The Sun.
London, England, 1803-07-25 00:00:00

LtICISTRIIt kOSE AND ANOTHER.

This was an action against the Defendant and
his Partner, who are' Merchants -at Liverpool, to
recover a sum of money which they as collateral se.,
cur it y undertook to pay. 'l.stie circumstances of the
ease were shortly these : Messrs. Thompson and
Compor being in trade, had become insolvent ; a
Deed, of Tru,,t was entered into by, the Creditors,
giving these persons certain titne to pay their dehts
by instaltnentsto the Pl;linliii, who was a creditor
of these pers.ns so ra, Drge, amount ; he refused to
sign that Deed of Trust, without which it could riot
have been carried into effect ; and in order to induee
hits to do that, thin Defendants, who were also cre.
. dita
tifered hitn a col for payment
of the two last instalments,, and ihe.question was,
...whether this was or was nut a Fraud on the other
creditors

Mr, ERsict me contended,. for .the Plaintifr, that
this way tto fraud on ,the creditors, bccause the
'Plaintiff was not to .he paid swore than the rest'of
,the cre,litors, hut to have only a'collateral security
the Deleitt)fott that he should certainly receive
.rhe ,atne a.. the other Creditors, wrtieh was eia4tly
what the deed expressed. , .
But this wait Mit all for another part of the On.
,dertaking of the I)ctendatits was, that the Plaintiff
•simulti riot only have his money, but also the inte.
test on it.
,„„,iiin was, whether,
.after this, it
,was
not phicins, the Defendants in a,better situation
than the other, cr4ditotsl Lord Ei,LlNaolcoilcii
Ilistsglit. it was ; ,itn4 therefore Mr. li.a.4t HP b Lib .
inittea tb have Plaintiffnonsuited, upon Ravine
tlt- puimoavetl for the opinion of,-tlit Court.
lufl.

• *• • 4 • 'CV. IP. lioNIPEcCit.

g
Thisiwacaniadton of the Inclotsee Of a tinted'
Exchange againti(the Acceptor, for /1 1.1.z1. 14A. id',
It. 'appeared Bitt was draw o on I.3ition
. Hompesch, payable Same time after date ;4 , it
was presented to the.learon. by a Notary', when he
oia w
that he oad,tint accept it, but that it shituld
be paid when it became due ; the. Notary entered
this ir' hip' book at the time, and swore to' this 'an.
swer of the Baron when'ille nill was, presented fot
payment, but the Bill when presented was not paid;
Ettstutit, for the 'Defendant, said there y/44
a•mistinderstanding in this case ; the Defendant was
'a Hnngatian Nobleman in nor service. He said ha
did not impute any thing wrong to the Notary in
this case, but bethad misunderstood the Bartinyhen
he presented this Bill, for that his an4wer 4,as, chat
he wpult,l not accept the Bill, tot thatif it Was pre.
stilted 'to him •when due, he would consider whethei
beiwould pay it or not.
TWo witnesses were called on the p:lrt of the 1)e.;
fendant, but they did not make out this case by
their evidence.

Lord 'ELL Planoitoucin observed to the jury, it
had been decided' in a Variety 'of CM'S, Ili it :1 pm.*
mice t 9 pay 4 Bin when tltiiiniounted to an accept..
once, although that pi ornibe. was accompanied .with
:an express refusal to accept, and this was hdd
principle, btriiiuse the essence Of an aCceptance• wa
a promise to pay when it beeatne, due, and
therefore if the Juty believed the testimony of 'll4
Broker in this cagey the wai Clatitltti to a
verd itt.'

~V.l.rdiCt for the Plaintiff, damages t 142 t, iv.
Tilt Sittings were then adjourned to Thilf tay,
2 7 t h October.

The riii.idity with which the tide of popularity
run, iii savour of the amusements at the Circus,
'thitateits to Wet-sweep all competition. We never
attend that theatre, but, it is crowded with the
first company the metropolis can boast of ; we are
Of that,the Proprietors merit every success
. they meet with, for nu pains nor eipene{ is spared
in any of the departments, and the abilities of the
Performers need nu panegyric.
At the last :Quarter &Asians' of the. Peicel *holden
,at,North Allerton, 'in the County. of York, a wo.
man of the name of Thomatine Witham,/ of Whitbyi
in the wine CoUnty,
was prosecuted, by the direct
tions'of the Lords of the Admiralty, tor riotously
as,emblinu, with. oilier disorderly persons, o,,,the
to day of June last, in the streets of Whitby,
Anising, in,ulting and assaulting Capt .Rtewmtto
Itekulattng Captain at Whitby, spd,hiS
men, in the due execution of their duty in.imprest.
iris; Seamen for the Navy ; and she being convi4ed
at the offence,* was sentenced to be impriSoned anfl
kept :to bard labour in the House of ,Corr,:ztion 144.