The Sun.
London, England, 1828-10-27 00:00:00

(y kiE RI

This was an action to recover damages sestained•l
by the plaintiffs to the amount of upwards of 19,000/.,
in consequence of the ,alleged Jnisconduct of the de-
feeder) ts.
Sir JAMES SC.OLEtt stated the ease. The plain-
tiffs were Messrs. Longman; Rees, Brown, Green,
and Ogres, Who were well known as booksellers in
PaternosterstoW. It was a house which had been
long established, and was one of extensive costnexione,
and of great stability and affluence. The defendants
were partners in the late firm of Sir Peter Pole and
Co., bankere, in the city ; lied the action was brought
to recover a considerable sum of r.oney for damages,
to which they had been subjected on account of
improper conduct of the defendants, who had con-
spired with one of the plaintiffs' late partners to de-
ceive the other partners of the house. There were
many injuries which, by the misconduct of others, a
party might sustain, and for which no legal reparatien
could be obtained, though it was a maxim in our
law that there was " no wrong without a remedy."
In the present case, it was clear that a great
wrong had been done to the plaintiffs, and
he trusted that the law would extend to it, and en-
able the jury to award to the plaintiffs an ample corn-
pensation in damages. He would now lay before
them a short narrative of the facts, without making
any observations upon the law as applicable to there,
and when they had heard the case, he was quite
sere, whatever might be the law on the subject,
that they would entertain no doubt that the plaintiffs
had been most cruelly used. The plaintiffs were
formerly connected in partnership with a Mr. Thos.
Hurst. That gentleman, after having been for many
years a member of their firm, formed a connection
with a brother of his, Mr. John Hurst, and a Mr.
Robinson, who were carrying on business under the
firm ef Hurst, Robinson, and Co. Those gentlemen
succeeded Mr. Alderman Boydell in his business of
print-selling; and, after some time, they established
an agency with Messrs. Constable and Co., for the
sale of the works of the celebrated author of
Waverly, and they had art agency also with a Mr.
Jennings. Having procured considerable assistance
in bills, Hurst and Robinson were led to extend their
trade beyond their capital, and, after cor :hating their
business for some time, their stability a. length be-
came doubtful. In 1826 they stopped payment.—
Shortly before that period they were hard pressed,
and had occasion to avail themselves of the
credit of Mr. Thos. Hurst, to a considerable amount.
Of this fact, however, the plaintiffs were ignorant.
They had, indeed, observed that Mr. Thomas Hurst
had lent himself to their new establishment, but
they had no idea that he had plunged himself into
pecuniary difficulties on their account. The house
of Longman and Co. had for many years kept their
banking account at the defendant's house, and the
defendants had always considered them to be what
they really were—persons of good credit and 're-
spectability. In the course of the transactions with
the defendants, Mr. Thomas Hurst had raised money
to a considerable amount for the firm of Hurst, Ro-
binson, and Co. The defendants discounted bills for
him to a great extent, and at one time they bad ac-
commodated him to the amount of about 90,0001.—
Most of the bills which he drew were in the name
of Longman and Co. The defendants kept a pass-
bsok, in which were, or rather ought to have been,
entered all the acceptances which they paid for the
house of Longman; and this book was regularly
sent to the house of Longman, who cashier, Mr.
Angus, entered the bums in another book kept
by themselves, which was intended to form a
check on the defendants' pass-book. Mr.
They. Hurst wishing to conceal from his co-partners
the nature and extent of his bill transactions on
account of the new firm of Hurst, Robinson, and
Co., applied to Mr. Angus, who -was in the habit
of drawing bills for the plaintiffieeeem, and requested
that he would draw certain bills, and not enter them
in the cheque-book; and Mr. Thomas Hurst being
a principal partner in the house, the cashier thought
it right, in the first instance, to obey his drections ;
but the application being repeated, he declined to
continue such a course of proceeding without the
sanction of the other partners, though, at the same
time, he never knew or suspected that there was the
least wrong done, or intended to be done, by Mr.
Hurst, or that he was acting in any way improperly,
though he knew that he had connected himself with
the firm of Hurst, Robinson, and Co. Mr. Hurst,
however, succeeded in his object of getting the bills
discounted. One of them was a bill for 2,500/.,
drawn by a person of the name of Kilmingtore a
wine-merchant, at 18 months' date. It was taken
to a bill-broker to get discounted. The broker was
surprised to see a bill at such a long date drawn
upon the plaintiffs' house, and suspected it to be a
forgery ; and therefore, before he discounted it, he
thought it right to make some inquiries respecting
it. The result of those inquiries was, that he was
satisfied that the bill was drawn by one of the part-
ners of the house of Longman and Coe—namely,
Mr. Teemas Hurst ; and on inquiry at the de-
fendants' banking-house on the subject, he was told
that the bill was a perfectly safe and good one. The
broker, therefore, upon this assurance,_ got the bill
discounted. Now it was the duty of the defendants,
as the bankers of Messrs. Longman and Co.,
to make entries in the pass bock of all the accept-
ances which they had paid on account of the firm.;
but this bill which was paid by them never found its
way into the pass-book ; and it would appear by the
evidence to be adduced, that the defendants' clear-
ing clerk received express directions from one of the
partners, Mr. Down, not to make any entry of it
in Messrs. Longmans' general account; but merely
to enter it in the private ledger, or note book, which
was kept in the private room of the defendants. In
this particular instance the bill was carried to the
account of Mr. Thomas Hurst, the clerk being in.
formed that that gentleman bad lodged the money to
take it up. Mr. Hurst, however, had no private
cash- account at the defendants' house : he had, in-
deed, an account which was called the discount ac-
count, the defendants having discounted bills for him
to a very large amount, and he was at that time their
debtor. The transaction respecting the 2,5001. hill
took place in November, 1825. Some time after-
wards, a bill for 1,6001. was presented at the de-
fendants'
clearing house for payment by a clerk
of the Bank of England. That was a bill accepted
by Mr. Thomas Hurst in the name of Messrs. Long-
man. It was paid by the defendants, but net entered in
the puss book, nor returned to the plaintiffs' house.
A third bill, for 3,0001., was presented and paid;
but no entry of it was made in the pass-book. Ono
of the bills had the endorsement of Hurst, Robinson,
ane Co. upon it, so that the defendants were per-
fectly aware that they *ere discounting it for the
firm of Hurst, Robinson, and Co., and not for the
house of Longman. The defendants' clearing clerk,
according to the direction of Mr. Down, entered the
two bills of 2,5001. and 1,6001. in the private note-
book, and not in the passebook, and delivered the
bills to Mr. Down; so• that by this means the trans-
actions were effectually kept from the knowledge of
the plaintiffs. The object of this course of proceed-
ing was obvious; for if these bill transactions had
been entered in the pass-book in the usual way, the
practices of Mr. Hurst would have been discovered
by his partners, and his credit would have been dee
stroyed. The Jury would now see in what way the
plaintiffs had been damnified. lii November, 1825,
Mr. Thomas Hurst stated to his partners that he was
desirous of withdrawing a part of his capital from the
concern. Accordingly, a sum of 10,0001. was paid to
him ; and afterwards, on its being determined that
he should retire from the partnership, he received
a further sum of 37,000/. This took place on the
Isteof December, 1825, at the very time when Mr.
Hurst and the defendants were studiously concealing
the bill transactions from the knowledge of the plain-
tiffs. They, never dreaming of such practice, had
paid 47,0001. out to Mr. Hurst, and never discovered
it till the house of Hurst,Robinson, and Co. became
bankrupts, in the beginning of January, 1826, and
Thomas Hurst, who had joined that house, had be-

