The Sun.
London, England, 1850-11-29 00:00:00

DOE DEM. HALE V. GALVIN.

This was sn action of ejectment to recover pos
session of a house in Warren-street, Fitzroy-square,
on the ground that a lease made in 1795 for 99 years,
at a ground rent of 61. 6s. a year, had become for-
feited for breach of covenants contained in it, to keep
the house in good repair, and to insure. Several wit-
nesses for the lessor of plaintiff proved that the house
was in a wretched state of dilapidation, each saying
the other had not described it so bad as it actually
was ; and the attorney for the lessor of plaintiff
proving that he had inquired at every insurance office
in London, and found that the house had not been
insured since 1841, For .the..l-4-oce it was submit-
ted that as the covenant to insure was to insure
within three months after the premises then erecting
were completed, and also within three months after
the completion of any other buildings that might be
erected, this was not a continuing covenant to insure.
As to the othor covenant a witness was called, who
swore that he had recently inspected the premises,
and they were in a good and tenantable state of repair.
The jury returned a verdict for the lessor of the
plaintiff.

Mr. Sergeant Shee and Mr. J. H. Hodgson were
counsel for the plaintiff; and Mr. Prentice for the de-
fendant.

COURT OF BANKRUPTCY, Nov. 28.

,
Mr. Commissioner Fonblanque took his seat on the
bench at a quarter to four o'clock.

IN THE MATTES, OF JOHN H. DOYLE.

Mr. LAWAANCE opened the proceedings by reading
a letter from Messrs.. Capes and Stuart, who, it may
be recollected, offered 9001. for Doyle's share in the
Weekly Chronicle. The name of the bidder was not
mentioned on that occasion, but to-day Mr. Lawrance
said it was Dr. Seymour, who alleged, as a reason
for the withdrawal of the offer, that he had received
no answer to his letter from Doyle. The Learned
Gentleman observed that it was quite impossible Doyle
could negotiate, as he was a bankrupt, and therefore
could not sell his interest.

Mr. BAGLEY would give a brief history of the case
before he proceeded to examine the witnesses.
Mr. LAWRANCE objected. Mr. Ashurst had pre-
viously opened the case, and they would not have it
opened a second time.
Mr. BAGLEY apprehended be had a perfect right to
do so.

The COMMISSIONER decided against Mr. Bagley.
The petitioning creditor, Edward Russell, of Daw-
son-street, Dublin, was then put into the box. He
was examined at great length. Many of the facts he
deposed to have already appeared in the reports of
the various meetings held in this matter. He gave
testimony as to the three bills at 6, 12, and 15
months, as part purchase money of the Weekly Chro-
nicle. The amounts of the bills were respectively
80/., 801., and 90/. ; the largest bill bearing the
longest date. His brother, R. W. Russell, informed
him of his intended purchase of the Weekly Chronicle,
which " everybody said might be made a desirable
paper. We have been promised the support of men
connected with the Government, and of other influ-
ential persons ; and indeed I have no doubt but we
shall do, if we start with spirit." This is an extract
from a letter of R. W. Russell to the witness. He
went on to state that he accepted the three above-
mentioned bills at the, request of his brother. In
July, 1849, R. W. Rdssell was witness's debtor to
the amount of about 601. He did not hear any more
of the bills until January last, when Doyle visited
him in Dublin. They had no conversation about the
pecuniary aff.sirs of himself or his brother—none
whatever. The second bill was paid by witness iu
August last—it fell due in July; that bill was en-
dorsed by Doyle. Apprised the proprietors of the
Weekly Chronicle that he had paid it, and was
directed to draw on the Weekly Chronicle at a month's
date. Did so. The bill was returned accepted by
his brother " for self and partner," and subsequently
dishonoured. Wrote again, stating the fact of dis-
honour, and received a letter from Doyle in his own
hand•writing, asking for time. Had paid a 1001.
bill previously on account of the Weekly Chronicle.
His brother wrote to witness for 100/. ; returned an
answer, stating that he could not conveniently ad-
vance the money, but instead accepted a 1001. bill,
which witness paid. Had never been paid either the
801. or the 1001. bill, and was now a creditor for both.
Witness, in the course of his examination, had been
asked to produce letters from his brother to him, but
only did so in a few cases.
Cross-examined by Mr. LAWRANCE—Spoke of his
accounts with his brother from documents partly fur-
nished to witness by his clerk, before he left Dublin,
and partly by his brother, since his arrival here. Ge-
nerally destroyed the letters he obtained from his
brother. li2pt a letter-book.

