The Sun.
London, England, 1832-11-20 00:00:00

i UDGMENT.-.-.SMALL V. ATTWOOU.

At the sitting of the Court this morning, Lord Lnin-
rtuasr said that a motion in this case had been made be
fore him on Saturday last. He had read over the papers
in it, and seeing nearly all the parties pressnt he might as
well state the opinion he had formed upon the case.
The original bill bad been filed for the purpose of setting
aside a contract entered into by the plaintiffs, as directors
of the British Iron Company, with Mr. John Attwood,
for the purchase of certain iron works situated in Stafford-
shire, upon which contract a sum of upwards of 200,000/.
had been paid. The Court, after patiently hearing
Counsel for both sides, bad made a decree by which the
said contract was declared null and void, on the
ground of legal fraud and wilful misrepresentation,
and ordered that the plaintiffs should account for the
profits of the works while in their possession, and that
the defendant should refund all the money received under
the contract, with the dividend to which it had been
entitled. The motion was made for the purpose of asking
the Court to interfere and prevent the defendants from
parting with or transferring a quantity of stock, amount-
ing to the sum of 192,7601., alleged to be the produce of '
the bank notes received by the defendant, John Attwood,
from the British Iron Company under this contract.
Now, as the contract had been set aside as fraudulent, it
clearly would follow that nothing done under it could be
considered as legal or could stand ; therefore, if those
notes, so received by Mr. Attwood, had still been in his
hands, it was clear that they would be considered as
the property of the British Iron Company. Many cases at
common law had been cited by Counsel for the plaintiff,
which on the part of the defendant were said to I e
no precedent for that Court, and that they had been im-
properly brought under its notice. He considered they
were very properly cited for the purpose for which they
were used, viz., to show that where property acquired by
fraud was clearly traced, it could be followed. As ke said

‘., tote, hod those notes still b er. tt.t, ituvoll/4:013 of 311:.
Attwood, he would have interfeted to prevent him from
parting with them. It was said for the defendant that
this case was similar to that of Lord Bolingbroke v.
Cator in 2d Brown; there Lord Bolingbroke sold an
estate as free from incumbranees, and applied the purchase
money to the purchase of stock, which was vested in trusjf,
tees. Cator did not apply to the Court to set aside the
contract, but that he might have a lien on the stock to
compensate him for the loss he sustained by the incum-
brances ; in fact, by his very application be confirmed the
contract. In his opinion that case did not at all
apply to the present one. These notes having been laid
out in the purchase of stuck, the next point to he con-
sidered was, whether any injunction should issue as ap•
plying to the said stock. _ _ _

" -Tl;e case of Taylor v. Sir Thomas P:umer, had been
cited. By it it was decided that where property obtained
ny fraud was applied to the purchase of other property,
the substituted property, if clearly traced, was liable, and
could be followed ; therefore, if this stock had still con-
tinued to stand in the name of Mr. John Attwood, and
had been clearly proved to be the produce of the notes
in question, an injunction must have been granted.
fhe question then was whether the stock was the pro-
duce of those notes. The evidence upon that point vas
extremely clear up to a certain point—the checks r id
by the British Iron Company to Mr., Attwood were presen ed
.t the Bank of England, and that of Poole & Co., for
which marked notes were given, and these identical notes
are traced into the bank of Hammersley and Co. The evi-
dence on this point is, that Mr. Attwood delivered these
same notes to his broker, in order that he might purchase
,tock. The broker pays them into the hands of Darien
and Co., his bankers, in order that they might apply them
to the payment of those stockholders from whom he might
purchase it. Darien and Co. pay those stockholders, not
in the identical notes, but certainly on account of them
they pay them an equivalent ; therefore, in his opinion,
the stock could only be considered as the produce of those
notes, and as much so as if the notes themselves had been
paid by Darien and Co. Therefore he should be of opi-
nion, that if the stock bad continued in the name of
Mr. Attwood, the injunction would have been granted.
But such was not the case ; for in 1831, when this suit was
originally instituted, it was found that this same identical
-um of stock, even to the fractions, was transferred by
Mr. Atwood into the name of Phoebe Attwood, his mo-
ther, sod it is strongly stated on the other side that this
transaction took place without any consideration. An.
other circumstance that was strongly insisted upon by the
plaintiffs was, that, after the transfer, Mr. Attwood re-
ceived from his mother a power of attorney, by which he
received the dividends ; but at the time when it was ex-
pected the Court would have given judgment it was found
that that power was revoked, and a new one made to a
stranger named Wells. It was insisted that these circum-
stances clearly showed that the property was still in Mr. Att-
wood, and that his mother acted merely as trustee for him.
There were no affidavits made on the other side. They
had had the opportunity of showing that the property be-
longed to Mrs. Phoebe Attwood, and that a valuable con-
sideration had been given for the transfer. That they had
not done ; therefore the injunction must be granted in the
terms prayed.

