The Sun.
London, England, 1805-01-24 00:00:00

ARRESTS. -;

:lAltYls MOved for 4 Role 10 Shell? Calltit
t • ..
way a p 11111itlii at an sNiott tootap„, Tlptilliy ail Costs,
natwithstandin4 llr 14t1 tacoverctl verdict hr 101.
stglinst tttie „L:ietet,t'al beeAttla tie had heist him to
for 121,,iit the time he koew- eocre WAS nit *MO
thiln to% doe; this he moved upon
.4 very wise

The Petitioners, Messrs. .Sisson„: Smith, and
Claphion, aree to the'situation Assignees to
hard Paley, of Leeds: This application'to the,
'Com vas, to stay• the certificate of Richard Tom.
,litiaon, of Ma'too, Bre ..eer, until certain bills which
de'volee into"the hand: of these.Assigness,lts Repro.
sentitiVes of Paley, had been proved. before the
Conimissionere in the. Bankruptcy of the said
Richard:reinelinson.. There, were two (Latina sets
of bills conned with the general question ; six
of them, which were of the earliest date, amounted
zooot. a and four of Ahern, et a later period,
amounted to '2OOOl. 25. together constituting a
clitiM.•ol 40001. 25 Tate last bills purported to
have upon them the intlorsetneot of William Water),
under the'singulareireumstances which will he ex.
niained in the sulisetrent pleadings, involving one
of the'rnost intricate, question. in the law of Bills of
Exchange. Besides the demand on these Bills, the
Assignees had proved on-the ,estate of Tomlinson,
a debt due'to Paley, of a different nature,' to the ex.
tent of 70°01. eeill be right to ',remise, that
of the tirst hills Tomlinson was the, iedOrser, of
the fait he-was the drawer ; the bills ;were in `the
course of negotiation in February, anti a conniiis.
sion of bankruptcy was issued against Tomlinson
an the loth of June iftose. • . •
Mr. AnexAttiattitein the part of the Assignees,
stated'at corisideiablelength the. origin acid pro.
greys of threw tritaeaCtions; he !mid, that the inquiry
witlerespea to the two sets Of bills wit's clirferent:;
the general ground of objection to the whole was,
that Tomlinson had no sufficient native of the tion.
Payment of the bills , with respetl, to the' first of
which he was the indorser, arid to the last he was
the drawer. But with regard to the second class,'
there Was an additional circumstance to be taken
into eoesideratioo,..whteh was, that .a„ person ,f the
name or William ~Waaen apeeareii as the payee to
these billr, and his 'name was placed upon went in
the form of an intoreeinent. • The 'learned C,-,unsel
entered at large inn) these two &elections.; lie aro-
duced letters of Tomlinson, anti afklas its formed
upon them, to spew there was 110 muco of iratisac.
Oinn between the oarties, ahac.any formel notice
such nun.paytuent was wholly unnecessary. With
regard ro the second difficulty, he admitted, that
the indorsement of the payee was a counterfeit, but,,
that Mr. Williani Wawn had subsequently given
his -assent to this employment of his name, SO that -
the bills were in no reepea vitiated by this additlint,
Mr. Romit.vir, on the part of Richard Tumlin..
sone the Bankrupt, and of ,his Assignees, resisted
thiiapplication,.and contended, the proolof:these
hills ought to be. rejededs and the certificate of sha
BanktUot be admitted. Mr.. Tomlinson had •tio iris
tereti whatever in these a mere domestic re.
lation to some of the parties had induced him to out
his name to them, and partly by importunity, part.
ly by the indidgineleg of the convivial limn, he
bed ber,n induced to exercise ibis ,coefidence. It
was rightly awed, 'that the two bets of bills
volved questions of a edifferent nature on those.:
purporting 10 be intinrsed by William Wont, no
doubt could remain, in' the mind of his Lordship.,
No man. could recover , the amount of a bill unless
the atquat indorsement of the payee appear upon it.
Of this hills amotinting to 20001. 2ti. it is acknow: •
ledged there Was no such indorsement,. but the name.
of the payee, Watt feloniously imitated. The oh.
jeacion to the oilier cysts of bills was equally 'fatal,
although no criminal bet was committed, Tomlin.
son, whether drawer tir indorser, ware entitled to
notice of the nOn.payment,ithe were o he held re. ,
spoosible ; he had received -no such _notice, and
therefore wile tvleilly exonerated from the payment.
(it, was argued, that, the letters written by Mr.
`fottiliesorie were a waver at this notice.) The
Leartied Counsel entered into a minute examination
of the contents of the letters; commented 'diffuaely
on the allegatione- contained, in .the several elude.
vits ;. and concluded, with saying, that t'it're was
rio ground either to direEt the proof of the bills, or
to stay the certificate of the Bardcropt.
CH` ANC it reinember when the
new cloarine was not, tenable, that there is no ne.
cessity for giving notice of the non.paymetir of bills,
if there be no effeeisl, but now We are iii tnieli a
luation in this great tothrnereial country, that :we
!wilily know. whaiares and'what ate' nut to be deno.
rnitiatedeeffe4ts„ Papition to tint Case only stales
_certain iraiisaelione between, the nartici; Withoutire.
tredusi,ig she lease informatitin to assiit the Caort in
the ottjects to whichrit should (Ailed its peculiar at.
tension, It etotoe certain persons went
Wien: the Commitisiotiere ; that they were riot pet..
' /pitted to prove # ; it.prays the
CatAstc entiote to decide. whether .the. party ought to
prove or 'not ; aott that io the mean, time the cent.
Cleat; be withheld. The demand is upon ten Bills
of Exchange. Tutirol, the' hills were drawn on ,Wit.
.
'Walker;
they were for the amount of eoool.
and were payable so the order of Wawo. Tom.
linann, whose name was used in this transa4ion, ap.
pears to be a very ignorant creature, but he is not
on this account 10 be excused from hie; nisponsibi.
lity with-respalao the bills. For this mot/adapt
of paper .In ireinse.on the public it is not expc4ted a
market will be found, utiles, William WaWo's naive
be employed; hence his name it without ceremony,
and without vendission, used, anti therefour.iii tin.
poem's goiout into, the world, carrying with them the
cretin which Atoll belting; only to :Ills OWti
tore. In, Mr. Paley's presence there' Warbongiing
attempts this Signaturo ; and he is refire.
tented as sayings 'tai the` peIIiQtIS,C4I4ICCIIItd, he had a
dextrotteelerk. in his employment, who could write
four different bends,
,and he should lib the perseti
riiiiorreci to, ioeimilisie the name of Waver); Shop.
stmt. his clerks is theti called, and he performs the
,boeinsesa with so inueli talent, that Mr. Paley fondly
exults in die' success of the attempt. Tlien they
sly this is nothing, and the cast of Tailoek arid, esat.,

I ;NOON I Printed by 'tic HAa. 1) HARRIS, (of No. 4, Mai tlet-Mirt, 1103 C. litfit ); And t
At the Strpr-Orvicr, No. t t:, cirraud; where didirertittrunts, ordsrs fin