The Sun.
London, England, 1804-07-11 00:00:00

BANKRUPTCY ENLARGED:

Alexander rilacauley, of Lond,n,'rnerchant,.. from inly
to August 8, at ten, at Cuildlytil.

IMNKRUpTS.

lames larritt. of Bristol, cabinet-niaker, to surrender my
23, 24, Anil August 21', at twelve, at the White,.Lion
' Broad.street, Bristol. Attornies, Nlr. lames Vowles, st. •
James's Barton; Bristol or Mr. Wflßain Bennet, Dean's.
St. Paul's, London,
,Thornas Turner, of Birinim_tatn, Warwickshire, button.
maker, to surrender July 19, at four, 29, and August 21, at
CIVVen, at the Swan Tavern, Bull-street, Birmingham. At-
tornies, Mt. Egerton, Gratty's-Inn,square, London; or Mr.
St~lltbs, Birmingham.
George Stain:OW), of !Beverley, Yor'kshire to surrender July
2,3, 14, and August 21, at two, at the Star lon, Nlanches-
ter.-, Attornies, Mr, john Taylor, Manchester ; or, Mr.
Cursitor.gtreet, London.
Richard..Gunton; late of' Droitwich, Worcestershire, inn.
holder, o surrender July, 14, 24, at ten, and August 21,:at
• eleven, at 'the Bush 'Tavern, Corn-streets Bristol.
Iktt,)rnies, Nl,'Ssrs. HUI, Meredith, •and Robbinit, Cray's
II n, London ; Mr. Robson, 1/roitwich, Worcester.
shire_ ,
.. or. Mr. Thomas Easton, .Bristol. . •
fames Wain and Thomas -An, of Basinglialj-strect,- London,
and of Caine, in Wiltshire' clothiers, to surrender July 14,
August 7, 21, at eleven, at Guildhall, Loudon, Attorney,
Mr. Alcl_,:rt-on, North-street, (.:ity-rod.
Benjamin, Hits, of Bolt, Norfolk, vintner, to surrender
• I tity..l6, 17', and'AUgitst 25, :.at four, At .the Star, Great
Yattuvuth. Attornies, Mr. F. R. Reynolds) Yarmouth ;
or Me.suh. Tarraut and Mottle, Chancery-lane Lotalon.
Robert Newton, of 'Manchester, cotton-mantilailtiter; to
surrender luly 23, 24, and August al,: at three; at the
Royal. Oak lint, Manchester.. Anomie*, • Mr, Morgan,
FUontdin.:street, Alanc.:ter.; or Mr. gllja, Gursitor.,
street, Lontlort
405c0t Whiting I lolmes, of Purtsea, county of Southampton,
ironmonger,' to stitretater 2s, at ,three, 20, at ten, and
August 21, at two, at the Mare 'Cavern; Portsea. Attar.
--ney, Mr. Roger Callaway, Portsmouth, Hants. •
William lliiider,. now or late ofllalling,.Kent, viEfitaller, to
surrender 1 oily i 4, 21, and August 21, at ten, At Guildhall,
Loudon. 'Attorney, Mr; Nelson, Patigravelilace,Temple-
Bar, London.

