The Sun.
London, England, 1819-08-14 00:00:00

NIXON V. BURN.

Mr BELL stated, that his Honour could not
have fnrL,ottet► the particulars of this case. It
was a 'dispute between the i•!aintiff and defendant
on the following grounds :—Nixon and Born were
partners in a grocery concern in Holborn ; Nixon
died in June last,
.Tel his brother came op to Lon-
don and administered to effects bot unfortunate-
ly could obtain no ai.conut Of his brother's effects,
nor was he even allowed-to see the deed of co.
imrtnership. The plaintiff was therefore reluct-
antly cootpelled to at,ply to
_the Vice.Clt,iicellor
tot' itlief, where lie obirtined the common injunc-
tion. l'itt re were since that twn nnyions to he
014de. one for t;ie appointment of a, receiv-i., and
the r 0 the injunction. Fit ,vOlll4l
h !Hwy siwgest, that the better• way for ail would
..i,.,t.. el.;. a.rt3. to Lbe al-Wise,
Lion of some Gent ientan lit the Bar.

Mr. lIRALD denied that there bad been any re-
luetat:ce to give information. '[lie injunction
h,dbeen granted against the disposal of partnyr-
ship monies, but there was no danger of that be.
jog violated, as there were no partnership pro-
perly of. any kind to put away. The funds in
question were very small, amounting to a few hun-
dred pounds only. The partnership concern had
been; agreeably to the articles, bought up by the
defendant, anti, of cones?, to deprive him of a,iy
thing, would be taking from him his owo, he
having paid full value for all tie held.
The Vice-CHANcELLott suggested the propriety

- -
of agreeing to a referenc,e for arbitration to one
of the Gentlemen at the Bar, as the tnost advisa-
ble step that J, ties could take in such a case as
the present. The private property, it any, should
also be ordered to he given up.

Mr. BtLi. denied that the hinds were so small
as were alleged, for on the contrary, he must in-
sist that they were very considerable ;' and indeed
he could have proved them to be so, had the time
°tithe Court permitted him to do it. He would
he glad, however, to- have the whole referred tA
arbitration, when in fact the justice of Mr. Nixon's
slairrts would uppvar.
Mr. 1.16Ai,D had not the slightest objection to
refer the whole to arbitration, as thus the parties
would save their small property from being swal-
lowed up in the immenseAvhirlpoolof this Court,

Mr. fiEL.I. said he would wish such observations
to be spared. The funds were not so small by
any means as was alleged, and ingtead of such ob-
servations being made, it would be better to send
the case at once, without comment, to the person
who was to art as arbitrator. Mr. Nixon bad
come Irom Bow, near and it was but
just that he shonld be satisfied of the truth re-
specting his brother's effects.
Mr. HEALD objected to any receiver being
ap-
pointed. -
Mt. BELL.sala be would not iosis, oo that part
of the motion, as the arhitrator would be the best
fudge of w hat should be done for the good of all
Far tea.

The VICE- CH ktiCFLloll.—Really the best way
for a:1 parties, Ai:. B 11, .v 11 he to ruler it to
the arhifrdli ,it ot Crew!, WHO at the liar.—
IV,lether the Lru!s hige or small is a matter
Ott hitle mouirtii • bee4ose whater, r !!kt y may be,
they Pal i .ta f ,•aati hp al e mote prothictive to
'be ivarttes, by the expellee of litigatiota
dvell I adtolahl taittk, shetef,tre, that vim had as
sy, Aer cto lvt tt t e retertett to the
dr,.tra or to take c,art, at pairtiershipaccotairs,

v ,re ropeily in and secur,d tier The
g.,0(1 ur ;41;. I ;,1•4,, sboub, F0ig..,•,,1 In you
t e ;I!4n.;.it•ty of his diree ing the whole of the per.
'oll4' !I,•'; eity to he tzi,ttn up, on hi, ,went cause
ri.he :..oin.tifors tot both side 4 «ill pte-
p,ie,s,4c.ii iniuutes a, will do tt,t, ease wort jus-
tice, which I nave Ito (limb) ‘vill be Let
the partie%, yt.i, see ripese inolutes beture
one t•rep takro. 1,0, I\ by tnus actin;; th.t
V.ll
- will 'l"tt:ttl di-It-1,({411i.
oide:r the in:k..ine.,;;Jh 1,1 int; iintii tithe to be cotl-

ylrolect tb Iltraperry In the interval ill
fair just ice is done to both, which is my wish.
111_this till parties agreed. We understand Mr.
Roupeli is appointed arbitrator in the case.
The Sittings Closed tit four o'clock. They will
not be resumed until the latter end of October.