The Sun.
London, England, 1821-10-04 00:00:00

COURT OF REQUESTS, OCT. 3.

ASSIGNEES Or XGLONY V. JOIN' ATKINS, ESQ.

This case. was called on again to-day, according to the order
of the Commissioners at their last meeting. The rehearing ex-
cited increased interesteas it was understood that the defendant
would, in person, resist the demand. A fall Bench of Com-
missioners attended. Several took their seats for the first time,
and as soon as the usual oaths had been administered to them,
Mr. John Atkinson, one of the Assignees, stated the case in
support of the claim. He said that the debt was due to the es-
tateof Matthew Molonyea.bankrupt, for work done to the car-
riage of Alderman Atkins ; that since the first hearing every
pains had been taken to ascertain and investigate the particu-
lars of this long standing debt, and that the result had been
most satisfactory to the Assignees ; fier, in addition to the Bank-
rupt having sworn to the correctness of it, before the Commis-
sioners under his Bankruptcy, be (Mr. Atkinson) had a wit-
ness in attendance to prove all the-facts, who had himself per.
fanned part of the work—that the carriage was launched in the
Spring of Me, and that in the September following it had been
sent to the Builder's to have the braces taken up, and that the
Alderman's coachman, on returning with it, had, unfortunately,
as he understood, run against a coal-waggon in London Wall,
and damaged the carriage so much as to bei obliged to return
with it to the coach-maker, and that, in eonseqieence, one side
was p:ithed, and the splinter-bar repaired, and that this had
caused the demand before the Court.
J. Tutton was then examined by Mr. Atkinson, and proved
that he was in the employ of Molony, the Bankrupt, in the
year 1815, and that he recollected the building of Alderman
Atkins's carriage, and the accident soon after it was launched,
which insured the pannel and splinter-bar ; that he had repair-
ed the splinter-bar, and that the charge for the repairs was, in
his opinion, extremely moderate.—The witness was then cross-
examined by Mr. Alderman Atkins ; but nothing was elicited
to vary the statement of the witness.
Mr. Js. Hrre ius;, the other Assignee, proved that he had
examined the Bankrupt relative to the debt, and that he was
present when alolony swore to the correctness of it, before the
Commissioners under his Bankruptcy, and that he (Mr. H.)
had himself frequently applied for it during the years 1316 and
1817, and at various times since that period.
Mr. Alderman ATKINS addressed the Commissioners at con-
siderable length, contending, with great ingenuity, that he was -
not liable to pay for the repairs which had been done to his
carriage owing. to the carelessness of his servant, and that till
hat day the injury sustained by it was unknown to him. That
he had paid the bankrupt a balance subsequent to the period
when the accident was said to have happened, and that there
was a variation in the accounts, which had been delivered to
him, as to the time when the work was alleged to have been
performed, and that upon these grohnds he considered himself
not liable to pay the debt.
Mr. ATKINSON, in reply, stated, that it might possibly have
happened that the Worthy Alderman did not know of the in-
jury which his carriage had received till the bill for the
repairs was delivered to him, as the coachman might have felt
some diffictilty in pro Claiming his negligence to his master ;
and that with regard to the other objections, the bankrupt had
sworn to the debt under the commission of bankruptcy against
him, so that it *as imposaible it could have been included in
the balance which the Alderman said he had paid the bankrupt.
That as to any inaccuracy in the dates, it was not to be wondered
at when it was known that it had taken the Assignees 4 months
to bring the Bankrupt's books up to a close, and, he trusted,
he had proved that the work was done—that he had shewn, to
the satisfaction of the Commissioners, the justness of the de-
mand, and he confidently looked forward to their decision in, his
favour, as men of business and respectability.
The Commissioners having consulted together for some time,
unanimously declared it to be their judgment that the Defendant
should pay the debt and costs.

On Monday, GEORGE GALLOWAY, Esq. was
sworn into the office of Chief Magistrate of
Exeter, for the ensuing year; W. CROCKETT,
Esq. sworn into the office of High Sheriff ; HUM-
PHREY HILL PINIIEY, Esq. was sworn into the
office of Receiver; and HUGH MIDDLETON Euut-
COME, Gent, appointed Under-Sheriff.
The frequenters of the Royal Exchange are
soon likely to be gratified with hearing their
favourite tunes on the chimes, a new set having
yesterday been hung in the new dome.