COURT .OF KING'S BENCH, JoLy 9.
HUTCHISON 'V. DINWIDDIE. • H
This was a 'cause of considerable interest in the
mercantile World, and the result will tend -to settle
a point of last, of some, novelty and uncertainty, as
affefting recommendations for -credit. The Defen.
dant had formerly kept a bankingsaccount under the .
arm of Dinwiddie and Othan; with a Mr. Harri-
sim, at ‘Stoke, in Staff,rdshire. This account he,
h,ad transferred to his sonA,n.law Mr. Wiriterberry;
soon after the Batik had desisted from discounting ,
trills for Brokers, he:and his partner being in that
employment. Mr. Winterberry was subsequently
displeased with the irregularity of Mr. Harrison,
and' resigned the account, when it was undertaken
by the present Plaintiff. As •Mr. Harrison had oc-
casion to draw large sums on his London Banker,"a
copyhold estate had been made over to the Defer)._
dant as a security; this was conveyed to Mr. Win.
terberry on the transfer of the account, and sub..
sequently to. Mr. Hutchison, on the same account.
`devolving into-his hands. When Mr. Winterberry
resigned this estate, he took a Warrant of Attorney
.>f-Mr. Harrison for 3.2001. ;.the condition of which
was, that tool. a week should be paid until the•
whole debt -was extinguished. Thesi payments
not being prinflually made, the warrant issued for
13501. in, consequence of which Mr. Hartison's •
affairs were thrown into confusion, an alarm was'
spread, and he became a •c•iankrupt. In the result,
Mr. Hutchison, the Plaintiff, with wh-in "the ,ac..
count then was, was a considerable creditor, and
the loss arising in consequence of the recommenda_
tion he received -of Harrison, .he claimed of .the •
present Defendant.
Mr. ERMINE, for the Plaintiff, stated that the
Defendant had given a strong recommendation -of
Harrison to the Plaintiff; in order to induce him
to undertake the account ; and he said, that when
such a r.epresentation was false in. itself, and made
fraudulently, no doubt could remain. It had been
'determined by all thc'Judges, that, it was a fit sub.
itEt of-an a lion.
Edward Myer.. Brown; the clerk of the Plaintiff,
was' called ; he was present at several conversations
between the plaintiff and Defendant. The latter
had assured the former, that Mr. Harrison was a
man of extensive property, and that he was perfeelly
regular in the management of all his banking con.
terns. To these remarks the Plaintiff replied, that
he had no opportunity of satisfying his mind on the
credit Mr. Harrison-deserved.; that -if he accepted
the account, it, would be entirely on the Defen.
dint's; recomMendatton. Sion after-this interview,
the estale was transferred to Mr. Hutchison, and
Mr.- Harrison drew presently to the extent of 30001.
Several other witnesses were called, and a great -
number of letters were read, shewinolte Defer).*
rfant's perivd knowledge of Mr. Harrison's habits
of irregularity, contrary to the charaaer he had
given to the Plaintiff.
Mr. Glikl3S, for the Defendant, admitted that
Mr. Harrison' was, extremely irregular in his o,e.
counts, and endeavoured to shew, from tNe testi.
mony he produced, that the Defendant had given
the Plaintifrinfotmation of the most glaring ads of
Irregularity. The charge in -the declaration was,
that Mr. Harrison 'was represented as a person
possessed of considerable property, when, in fad,'he
was'on;the eve of a bankruptcy. The Learned
Counsel said, he could not only produce evidence to
shew that the Defendant thought he was a man of
property, but that Many respettable traders deemed
him so likewise, and that Mr. Harrison entertained
the same opinion of the condition, Of his own pro.
perry, Whatever might-he his situation then,-he
had an estate of considerable value before, he had
married a Lidy of fortune,-and-Mr. Mason and Mr.
Burns had recently- inspeded-The state -Of his .ac.''
counts, and c9nsidered him worth nineteen or twenty
thousand pounds. Thell;fendant had referred .the
Plaintiff to- these Gentlemen, and had given the in.
ftirmation "he did;: not, carelessly and itidiff:•rently,
but from the 'best materials on which his jOlgment
could be formed. Utider these circumstances Mr.
Pt OBS_ trusted that there , was
,no, foundiption on
which ibis adion could be supported. '
Mr. Harrison, Mr. MRson, Mr. Oman (the part,
ner of the Defendant),. and Mr. Wihrerberry, were
then called in support of the defence. .
LtirdELLEr.inoßoUGH inicirtiPted Mr, .Eastma,
who was proceeding t 9 reply, but, on some
iiidWc4- tion,from the Gentlemen of the Jury that,theyere
not perfedly satiSfieds he was again' proeeeding to
'Make observations on the testimony of the, orst,wit.
nets for the Plaintiff, when his Lordship a second
time interpoK,l,.
" The Plaintiff must suppOrt •his representation
'as it appears upon the Recard. The charge is, that
the Defendant reeresented Mr: Harrison' as a 'man
Of considerable property,' and- of great regularity.
kis for you to.say, if, after the letters which have
been produced, this account can be true. The tes.
simony of Ed-Ward-Myers -Brawn,, which-Is so mate.
rial. in the cause,- has not been questioned. You. are
ro consider if: the thing was done alai's° fraudeal,
or if it was for the purpose of leading tale
into an injurious situation, because in that case the
Defendant will become responsible. If you think
him liable,- the next consideration will be, to What,
extent, antL it seems that the balance on' the' whole
account is to6ol. id./' '• • ,
As his Lordship was continuing to point put the
law of shes.case, one of the jurors signified that no
doUbt was entertained by the Gentlemen with him,
when Itio Lordship desisted ; but a disagreement
unexpeledty, they desired to withdraw, and
EI(SICINa a third time put in his claim to.repl,y,
.should any doubt exist on the pretensions of his
client..- The verdiCt was instantly pronounced for
the Plaintiff, 10601.,ii5.-tri.

