOTtidilp
c.lt is reirred to the different 'parts of the case, and
that loin the circumstance Of Gardner's obtain-
its, the and the Proreisory, Notes, meeohq,
if di,- teatek'liell 11+aer.illet the day light,
tiniACF thiC4onityr ; and if, by'an accident, such as
the pre,ent, t4v..! business Should undergo investiga-
then to eLiat under the latter`; he was of opi-
'llion: that it was an usnrious,traneatlion, with the
knowle4e of Gardner, and that, therefore, the. debt
shenld be expunged, and the COBtS of this application

rn PARTY, MOUToN, I TUB •MATTFR OF ANDER-

50N, A. PANTltyrr.
~R o tt.LY stated, that thiA wa
mys the Petition of
tiihing,o 'Mil:lol3p and pm. 'sht.hat the Commissioners
trl, dhe6ted to alio
5001. dcw. to him by, flle, 13,1:71 Prl" a' debt ofy
receive tilt" Alumni of the Dl' .11411(;)rtid' Tt'd4attlll42eebmeeah
nlrecidy paid to the creditorslvthat Corn4i-.
Mon. The It:`iiikrtipt was a striderl.
-trans b„sitless with the Iltout.re:e'-hT•ci'lh"lt' to d.
8:)n, matatfitaurers,liviii.,. .of
atixttr
the latter end of tile year 0401 ttenill forniqee.
drawn rAI the BankrUpt by Baxter 'arid Sonr 1101)1;1 -4tvt.:,
eepteil by him this ,13111 passed to Mr. Christie',
but was not paid by tife`lsi4lkrlapt. When due it Wa.i
thecciOre iac,t6,:tod," and in* a short time afterw:irds
.was token up by -Mr. Morton the Petitioner, thr the
.holfour of ilaxter_and. Son, Christie being about to
coninvoce;:n action againa them. (in the .28th of
.falAory, 180,tl. Commiision Wa4 taken out against
.AnOrsoft, anti the Petit:toper st.":!; SC crll times be-
fora' COnnniisioners, but would not. be allowed
to prom del,t, on the ground, that he paid the
for Baxter and Son, and
,that the Bankrupt. h:td
Itot..mc'eived a Valuable con,,ideratioti from them.---
.'lime Le:tilted Gentler= 4iutrmitred,, that whatever
Vas thit state of the accounts between the House of