The Sun.
London, England, 1835-12-22 00:00:00

ABBOT V. BUItBIDGE.

This was an action of trover for several policies of in-
surance upon the life of a gentleman named Fluyd, amount-
ing to 4001.
Mr. KELLY appeared for the plaintiff, and said the action
was brought for the recovery of the deeds in question,
which, he would show, were obtained by the defendant, in
fraud of the plaintiff and other separate creditors of Fluyd
and Simpson, wine-merchants. In the year 1831 that firm,
which had been insolvent for some time, felt it necessary to
meet their creditors. Some negotiations were entered into,
and in December of that year the creditors agreed to accept
4s. 6d. in the pound, at four, eight, and twelve months,
without security ; at the same time having the policies
in question assigned over to them, they to pay the
premiums, and on the death of the party all their debts were
to be paid, and the residue handed over to the representa-
tive. The separate creditors, who were numerous and to a
large amount, were not considered in the arrangement in
question, and they now sought to set it aside, it having been
entered into with a view to the bankruptcy of the parties,
which took place in 1833; the last instalment not having
been paid. The joint creditors also took all the stock in
the hands of the firm upon that occasion, and though that
was not connected with this cause, still he used it for the
purpose of showing that a fraudulent preference had been
given.

The Learned Gentleman called Mr. Simpson, the
partner in the firm, who gave a history of the transaction,
but in his evidence he most distinctly stated that the ar-
rangement was made under pressure, and with a view to
carry on the business.
Mr. Sergeant WILDE said the action was one of the
wildest speculations that had ever been tried in a court
of law. It was clear, from Mr. Simpson's evidence, that
the arrangement was bona fide, and made in order to
save a bankruptcy. It also put the separate creditors in
a better condition than they were in before, for the joint
creditors bound themselves from suing until the expira-
tion of a year, so that the other creditors might for
that time have seized upon property which in other cir-
cumstances they could not touch.
His LORDSHIP summed up, and the Jury immediately
returned a verdict for the defendants.

CENTRAL CRIMINAL COURT.-
(THIS DAY.)

The Judges, Mr. Baron PARKE and Mr. Justice LIT-.
TLEDALE, took their seats on the Bench this morning at
ten o'clock, and the prisoners Harris and Balls were again
placed at the bar, on another indictment, charging them
with having certain plates in their possession, for the forg-
ing of orders for the payment of money, with intent to de-
fraud the Austrian Government.

Mr. PAYNE, on the part of the prisoner Balls, severally
challenged the whole of the Jury, and there being no other
Jurors in attendance—
The ATTORNEY-GENERAL called on the Court to sum-
mon and impanel another Jury forthwith.
Mr. Baron PARKE said that could not be so easily done,
the Sheriffs being bound, under the Act for the establish-
ment of that Court, to summon Juries from the four coun-
ties and the City of London in equal proportion. No in-
convenience could possibly arise from the postponement of
the trials on the indictments yet remaining till the next ses-
sion, and he would recommend that course to the Learned
Counsel for the prosecution.
The ATTORNEY-GENERAL said he had no objection to
adopt the suggestion of the Court ; and the prisoners were
informed that their trials would take place on Wednesday,
the 6th of January next.
The Court then adjourned until Monday, the 4th of
January.