The Sun.
London, England, 1857-02-19 00:00:00

KINGSFORD v. MERRY.

All the stages of the great dock warrant question
connected with the case of "Kingsford v. Merry"
appear worthy of each other. In the first instance
the Court of Exchequer decided that Messrs. Merry
and Sons, as innocent holders of a dock warrant for
a valuable consideration, could not be forced t r re-
fund its proceeds, although the warrant bad been
wrongfully acquired by the person from whom they
received it as a pledge.- This was perfectly iu ac-
cordance with the feeling of the mercantile commu-
nity, and the judgment was rendered still more
satisfactory by a declaration from Chief Baron
Pollock, that if any other view were to be adopted
it would be impossible for business to be safely
carried on. Upon a further hearing, moreover, be-
fore a full Court the bench re-affiantal the decision.
It wAs tht,n, however, carried by appeal before the
Court of Error, and here the judgment was reversed.
The scandal of such contradictions having attracted
great attention, it was apologAically represented
that none of the judicial authorities were at vari-
ance, but that the difference betw. en the two de
cisions bad been consequent upon the case having
I been differently stared before the two Courts.
The solicitors and counsel emeloyed forthwith
proved that this allegat on was erroneous, and that
all the points placed before the one Court had been
equally submitted to the other. The fact that the
confu.ion lay with the Courts themselves, and that
considered it time to
the only mi ans of obtaining an absolute declaration
of what the law really is would be by an appeal to
the House of Lords, having thus been established,
theurge mercantileuutueG
community
the necessity of intro-
ducing a measure that would free them for the
future from the danger and uncertainty of such
ruinous litigation, and at the same time fix the
matter on a basis in conformity with the principles
which had always b -en considered to prevail.
Although nothing is more difficult than to induce
Lend,
action in
in to move in
athbeomdyerocnhaanntys and bankers
suof Lrn
subject,
jeet,
their
this case was prompt and vigorous, and at one of
the largest and most influential meetings ever held
a comieittee was appointed by a vote, to which
there was only a single dissentient, to adopt the re-
quisite proceedings. Baron Rothschild, as member
for London, occupied the chair, and heartily con-
curred in the resolutions. The next that is heard
of the question is tkat the Government would
be happy to promote an adkistment of the law, but
that they have had no satisfactory evidence that
the mercantile community entertain any general
wish upon the subject. On the contrary, they
knew that the "chairman of the meeting (Baron
Rothschild) was himself opposed to the objects of
it." A public and unequivocal statement then
followed that this idea about Baron Rothschild
was an entire mistake, of a piece with all the
other discrepancies of the affair. Next comes a com-
munication from Mr. Freshfield, addressed to the
Committee of Merchants deprecating any change in
the existing law. This at all events seemed calculat-
ed to exercise a definite influence on opinion, since
commercial men could Bow ascertain the views of
one of the most eminent solicitors connected witn thn
commercial practice of the city of London. But
instead of promoting a solution, it was only a signal
for new perplexities. Instantly on its appearance it
was met by a full reply from Mr. Lavie, a gentle-
man who, like Mr. Freshfield, occupies one of the
highest positions as a commercial authority in the
metropolis, and who has for 30 years given especial
attention to the state of the law in its bearing on
analogous points. We have thus the whole matter
brought to that peculiar degree of confusion unat-
tainable except where legal gentlemen are the ex-
pounding parties, and which forms a chapter for
merchants and financiers almost as instructive as
the proceedings to secure speedy and economical re-
lief Tor the unfortunate shareholders arid depositors
of the Royal British Bank. —Times City Article.