The Sun.
London, England, 1826-01-25 00:00:00

THE LORD MAYOR'S COURT.

IIEYHELL V. EVERETT AND coTriEns, omrsirsurr.s,
EniNDL EY AND OTHERS, THE DIRECTORS OF THE
OUOUND-RENT costrarer, DEFENDANTS.
This was an attachment sued out upon the money belonging
to the Ground-Rent Company, in the hands of 3lessrs. Everett
and Co., their bankers. The plaintiff is a creditor to the com-
pany. anti sought to recover the sum of 1109/.
Air. BARNARD said, he hoped to be able to make out, in
his Lordship's judgment, a prima facie case. The question
was, whether there was money belonging to the defendants in
the hands of the garnishees, and the mode in which he should
proceed to prove it was, by giving evidence that on the same
day the attachment was laid on any money in the hands of
Messrs. Everett, a person called in company With the plaintiff',
and obtained an interview with Mt% Everett, who, in answer
to the inquiries made of him, said, that any money in his
hands belonging to the Ground-Rent Company, was there to'
the credit of the directors.' He knew nothing about the Ground-
Rent Company as a body. He did not give the names, be-
cause he considered he should not be doing his duty to his Cus-
tomers, had he said that any money in his bank was placed to
the credit of the directors. ' In order to she* who the directors
were, he should spew a prospectus, containing the names of
that when
per.
tilvieolliere:etnotrso,wainrdnalirze ho
lesfoprettillittowtohueldplntholtiebeasfotriensdp,onsible
sons, they would, when' the day of trial came, turn round and
deny that they were directors, or pretend to state that their
names were imposed upon the public. The capital which it
was stated to the public the COmpany possessed was 350,000/.,
in shares of lOU/. each.

P.
11. Ebsworth, the clerk to Messrs. Butterfield, nttornies
for the plaintiff, called nn the 17th of November at Messrs.
Everett's, in company with the plaintiff, and saw Mr. Everett.
Witness stated, that he had a claim on the Oroural Rent
Company, and inquired what funds belonging to it there were
In his hands. Mr. Everest said, we do not know the Com-
pany. The money we have received is on account of, the
directors. On the 3d of December witness went ;wain, when
he saw hlr. Milner, u clerk to Messrs. Everett and Co., who,
when asked the amount of the money in their hands to the
account of the directors, turned to the books, and said there
was a sum of 3001.; witness asked for a prospectus, and could
not get one. _

William 'Watts, the clerk to the plaintiff's attorney, Produced
a prospect, which he obtained from Alt'. Cleft's ofice, on the
17th of November.

.antes Cleft, of Gray's Inn, solicitor.— fie was joint soh-
tor to the company, and he proved the issue of the pro.
apeetus.

Croo-examined by. Mr. BoLtAxn—llati not seen MI the
defendants acting as directors.

.31r. ttolland—l see in this list many respectable narneg-
The witness said': he knew they were approved and entered
in the books as directors. A number of applications were
made for shares, and,they were appropriated. lie ittii not know
the fart of the shares being issued ; no shares were issued to his
knowledge.
Ajuror asked witness if he was sure all the names of the
directors were used with their consent?..-The witness only knew
that some attended. .
31arit Milner, clerk to Everett and Co,, proved that the house
had 3004 to the credit of the ground Rent Company, and that
The bankers gave out the prospectus. A delhmit 0121. per share
was paid in on some shares. .
The Rrt.totunth.—Are the manes of the Directors in the
prospectus the. same as those who have credit in your books ?
Witness.—ln the honks Ow act!Stint is headed " tlieGround
Rent Companyii*
A Juror.-- That eontrailicts what Tdr. Everett udil himself.
th
T:alreecCoqrau tlliteict:trtellit:LieatitridtalasnmittsoeinaierteyCdoli:oti:ti
r:tchot they
cycsitarrtreaeianticcdttiitri:ipiciot,;(k of s i,yl:,
they can rccever hy the rat-cm of the (,round Rent Company.
bent; received by ttae bankers, to the
„ • ,
to itri'itner
was proVed to hare
by the sittuis,ion fit: Mr. Everett, it should not be for the.last
venoms to contradict ; nor should the books countervail what
the garnishee himself :scam!.
The ItECtiltlitft.-1 am clearly of opinion that every