The Sun.
London, England, 1856-11-28 00:00:00

ROSS V. ROSE.

This'svasi-e. cause of divorce by reason of adultery,
promoted. by MiS: 'tsabe:llai I~ose agaiva her husband,
'resident in tiorpatisti Swaffhain, and W 33 brought to
this court by virtue of ;letters of request from the diocese
of Norivith.

Dr. Addsrns (with whom was Dr. Wambey) submit-
ted that the evidence was sufficient to entitle Mrs'. Rose
to her prayer.
The learned Judge, without heaiing cnunsel for Mr.
Rose, said that, in his opinion, Mrs. ROse had failed in
proving her case, consequently Mr. Rise roust be dig-
missed from the suit.
Mr. Jennings, the 'vector for Mrs. Rose, asserted an
appeal.

SHERIFFS COURT, Nov. 27.
PARTRIDGE V. STEWART-BREACH OF PROMISE BY A

POSTMASTER.
This was a writ of inquiry in an action brought to re.
cover damages for a broach of prorniEe of marriage, the
defendant having suffered judgment to go by default,
.thereby 3Ahnittiag that .he had.made the bromise mill had
not 'performed it.

Tlieplaintiff was a young woman, about 25 years of age,
now residing with a relative at Bedford,- and who, at the
time she became acquainted with the defendant, the post-
master of the town of Bedford, some three years ago, was
residing with her parents at Leighton Buzzard, and assist-
ing them in.the business of pastry-cook and confectioner.
On the 18th 'November, 1855, he wrote a letter to her, in
which he acquainted her with the fact that his affections
wore centred upon her, and offering to pay his addresses to
her, which offer, it would appear from the tenor of the
next letter, she accepted, for the letter of the 18th Nov.
began, "My dear Jane;" the next began " My very dear
Jenny," and contained this passage :—" My dear Jane,
the scenes which present themselves to our notice here are
fluctuating and uncertain; our life is like the vessel cast
upon the unsettled ocean, disturbed by tl,o waves and bii-

lows which are ever and anon throwing themselves
about her, impeding her progress, and disappointing ex-
pectations. Stich, my dear Jane, is life. -How often we
are not permitted to enjoy our fondest desires; what checks
there are placed upon us. I feel that I am'myself deprived
of a great boon, in the absence of your society and counsel,
which I should find soothing and comforting to me ; but
such, my clear Jane, is the arrangement of things, that it
cannot be at present." In another letter he congratulated
himself on having obtained possession of her heart, and in
another ho alluded to the conduct of her mother when she
became aware that his attentions had been accepted, and
said, if the plaintiff was disposed, he could take her away
at once, "as I have got plenty of room for you, my dear,
a beautiful home, and no one but myself to enjoy it." He
further appealed to her to acquaint him with her feelings
upon the subject of marriage ; and a subsequent letter,
which was very lengthy, as indeed most of them were,
contained the following :—" I promise you, if you have
me, to make the best of my position I can. I'll make
the best postmaster lam able to make. I'll stick close
to my official duties. I'll make you as good a com-
panion in a home as I am able to make. I'll look after
you, if you'll look after me, as long as the thread of life
holds out, whether it be long or short." In another he
said, "I eat and drink pretty well, and that, you know, is
a great thing, considering my other defici?ncies in your
mother's estimation." Again—" I fancy we would make
things tolerably comfortable in nay comfortable little par-
lour, where I am writing to you, my dear, nearly under a
mistletoe-bough." In another passage he spoke rapturously
of the time when the plaintiff would be post-mistress of
Bedford, and hoped "they might drink from the fountains
of the pure streams of love," and so on, in the most ap-
proved strain of an ardent lover. The brief, of seventeen
sheets, containing alone copies of his lettere, was handed
in, most of them of a nonsensical description.
The defendant, a young-looking man, addressed the jury,
and calved some amusement in the court by his simplicity
of manner. He said it was true that ho had paid his ad-
dresses to Miss Partridge, which he had discontinued for
some time—that was also true ; but he bad not refused to
marry her ; on the contrary, he was ready and willing to
marry her now if she was willing to have him.—(Laughter.)
The Under-Sheriff told the jury that it was admitted
on the face of the record, by which the parties were bound
that the defendant made the promise but did not perform
it.
The jury gave a verdict for 201.

COURT OF BANKRUPTCY.
(Before Mr. Commirisioner liolroyd.)
IN BE' 111 Z ROYAL BRITISH BANK.