HERMAN JACOB GAilltEtS V. THE BANK OF EN9-

LAN

Most of our Readers will recoiled the Bankruptcy
of Now.land, the snap.maker, in '1793, was -suc.
ceeded by an attempt of a very nefarious kind.
This bankrupt attemp►ed to account for his, effects
to the extent of 60001. by telling the. Corinnitsion'er
that he was travelling in the mail coach with bank;

• •
vehicle was overturned,' he lost his book, and could
gain no intelligence about it or its contents. • The
Commissioners were dissatisfied with this relation.
Mr. Nowland was committed to Newgate, from
whence he has repeatedly endeaioured to extricate
himself by Habeas Corpus, but where he now remains,
in the twelfth year of his confinement. 'The myste.
Ty. in which this traosaai.m was enveloped,, has dis.
appointed every calm of his Assignees., The most
extravagant rewards were insufficient to draw-aside
the-veil; One of the notes, of the amount- of wool.

has,now appeardd, and was ;he subjeft •of the pre_.
sent atlion. It w.ta 'presented for payment at the
Bank, on the 6th of August last, and having been
stopped by the. Assignees of IST,twland, it was not
discharged. These -Assignees tire the real.,Defen-
dants in- the present Halo, the Bank having re.
ceived their indemnity. •
Messrs. Fa sit' NI and PA It IC R said, that the Plain.
tiff being ;at a town in Friezeland, and wanting short
bills, received this Note from his correspondents,
Messrs. Schroeder.and Andree, at Embden, in re-
payment for which, they drew sool. at the current
exchange, at the Plaintiff', house in London, and.
the same sum on the Plaintiff's connexions in Am-
srerdam, so that whatever. was the result of this
adion,. the Plaintiff had aftually paid wool. for the
Bank.note, of the benefit of which he was now sought
,to be deprived.

Mr. Abraham Newland attended from the Bank,
and produced the half of the Note of wool. which
had been detained there. On being asked by Mr.
GARROW what was the praitice with respect ttithe
examination of Notes at the Bank, he said, that no
more caution was used with a Note of a thousand
pounds; than was employed with tone of twenty
shillings : neither of them are,paid by the Tellers
Until they have
.been examined by the Cashiers. If
the Note be, more than one year old, it is referred
to .another office, equally. whether icbe for one
thousand pounds or twenty shillings. Bank Ndies
of a thousand pounds seldoM stay out more than
six, eight, or ten morphs; but in the course of
,his
experience, during ftfty.six years, he had known
instances of Notes of that amount not being de.
(handed for,•the space of ten years.
Mr. John Brod Fuhrer (with the assistance of -an.
Interpreter) explained to the Court that he was
Clerk to th,c.House. at Embden ; that Mr. Andree,
who' was dead, had taken the Bank Note of hii
broker, and had remitted it to the Plaintiff for a
valuable consideration. Other Witnesses were- called
to depose to the nature and fairness of thetransadion.

