The Sun.
London, England, 1858-01-25 00:00:00

GREAT THURNEYSSEN BANKRUPTCY.

The following is the judgment of the Imperial
Court of Paris in the great Thurneyssen bank-
ruptcy --
" The Court, donsidering that by a duly executed deed
of the 29th of Dec., 1846, a company in a collective
name was formed between Auguste and Charles Thur-
neyssen, and that according to this deed, enregistered
and published conformabll to the prescriptions of the
commercial law, the community of interest was to finish
on the 31st of December, 1851 ;
" Cousidering that it is proved :-1, that in the early
part of 1848 the company were compelled to make an
arrangement with its creditors ; 2, that Auguste Thur-
neyssen quitted Paris at the commencement of 1849 and
entered into the home of Steiglitz, of St. Petersburg ;
3, that by a circular of the let of May of teat year,
dated from St. Petersburg, the commercial world was
informed that Charles Thurneyssen would henceforth
have the direction of the company, and that he was,
moreover, charged to wind it up ; 4, that another
circular of the 15th of October of the same year
made known to the public that the how° of Eirourg,
of Paris, would continue the business of the Com-
pany Thurneyssen ; 5, that Auguste Thurneyss:n
sent from Russia considerable sums, the fruit of his
labours in the house of Steiglits, to pay the creditors of
the company ;
"Considering that after the expiration of the company
a new convention was entered into on Jan. 25, 1852,
between Augnate and Charles Thurneyssen ; that ac-
bording to the deed duly executed to that effect a part-
nership was formed between the parties for five years ;
that it was therein stipulated that Auguste Thurneyssen
should be simply a commandigaire ; that his part should
consist in the capital which he had engaged in the pre-
ceding company, that the profit and lose should be equally
divided, without however the less on the part of Auguste
Teuroeyssen exceeding his sommandite ; that it was
stipulated in the same deed that the liquidation of the
(lir solved company should be made by Charles Thur-
neyssen;
" Considering that in order to set aside the qualifica-
tion and the legal consequence of that deed the assiznfte
oppose :-1, that it is neither serious nor bona, fide ; 2,
that not having made it public, and the deposit of the
commenclitaire not being determined, it was a collective
and jointly responsible company that was formed ; 3,
that it is proved by the books and documents collected
in the interest of the mass that the greater part of the
6 credits inscribed in the balance-sheet of Charles Thur.

neyssen, and the 'misapplications which have inopo;e
tished the assets, date back to the company, 1846, and
that it is therefore legal, just, and necessary to extend
to Auguste Thurneyssen the. declaration of bankruptcy
pronounced against his partner ;
" Considering, in the first plea, that the assignees
cannot divide the deed which ser►es as the foundation of
the pretension which they put forward tbat in esi.abiish-
ing that the con►ention had only the semblance of being
en oommanclite, and that in the intention of the parties,
it had for ot•ject, by facilitating the Clandestine continu-
ation of the company of 1846, to withdraw Auguste
Thurnsyssen from the obligations which the desperate
state of the affairs of that company imposed on him ;
" Considering that this condition is not fulfilled; that
on the o intrary, it resuits from the documents, fact-2, and
circumstances of the trial that the company of 1852 was
formed seriously and lona fide, and that it had been
most fairly carried into execution ;
" Con-ideri g, in fact, that it is proved on the one