A summary of the following appeared lie our impres-
sion ofyesterday :
Mr. Linklater---In the matter of the Royal British
Bank, if your Honour please, a petition was presented,
which has been answered this morning, the object of
which was to annul the bankruptcy at the instance of
Mr. Marcus, a shareholder, so that an order might
be made transferring the proceedings under the
bankruptcy to the chambers of the judge who has
the conduct of the order for winding up the affairs of
the Royal British Bank. I am happy to, say that
we shall not have occasion, I think, to trouble your
Honour much upon the subject to-day, subject to your
sanctioning the course which has been suggested. There
has been naturally very great anxiety on the part of both
the official assignee and the official manager that the cre-
ditors of the Royal British Bank should be as soon as
possible placed in receipt of the funds which are now
ready for division; and although no one can complain
that the official manager should have felt it his duty to
take the opinion of the Vice-Chancellor upon the ques-
tion of the rights of the parties, yet that judgment hav-
ing been pronounced in favour of the official assignee
(although upon the instant a notice of appeal to the
Lords Justices was given), communications have subse-
quently taken place which it is hoped will have the effect
of the withdrawal of that appeal and such an arrange-
ment being made as will be most conducive to the inte-
rests of the creditors and also the interest of the share-
holders. So far as the creditors are concerned, undoubt-
edly it is to their interest that the proceedings in bank-
ruptcy should be upheld, and if the appeal should be
withdrawn those proceedings will stand not only unite-
peached, but unimpeachable. The effect of the proceedings
in bankruptcy will be to prevent any creditor obtaining
any preference by any judgment which he may have
registered against the company, and the creditors also
will be deprived of that opportunity which they otherwise
would have had of attaching the debts due to the bank,
and also of taking possession of the property which is
now its the hands of the official manager. So far it is
manifestly an advantage to the creditors, and secures to
them an equal and comparatively a cheap distribution of
the property. With reference to the shareholders the
official manager is the most solicitous for their interests,
and although he considered it his duty in the first
instance to have the question judicially determined by
the tribunal under which he holds his appointment, yet
he feels that the bankruptcy is most beneficial to the
creditors, because, actions having been brought against
the company, executions have been applied for, and in
one instance, that of Mr. Aid. Kennedy, the Court of '
Common Pleas has permitted a creditor to issue an exe-
cution against Mr. Alderman Kennedy. There is no
doubt that when the shareholders find they are exposed
to the proceedings of individual shareholders, it will
have the effect of very seriously prejudicing, not only
the general interests of that body, but also the interests
of the creditor, whose interests would be best consulted
by such a course as will secure for the shareholders mu-
tual, just, and fair contribution. Now, the bankruptcy
laws give the shareholders that opportunity, because
under the 10th section of the act of Parliament under
which this bankruptcy has been originated, as they are
now conducted by the official assignee under the direc-
tion of this Court no execution can issue against an indi-
vidual shareholder without leave of the Court of Chan-
cery. It seems that the object was that if the Court of
Chancery saw that those shareholders on whom calls
were made were willing to pay their fair contribution no
execution should issue, and that no individual share-
holder should be harassed by the proceedings of a credi•
tor, when the proceedings taken were for the benefit of
the whole body of the creditors and for the protection of
shareholders—in fact, that all might pay their fair con-
tribution. The official manager was desirous that the
object he had in view in withdrawing the appeal should
be publicly known, because, of course, he represents the
interests of the shareholders—the official assignee repre-
senting the interests of the creditors. I have no doubt
that from what has transpired the communications that
have passed will result in an arrangement by which all
parties will be immediately benefited, and the nume-
rous expenses and delays of continued litigation will be
prevented. Your Honour will probably sanction that
course—that under the circumstances the hearing of this
petition may stand over indefinitely at present, with li-
berty to the parties to apply to get a day named, if un-
happily the efforts of those devoting themselves to carry
out this arrangement should not be successful. Under
these circumstances my friend, Mr. Taylor, who repre-
sents the petitioning creditor, will probably feel that
I have expressed his views as well as my own, and we
are both content, subject to your E ancl ion, that this pe-
tition should stand over. The directors, of course, have
been served by my friend, and all parties I suppose have
been duly served, and no person can be prejudiced, as it
seems to me by the course suggested.
Mr. Taylor—Representing the petitioner, I may state
that I coincide with the view taken by Mr. Linklater,
and desire that the petition should stand over. I have no
doubt, from what has transpired, that an amicable ar-
rangement will be come to, which will benefit the share-
holders, and also the creditors. Under these circum-
stances I apply for an adjournment, with liberty for the
parties to apply.
The Commissioner--The Court can have no hesitation
in acquiescing in that course. It is obvious that any
arrangements that can be legitimately sanctioned, the
effect of which will be immediately to divide the present
assets, must be most desirable and must be wished for, I
should think, by all parties.
Mr. Paddison—l have been served on behalf of the
directors with a copy of t his petition. I have come here
this morning for the express purpose of opposing the
prayer of the petition if proceeded witb, and I may ex.