The Sun.
London, England, 1861-05-29 00:00:00

LAW INTELLIGENCE—(gIass Day).

COURT OF CHANCERY.
(Before the Lord Chancellor.)
APPEAL.--JUDGMENT.-•BLYTH V. BLYTH.

sir Hugh Cairns, Q.C., was heard for the appellant in
this appeal from a decision of the Master of the Rolls in
taking accounts in a partnership business between the par-
ties. Mr. Druse followed on the same side, and contended
that in taking an account of the partnership assets, the
covenants in the partnership articles were entirely over-
looked.

Mr. Selwyn, Q.C., appeared for the executors and
trustees of the late John Blyth, and supported the decree
appealed against.
Mr. Bovill followed on the same lido.

Mr. R. Palmer Q.C., was heard for the defendants.
The value of the property, as between an incoming and
outgoing partner, is fairly represented at the sum of
£23,209 Is. 6d., but if sold by public auction, it might not
realise more than half that amount. The learned counsel
submitted that the decision of the Court below should be
reversed.

Mr. Wickens followed on the same side.
Sir Hugh Cairns, Q.C., was heard in reply.

The Lord Chancellor, in delivering judgment, said—
Having heard the case fully argued by counsel on both
sides, I have come to the conclusion that it was for the
benefit of the married woman and infant to accept of the
offer made, and, therefore, the certificate of the Chief Clerk
and decision of the Master of the Rolls must be affirmed,
and the appeal dismissed, but without costs.

(Before Vice-Chancellor Sir William Page Wood.)

NORTH V. TURNEY.--4UDOMENT.

This was a competition between the indorsee of Bills of
Exchange, Policy of Insurance, &c., and the bankrupt's
assignee for the value of two cargoes of coals, £6,846 con-
signed to the Lords Commissioners of the Admiralty, 27th
November, 1858. The coals were shipped at Newcastle
under contract, and bills of exchange were transmitted to
London, but before delivery and the price paid the owner
became bankrupt, and the question raised was, whether the
indorsee or assignee was preferable.
His Honour the Vice-Chancellor was of opinion that the
two cargoes of coals were in the order and disposition of the
bankrupt at the time of his bankruptcy, and that his
assignee was preferable to the indorsee for the price of the
said coals, and ordered the money to be paid out of Court
to the assignee, with costs, without prejudice to an equi-.
table contribution of costs among the defendants.

POLICE INTELLTGENCE.—( This Day.)

MARLBOROUGH-STREET.

SCANDALOUS CRUELTY. William Henwood, cab
driver, badge 11,638, was charged before Mr. Tyrwhitt
at the instance of Mr. William Love, superintendent of the.
Royal Society for the Prevention of Cruelty to Animals,
with the following cruelty to a horse :

From the evidence of Jabez Heifer, one of the officers of
the Royal Society for the Prevention of Cruelty to Ani-
mals, Pall-mall, it appeared that this morning he saw the
defendant at the bottom of Waterloo-place, Pall-mall,
severely flogging his horse, which was drawing a four
wheel cab. He told the defendant to desist and come
down from his box, and on the defendant putting his hand
under the horse's flanks, he withdrew it full of blood. He
had previously seen the defendant lash the horse six times
with severity. Its flanks were cut to pieces, and there
were several bad sores, one about a foot long, and the horse
was in a very weak condition. The horse belonged to a
man named Richardson, in Gray's-inn-lane. He had
brought the horse to the court for his worship's inspection,
as he never saw a horse that presented a more shocking
spectacle.

Prisoner said it was a bad horse and he had had a bad
night.

Mr. Tyrwhitt having inspected the horse fined the
defendant 40s. or a month, and said the next time it would
be six months, and the officer should mention the ca se at
Clerkenwell, so that, as the owner of the horse lived in
that district, he might, if he took the horse out again, be
taken before Mr. Barker, who would know how to deal
with him.