The Sun.
London, England, 1826-07-15 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY—(Tma DAY.)
miLusn V. VIZI.LISH.

Mr. ShadweU stated, that one of the parties had been
ordered to be paid out of Court a moiety of the money in
it ; that order was appealed from to the House of Lords,
and he was now instructed to ask that the money should
not be parted with until thq appeal could be heard.
His Lordship said, as serious doubts were entertained
about his order, it became necessary for him to consider
whether security ought to be given for the money to be
paid out ; but he should not stop the payment of the money.
Mr. Horne said security had already been given to the
Court.

Mr. Shadwell was not content with that.
Mr. Horne then insisted upon the motion being regu-
larly made, which he should be prepared to meet.
His Lordship then ordered the motion to be made on
Monday.
IN THE MATTES, Or SIE CSEGORT PAGE TWINER, A LUNATIC.
Mr. Phillimore was instructed to renew the presenting
of a petition in this matter. The petition had been men-
tioned before, by Mr. Heald, but it was deemed necessary
to renew the application. The petition prayed that the
master's report, appointing Sir Henry Dryden the com-
mittee of the lunatic's person, might be' confirmed. Sir
Henry, with another; were appointed committees of the
estate, and Sir Henry having also been reported as a
proper person to be the committee of the person, he was
anxious to get the report confirmed, that he might take
immediate steps to release the lunatic from prison.
His Lordship enquired whether the master had been n—
gularly attended when he made this report.; and on being
answered in the affirmative, he confirmed it

CItAWSHAY V. COLLINS.

His Lordship went through all the particulars of this
case to-day, with a view to decide the doctrines of law
applying to it; and from the circumstances of it came to
the conclusion, that it was to be considered a continuing
partnership.

One of the partners in this case, a Mr. Noble, became
a bankrupt, which, of course, dissolved the partnership.
Accounts were not immediately taken, but in about a year
after the bankruptcy, Mr. Collins, the continuing partner,
said he was willing to close the accounts, taking the bank-
rupt's share in the profits to cease at the time the bank-
ruptcy happened; the assignees would not consent to that,
but insisted on having profits up to the time of taking the
accounts, namely, during the year after the bankruptcy.
Mr. Collins then said, the Court of Chancery should settle it.
It has now been here for about 20 years. It appeared, that
if accounts had been taken when the bankruptcy happened,
audgall demands due from Noble to the partnership had
been paid, there ; would have been a share to have been
paid to hini; and whether that had been so or not, the law
was, that a continuing partner should not be at liberty to
carry on a trade with a retiring partner's property, without
being called upon to account for the profits. It was to be
looked upon as Mr. Collins' misfortune that he had re-
fused to account for the profits as the assignees at first
desired, because the Court could now see no period at
which the taking of the accounts could be ordered to
stop short of the present moment. The Court would
therefore hear, on Wednesday, any claims Mr. Collins
might be advised to make for Just allowances, on the
ground of additional money, of advanced personal labour,
&c. The trade was carried on in this case for a consider-
able time after the bankruptcy happened, and subsequently
a large sum of money was ordered to be paid into Court.
His Lordship' desired, in the strongest terms he could
utter, to impress on the minds of all commercial men en-
tering into partnerships, the very great and imperative ne-
cessity of having it distinctly stated, in writing, how the
partnerships were to be wound up at the dissolution, by
whatever event the dissolution might happen.