The Sun.
London, England, 1804-08-14 00:00:00

EX PARTE FRY.

Roe and Moore,. of Bristol, became bank rortg
soon after the loss of the ship lidvatie, of which
they were owners. A short time prior to the corn.
mission, three bills Of mot. each, accepted by
Travers and Esdaile, were paid by the bankrupts
into the hands of Savary, Towgood and Co. bank.
ers of the same place. Also hills to the further
amount of t t 064 and'a certain bond of 3331. pay-
able at one- guinea' weekly. Numerous pecuniary
transactions had taken place between Roe and Co.
and .Savary and Co. on which the interest was
charged at 3571. and a commission of 601. being
one.eightli per cent, ton the total account. Sa-
vary, Towgood and Co. had various securities
deposited in their hands, notwithstanding which,
they had proved on the estate 4850/. which was
the whole balance of account, without regard to
such securities.. Goodbehere, Wygan and Cross
patentee to Travers and Esdaile the amount
drawn upon them, and the first partner in the for-
mer house was the assignee, the second the pe.
titioning creditor, This application to the Court
was made by the assignees, and its object was-
-Ist. To counterveil the debt so proved by Savary
and Co. on a charge of usury, on which they sought
that an issue should be tried under the dire lion
of the Court. :city, That from the sum proved
by Savary and Co.. the deposit or pledges so made,
should be deduded, and the dividend be reduced
accordingly. idly, That the bills amounting to
to 4/. and the bond amounting to 333/. should be
also &lofted from the account.
The Artoallov Gtisialts, on behalf -of the as-
signees in support of this petition, endeavoured io
.establish the charge of usury,- and particalarly in..
sisteti on a bill fo- +7O/. which had been given at
35 days date on London, and which was charged as
cash in the aecoutit. He cited a .case befOre Chief
Baron EYRE', In' which a transaction somewhat si-
milar had not been determined to be usury ; but in
that case, no commission had been charged, which
Materially distinguished the present case from the
law there laid down. He (petted also the Ports.
mouth case before Lord Kr NYON, When that Learn.
ed Judge said, that to takeathe full discount for a
bill as cash, which has several days to rUn, is a de.
Vice to elude the Statute of Usury. He then ex.
plained the nature of the account, from which he
said it was manifest, that the deposit, the: bills,
and the bond, ought to be deducted from the ac.
count ; he trusted, therefore; his Lordship 'would
dired the issue on the .former point to he tried,,
and would make the suitable orders on the latter.
Mr. ROMILI.Y resisted, with great warmth and
'anxiety, the charge of usury Which had been made
against his Clients, men of perfect integrity and of
• established repuratiou. He considered the east
-before. Mr. Baron Eltitlt as decisive in his favour,
and which ought not be over ruled by an occasional
opinion delivered at Nisi Prim; by the late
Noble and • Learned Chief Justice of the 'King's
Bench. With resped to,the bills, they werear.
tied to account in the regular way ; and with regard
to the bond, the Assignees need not haVe applied to
a Court of Equity, as Messrs. Savary and Co.
would have: readily acceded to their wishes in that
particular.

lif44R-R [Fit " •
Last. SttntiaYiricirning., at the New Church, .Strand, Mr.
Deblow, to bliss Barker, of thelse4.
Lately, at !When-le-Moors, Cintain Boyce, of the• 16th
Light Dragoons.. to Mrs. lane I-Inton, trf Hutton-hall
On Tucvlay last, at 1301 don, He;.ry •Dalt9n Jackson, tsq.
of Ebetrester-hill, Northumberland, to Misa lane' Pdnih<fr-
ton, second daughter of Robert Pemberton; Esq. of . We4t.
Boldon.
Thursday'seinnight, john Serra, Esq. Captain in tie
Navy; to Miss E. Dean, of jive r liool • •