CHOLERA MORBUS, OFFICIAL REPORT.

CENTRAL BOARD OF HEALTH.
COUNCIL OFFICE, WHITEHALL.—(THIS DA Y.)
DAILY REPORT of CHOLERA CASES.
New Cases. Deaths. Recoveries,.
England and Wales 29 S 42
Scotland lO 3 12

39 11 54
(Signed) WM. MACLEAN, Secretary.

THE MARKETS.-(THIS DAY).

HAY MARKETS.—(At per Load of 36 Trusses.)
CUMBERLAND (LA l'E ST. JAMES'S.)
Coarse heavy Lowland Meadow Hay £2 10 to £2 15
'dew Meadow Hay ... 2 15 3 15
Useful Old Ditto 2 15 3 10
Fine Upland Meadow and Rye-grass Hay ......
.;lover Hay 4 5 5 10
Oat Straw .£1 Bto £1 101 Wheat Straw ... 1 12 1 13
A limited supply, and a steady trade; prices stationary..
SMITHFIELD.

Coarse heavy Lowland Meadow Hay £3 0 to £3 5
4ew Meadow Hay 3 0 3 10
Useful Old Ditto 3 5 3 15

Fine Upland Meadow and Rye-grass Hay......... 3 15 4 0
Clover Hay (extra fine).-X5 5-Generally 9 15 5 0
'at Straw ... 6to .£1 8 1 Wheat Straw.... 1 10 1 N
A moderate supply, and a dull trade; prices as last quoted.

SPORTING INTELLIGENCE.

TATTERSALL'S

The Welch horse Prince Llewellyr. was backed at 14 to I in the
early part of yesterday, and at the close was at 12 to 1. Forester
and the Moses's dam colt were also backed ; and the odds were
taken to a considerable amount about Cooper's stable, by a Noble
Lord. Of this lot the Twatty colt seems to have the call. No-
thing done about the :first and second favourites. The prices.
'staged as follow :—.

DEASY, 1833.
8 to 1 agst Mr. Ridsdale's Glaucus
10 to I agst Mr. Rawlinson's Revenge
12 to 1 agst Mr. Mos,yn's Prince Llewellyn
13 to 1 agst Captain Hunter's Forester (taken)
18 to 1 agst Duke of Rutland's Moses's dant c.
25 to 1 agst Mr. Walker's Boscobel
25 to 1 agst 11r. Ridsdale's Y. Policaria colt
The others as before.
3000 to 300 taken about the following lot (Cooper's) :—Jane, P.l-
- Nonsense, Twatty c., and Whiteboy's dam c.

THE FUNDS.-(THIS DAY.)

CITI', TWELVE O'CLOCK.

By the French mail this morning the accounts from
Amsterdam state, that although the cold vreather for these
few days has been severe, there has not beta any sick sent
to the hospitals from the army, and it is impossible to de-
scribe the enthusiasm that prevails amongst the troops ;
the various entrenchments and inundations baying been
accomplished by the soldiers.
Accounts from Brussels state that two Prussian regi-
ments have arrived at Neuss, a short distance from Bel-
gium, on the side of Veratoo, and the head quarters of the
Belgian army are to be esrablished at Lierre to be near that
of the head quarters of the French army.
A letter from the Hague states that the Prince of
Orange insisted at a Council held, on an immediate attack
of the Belgian army, and that he was sure of victory,
-yen if the French army had entered Belgium, but the
King opposed the resolution.
Letters from Frankfort state that symptoms of war now
appear in all directions. The Russian troops are can-
toned on the extremity of Poland. Great masses of Prus-
sians were proceeding to the Rhine. Travelers who were
proceeding from Dusseldotff to Brussels could not pass the
frontiers, as the roads were encumbered with troops, and
in Germany the reserves were called out.