Mr. LAWRANCE—Where are your books ? Wit-
ness—They are at home.

Mr. LA RANGE—' did you not bring them
with you? Witness—l did not think it was ne-
cessary.

CO.I:IIIISSIONE2.—Do your books contain entries of
these transactions ? Witness—They do.
COMMISSIOIiER—Then, why did you not bring
them ? Witness—l did not think it was essential.
Mr. LAWRANCE—Were you not served with notice
to bring them ? Witness—No.
Mr. BAGLEY—Has the other side required him to
produce them ?
Mr. LAWAANCE—Yes.

The files of the court were then referred to, and it
was found that the usual notice to produce " books,
papers, &c.," tending to establish the debt of the peti-
tioning creditor, had been served upon Mr. Ashurst.
COMMISSIONER—Without any notice the petitioning
creditor is bound to produce all books, vouchers, &c.,
relating to the debt..
Mr. LAWRANCE—At whose instance did you in-
stitute the proceedings ?
Witness—At my own.
Mr. LAWRANCE—Do you swear that? Witness—
I London abouto;butitis
three tiecessmaroyntfhosr
amgoe,toaned my brother xplain. I was in
L
in-
formed me that he was very unpleasantly situated.
He said he did not know what to do; that his partner
had promised advances of money, but failed in making
them. We spoke of the bills which were becoming
due. He said, "I do not see anything for it but your
making me a bankrupt." I said it would be a great
disgrace.
Mr. LAWRANCE.-410 said nothing then of making
Doyle a bankrupt? Witness—No; he only spoke of
himself. He said it would save him from ruin, and
myself from being perhaps a very great sufferer.
When the bills were dishonoured I wrote to my bro-
ther to know if he could recommend to me a London
solicitor, 'and he recommended to me Mr. Ashurst,
who advised the present course.
Mr. LAWRANCE—Did you make your brother
bankrupt ? Witness—No, 1. did not ; he gave security.
Mr. LAWRANCE—Havo you taken any proceedings
against him since ? Witness—I have not.
The witness was then interrogated respecting the
securities for the petitioning creditor's debt, but no-
thing material was elicited.
Mr. LAWRANCE—Acting so disinterestedly, does it
not seem strange that proceedings should be only
taken against Doyle ? Witness—When I gave in-
structions I thought both were to become bankrupts.
COMMISSIONER—Did you ever state to Doyle that
you had money of your brother's in your hands to
meet those bills ? Witness—I had but one conversa-
tion with him.
COMMISSIONER—That is no answer. I ask you
again did you state to Doyle that you had money of
your brother's in your hands ? Witness—Never.
CommisstoNaa— If Doyle swore that you told him
so would that statement be true or false? Witness—
False.

Mr. A. Winter was then examined.—l am the
person with whom the contract was made for the sale
of the new:Taper. The first bill was due in January,
1850. The first bill, 801., was paid in London;
the second, VI., in Dublin ; the third, 901. was dis-
honoured.

Mr. LAWRANCE-7-YOU acted as agent to Sir H.
Ward ? Witness—No, .I did not ; that has been
misunderstood. The Weekly Chronicle was my
paper. I, did irlbt act as an agent. I purchased the
paper from •ir.X. Ward. Witness said he would re-
iatc the circumstances, but
• The. CommissioNEn. said he did not think such a
statement would be material.
A. gentleman who had been connected with the
Weekly Chronicle here repeated the statement made