Mr. GAR ROW, for tleeC;;rporation of the Bank of
England, called no Witnesses. lie said, from the
testimony already given, .the Jury would he per..
fedi), satisfied, that this. larg' Note, of eleven year's
standing, iti,a foreign country, was not a marketable
commodity. It was cot, possible that either of the
Jurors he was addressing should take's Note of this
description; in siich a situation, -without inquiry:
Common, discretion need only. eta: have beerf cm:
ployed ; the llaintiir might have desisted from.giy.
ing any value fur it until.he had sent the nittnbey and
the amount to London, that suspicion might be
either removed 'by the discovery_of, the equity or
fraud.of the tratisaaion. Every man who coOdutis
basioess, must Dither brii.tg.di•csetion with hjoi,,or
suffer the consequences. This Noe would not have
passed on the Royal Exchange of London'; no man
would have given a bale ,of goods for it of the value
of 501. much leas should it have been taken in„ a
foreign country, where no opportunity' of inquiry
was air irded.

Lord ELLIENBOROUCH." The mere question
is, if the Plaintiff came by the Note bona fide...
he acquired it under such circumstances as a cau...
ticus and honest man would have received and given

value for it, then yoU will find yotti'vertlia fur the

Plaintiff; but if it carry-..0n the face ofit fatal sus.
picion, that ii, if a man .of vigilance and honesty
would not have received it under the circumstances

,statcd, then the Defendant will he entitled to your
acquittance."—Verdid lot. the Plaintiff, 0061.

SPQRTIAG INTELLIGENCE.

NEWMARKET itiLY MEETING, 1804. -•
tylown?cv,. JULY 9.
The July Stakes,..4 Subscription of cogs, each, 3o ft,
Mr. Wil.ionis b.x ,by Wax-Y., out of Recruit's lain -
Col. Sparrow's b. e,..by. Truiupator;out orl'ourig Noisetta z
mr. Panton's c. hv Coriander, dam by Highllyer 3
Mr. Canton's f. .Vtigne, by Ituzzard, out or Crane 4
Mr. F. Neal's h. c. Squirrel, by !Umlaut* • - 5
Six to 4 agst Waxy ; 7 to 4 agst Trunipator; 5 to r agst
Coriander,- •`, ,
Sweepstakes of sogs each. R. NI.
Mr; 'Watfell's•Ltindiago; Bst. ;lb. - _ •1
-Mr. Watson's Missliroiket, by Sir Peter, 7st. 81b. 2
. .

, Two to.t,ott Lumbago.
Lord Grosvenor's bagatelle, 7st. rill). beat*Mr:HovVotilt's
7sf. 'tjth. R. M. pgs.•
Captain- Absolute, Sst. 41b. beat D. of Craf-
toras Pic Nic, 80t. ' R. M. sogs.,
' Mr. Ilorirofth's Harefoot, rec. zigs. from 'Mr. Craven's
:Fine+ Eitri 8-it..'7lb. each. DA.- wogs. h-.. ff.
. Mr. 1-10wOrtill'S asgs.- from Mr. Craven's
„fine Eat, gst. 71b. each. Last milefol li. C. to:-.1;S: Is.
•Mr. Howard's Dehorah.`Sse. 'Sib. rec. logs: tram D. of
,Crafton's ch. c. by Buzz.ad, 2 yrs; cgd, sst. 71b. Two yr.
old C, zsgs.
• 7toa on Ilikgatelie;, 6to 4. ag4in: t Capt:Lin