hand that Charles Thurneyssen has alone managed the
cotsmon affairs ; that he alone has been in relation with
teheigrede parties
meetewere signed and has
in histreated
individualthem—thatth name—that
m_h
eall tthe
gat
the accounts kept in conformity with the convention
establisho
ma
poaouraypol er t el
3%4-67 reaotni ofind
ebetweenoh
athel sliquidation
T.
sen, and the operations of the new company, of whh
he was the manager ; that it is also proved, on the other
hand, that Auguste Thurneyssen signed the deed in dis-
pute at St. Petersburg ; that be remained there until
1854, attached to the house of Steiglitz ; that he never,
when either near or at a distance, was occupied with the
management, and that he entered into no engagement,
either direct or indirect, with any one whatever; that in
his correspondence he has always separated his condi-
tion from that of Charles Thurneyssen, a circumstance
calculated to striketheattention of third parties, because,
ep to the period of his departure for Russia, Auguste
Thurneyssen had had the principal direction in the
affairs of his house ; that, in short, it is not disputed '
that, full of confidence in the fortune and good faith of
his nephew, Auguste Thurneyssen never ceased to send
to him all the profits of his labours with the house of
Steiglitz ;
t` Considering that the letter written on the 28th of
February, 1853, to Count do Krasinski, far from mili-
tating against the declarations of the deed, serves to
confirm them ;
" Considering,in fact, that if Auguste Therneyssen
therein speaks of the affairs of Charles Thurneyssen as
of his own, which is in conformity with the truth, since
in whatever character hefiguted in the company of 1852,
whether as a jointly responsible partner or the person who
sapplie4 the funds, there existed between him ar d Chas.
Thurneyssen a community of interest, it is after having
expressly declared that, pessimist as he is, he sees with.
out uneasiness the remnants of his patrimony engaged iu
the house of his nephew—a declaration irreconcileable
with the idea of a collective company.
" Considering that on the second plea-1, that Article
42 of the Commercial Code does not attach to the non-
observance of the formalities of publicity any other con-
esp eueqbr ute lute cfi eon
for the
ehtrahenee itende
past; n
between
tal iwtt yet
ehonef
the
hob
ene
redeoennettdiroawne it
does
nho
gerilepgnaaerrdtt
tehst
parties,
altenhsdes
theirdefau
tc
eo
fnfseern
re
thatmaai tiss
faarsaist
rew gaasr dws htheinrdtphaerytigeasvtehe
r alities
cannot be brought forward with respic to them b 3 t ,e
partners, but that no rule of law authorises them wneu
they produce a deed liable to be declared null to divi is
it ; to substitute for the stipulations it contains others of
a different kind ;anti a making subordinate to a defect in
form the effect of the convention nt the company, wit()
whatever sincerity it may have been made and executed,
to extend to all the pal tnera personal, direct, and inde-
finite responsibility, when towards some of them it con-
fines itself to a determinate portion of their patrimony ;
" Considering, 2, that Auguste Thurneyssen, in stipu-
lating in the deed of 1852 hat the money he was to bring
into the concern should be fry med of the capital which he
had engaged in the company which had expired, has
suffioiently determined the sum which he brought into
the new company ; that the material operation of the
said acc ant was sufficient to fix the amount, and that
thus the intention of the commercial law was fulfilled.
" Considering, on the third plea, that if, as is alleged,
the credits inscribed in the balance-sheet drawn up by
the assignees arise in a great measure from the company
of 1846, and that it is necessary to carry back to the time
when it existed the misapplications of money imputed to
Charles Thurneyssen, the only indication to be drawn from
these facts is that this creditors of the company of 1846,
not paid or despoiled by Charles Thurneyssen, have
against Auguste Thurneyssen, who was the manager, a
jointly responsible action, and that they may exercise it to
its fullest extent, as the responsibility of the debtor
could not have been modified by the convention of 1852;
that it would be contrary to all notions of law and
equity that, on account of an unsettled liability in a
former company, a partner should be involved in the
declaration of bankruptcy caused by the insolvency of
the company which succeeded it, when from the nature
of the convention his person was protected from any direct
action ; that each of these cc,ropanies forms distinct
concern, having its own particular responsibility ;
" Considering, moreover, that if profits have been
unduly received during the company of 1842, and if it
itsle established tdhi
ea,t3
otihe ut
jeerer ahngareemheandt aft); which
resell ao
tceoamttprad
i bnei ete
sumsered teen!. sei
to ut
belongediiies ssanecteethrye
'astl actions of restitution ;
ehl
le
tf
for
r Augusta
ee t T n
paymentur
exercisen oe yf
o
assignees
the judgment appealed against as far as the
declaration of bankruptcy pronounced against Charles
Thurneyssenhas been extended to Auguste Thurneyssen;
Rejects the demand of the assignee, the judgment
as regards George Thurneyssen having effect for the
nsceives therein expressed ;
• And considering that the judgment, the quashing of
which is now pronounced, has been executed provision-
ally, removes the seals placed by the assignees, and
orders that all furniture, senorita, and papers seized
from Auguste Thurneyssen shall be restored to him ;
" Orders the restitution of the fine deposited on his
appe'al by Auguste Thurneyssen ;
"Conciensns the assignee to the oost of his appeal
against George Thurneyssen, and to all the other costs
both of first instance and appeal ;
" On the remainder of the conclusions nonsuits the
parties."

The Royal National Life-boat lasi tution is now
building lite-boats for Hastings, Holy head, Groomeperr,
Arch-11,re, and several other places ; and its liab.lities for
these, and for boat-houses and transporting carriages,
are nearly 3,0001. Under these circumstances, the
institution makes an urgent appeal for public suppori-.
ALARMING ACCIDENT TO LADY MARY HOOD.—Or,
Thursday afternoon, as Lady Mary Hood was leliv-
ing Park-.street, Windsor, on her return to Cumber-
land-lodge, driving a pair of spirited horses
in a sociable, she accidentally let fall one
of her reins, which coming agaira the heels of the
plunging
until they literally
horses set them kickin aud
kicked the c to piece-..
-43'1 H, od was throa
violently on the pavement and received a contused woui.d
on the face, her ankle sprained, and she was otherwiee
much bruised.