The Sun.
London, England, 1858-08-05 00:00:00

LATV REPORTS.

COURT OF CHANCERY.—AUGUST 4.
(Before the Lords Justices.)
IaRYAN V. THE METROPOLITAN SALOON OMNIBUS
COMPANY (LIMITED).
Mr. Wordsworth called their lurdships' attention to the
• ler made in this matter a few days since, as in the draw-
:up thereof there appeared to be same inaccuracy. The
tliculty was as to the demurrer.
Lord Justice Turner said that there really was no difficulty
the matter. Their lordships had overruled the demurrer
thout prejudice until the hearing. of the cause. When the
nut overruled a demurrer in that manner, every defence
.ised in the demurrer was just Cs fully open to the defen-
nts at the hearing as ever. The Court did not decide
sea upon demurrer, when its opinion was that they multi
• . more fairly dealt with at the hearing.
Lord Justice Knight Bruce—lf I recollect correctly we
fused the motion for au injunction, overruled the demurrer
thous prejudice, leaving the question open for decision at
bearing, gave leave to amend, if desired, and reserved
e costs to he disposed of by the judge before a hom the
Attie should be heard.

COX T. 31RAGG.
Mr. Cracknall moved for an ex parte injunction to restrain
ie defendants from selling property belonging to the plain-
if, a lady resed' ing at Hastings, and there carrying on the
usiness of a lodging-house- keeper. The property consisted
furniture in certain lodging-houses at Hastings, and the
efendan•s are the proposed trustees of a deed of trust for
le beneMt of the c. editors of Mrs. Cox, but which bas not
.t been executed. Mrs. Cox has obtained an order of the
.iv:srce Court protecting her property from her husband,
ir. Wm. Cox.
Their lordships made the order for an injunction to re-
rain the f,•rtlier sele of the furniture, o ith liberty to apply
• 3 any judge of the Court to dissolve the injunction, or to
ischarge the order now made. The order t 9 he upin tht
erms of Mrs. Cox by her next friend, and her solicitor un-
lertaking to be answerable in damages and otherwise, and
to abide by any order the Court might make in respect of
damages and otherwise.
The sale was advertised to take place on three successive
lays, the first day's sale taking place this day (Wednesday.)
THE COLLINS COMPANY v. REEVES.
Their lordships made an order in this important case—re-
lating to the sultjtct of trade marks—to carry into effect a
compromise which has been arranged on tkefollowing terms :
—The defendant to pay £lOO damages and taxed costs cf
the c3mmon law action and the suit in Chancery, and a
decree to he taken, by censent, for a perpetual injunction;
payment of net profits agreed at £lOO, and' taxed costs of
the suit.
Mr. Bacon supported the application.
The Court has now risen for the long vacation.

COURT OF BANKRUPTCY..—Atro. 4.
(Before Mr. Commissioner Goulburn.)
IN RE REAL AND ROBERTS.
This was an examination meeting, and also for the de-
claration of dividend, in the case of William Henry John
Keal and Daniel Jackson Roberts, merchants, of 3, Rood-
lane, and of Charlotte Town, Prince Edward's Island.
The balance-sheet commences Feb. 6, 1854. and ends
May 1, 1858, and shows a gross liability of between £ll,OOO
and £12,000, and assets about £3,100 in the hands of the
official assignee.
Mr. Jones, for the assignees, stated that an adjournment
would be necessary, ander rather peculiar circumstances.
The assignees had sent one of the bankrupts (Roberts)
over to Prince Edward's Island, for the purpose of realising
All the property there belonging to the firm. Before Mr.
Roberts could return he had been arrested, and had been
obliged to give security upon the property he went to
realise ; he therefore had not been able to accomplish the
object of his visit. The dividend also would be deferred in
consequence of this occurrence. The assignees had sent
gen.leman out to Prince Edward's Island, with a power of
attorney, to act for them ; and until they heard from him
they were unable to give Caurt any information.
The adjournment was accordingly ordered.
IN RE WILD.
The bankrupt was a carman of Southwark. This was the
certificate meeting. His debts were £1,860, and assets
about £5OO. The profits in 15 months had been £1,132;
expenses and losses, £1,680. At the beginning of 1857 he
was in a deficiency of £742.
Mr. Pennell, the official assignee, reports that the books
bad been well kept with the exception of the cash-book. As
in the majority of cases that came before this court, the
cash-book was defective. Entries to the amount of £2,810
had had to be made since the bankruptcy; but these items
had been chiefly recorded in his other books, so that all the
statements in the balance-sheet were corroborated nit!' the
exception of £233.
Mr. Scarf!), on behalf of the assignees, offered no opposi-
tion.
Mr. Simrson, for the bankrupt, stated that he had suffered
severely by a kick from a horse, which he received while
attending a sale at Dixon's Repository. This accident pre-
vented his attention to business for nine months. Ile had
also suffered loss by the dishonesty of a clerk. His expenses
had been augmented by the advance in the price of horse-
keep. All the creditors were favourable, and recommended
that he >hould have an immediate certificate.
The bankrupt, upon being examined, stated that he bad
been in business for 12 years as a carman. He commenced
on £3OO lent him by his employer.
His Must'r said that had the books been properly kept be
would have granted the bankrupt a first class certificate;
as it was, he might take one of the second class.
IN RE BEE3IAN AND OXLEY.
This was the examination meeting in the case of the
bankrupts, who were hop factors, carrying on business in
the Borough. No accounts had been filed, and as one of
the bankrupts (Oxley) has absconded and the other (Bee-
man) is dead, it does not seem at all probable that they ever
will be. It appears from a statement of affairs, prepared by
Messrs. Glover, accountants, that the liabilities are great,
and the assets about 1;3,000 or £4,000.
Oxley, not surrendering, was proclaitnel in the ordinary
form.