The Sun.
London, England, 1858-03-18 00:00:00

LAW INTELLIGENCE.—(This Day.)

HOUSE OF LORD.-7-APPEALS.

Peer; present—The Lord Charcellor (Baron Chelm,i-
-f )rd), Lord Brougham, Lord Cranworth, Lord Wensley-
dale, and other Peers.

CLARKE AND ANOTHER T. NAM.
The further hearing of counsel in this part-heard
appeal was resumed this morning,

Sir Richard Babel!, Q. C., was beard for the opponent

The present appeal is brought against a eecree made
by the Maser of the Rolls in a suit of Hart against
Clarke. This suit was instituted by the respondent
(alleging himself to be a partner in this mining concern)
in order to have the 'dined partnership dissolved, the
accounts taken, and the property realised under the di-
rection of the Court. In pursuance of an arrangement
which towards the latter end of the year 1848, had been
made between the appellant and the respondent and a
Mr. Horn, the respondent undertook to negotiate
for the purchase of a certain mining property,
called the Goldscope Mines, in the parish of
Crosswaite, in the county► of Cumberland. By an agree-
ment dated the Ist day of November, 1848, the respon-
dent accordingly purchased of William Clemenoe, for
the sum of 11,0001., his interest in the mine, under a
take note granted to hint by Lieutenant-General Wynd-
ham. It was arranged that this agreement should be
adop'ed and the mines worked by them as a mining
undertaking.

On the 27th August, 1853, the respondent filed his
bill in Chancery, praying• for a dissolution of the part-
nership, an account to be taken of the partnership tran-
sactions, and as the said l pm was held for the benefit of
the copartnership, that the property might be realised
under the direction of the court, that the appellant
might be restrained by injunction with dealing with the
lease or interfering with i%he management of the com-
pany, that a receiver and ►manager should be appointed,
and that the balance of the net profits paid into court
be for relief.

The Master of the Rolls, and afterwards the Lo-rds
Justices found the plaintiff (tntitled, to the relief asked
by his bill, Against this decision the appellant
appealed and contended that the plaintiff had forfeited
his shares in the company by not contributing towards
the exoense of carrying it on, and that the bill ought to
be dismissed with costs.

Counsel for the appellant--Sir Richard Bothell,
Q. C- ; Mr. Matins, Q.C. ; Mr. Tapping.
Mr. Maline followed (Sir , Richard Bethel!) on the
same side and is now being heard feLtbe appellant.
Bennet and Stark, Furnital's Inn, appellants
solicitors.

Counsel for the respondent, Mr. Cooper.
G. W. Marsden, Queen-street, Cheapside, re-
spondents solicitors.

It is probable that the arguments in the same cause
will occupy the court the whole of this day.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulbourn.)
IN BR B. 111100“.

This was an adjourned meeting for choice of assignees
under the estate of this bankrupt, who was described as
of Tichbourne-street, auctioneer and picture dealer.

Mr Philip appeared for the petitioning-creditor, and
Mr. DAlton and Mr. Took for creditors to a very large
amount.

The choice had been adjourned at the instance of. Mr.
Dalton in order to give one of his clients, a gentleman
named Barton time to prove a sum of 7,9031. money lent.
It appeared on the previous occasion that Mr. Barton
claimed for money lent but could not produce any
of the securities which he had previously held,
namely, promissory note., as after they had been de-
posited, the bankrupt bad them returned to him on the
assertion that he could obtain money for them and re.
pay Mr. Barton, but he had neither repaid him or
returned the notes.

His Honour considered this a case in which the credi-
tor ought to have the opportunity of proving, and be
now did so, the bankrupt stating that he had put the
notes in the fire.

After some discussion, other debts were proved, and
Mr. Barton, who is a merchant tailor at Newcastle, was
appointed assignee, and Mr. Dalton, solicitor, to the
estate.