/

t Virsi ttrl
come a bankrupt along with them. I
discovered that Thomas Hurst had acceptel
Iyaids of 19,0001, in the name of the firm, of od
i hf.y knew nothing, but which they were col opt
to pay, after Hurst had withdrawn his capital', ~
rendered it impossible for them to avail thatssthit; `----...
of that in their own exoneration. They sow Agit .11EN
how the matter stood. The defendants had a 710 14
interest in the preservation of the credit of ilftipif C.M
Hurst, and the Jury would easily tuiderstain,, le 14i1,11
they had entered into this conspiracy with ht's q 41,4 s,
conceal his transactions from his partners. Thil.„4 , vi, t
discounted for him to the amount of 90,0174 Of kiencl
sum which they might lose unless the ergot; ej, Shinn
Hurst was continued. In consequence of this Pt• ;4kr I
ing on the part of the defendants, the plaint
SUM of 19,3421. 9s. sd.—a loss which they wiippt,
have avoided, had it net been for this faun .00 VA
transaction. This was the stun which 04" '; ort T 1
sought to recover from the defendants. I /I' _a it'LLI
'
John Angus, examined by Mr. BnouGmt•l',l • ' Ora
-litvi
clerk of the plaintiffs. Mr. Thomas Hurst 7;4' 0 k.I, rii
partner with them in 1824 and 1825. 18e jr' '11;14„ ~I
cashier. I did not enter the bills accepted bl`4llll„4iji,,
Hurst in the name of the firm. I was instruct's:4i i'llAr
Mr. Huist not to bring them into the books nr` tyo,:kai
house. I believe Mr. Brown did not know P lye gent.
concealment: The books put into my hands Os pi ko
bankers' pass-book sad our cheque-book. Therl„,,,d P.
several entries in the pass-book which, by de L FIR
Mr. Hurst, were omitted in the cheque-bonk• Ate Millo,
the 14th of October, 1825, Mr. Hurst delivered. , u,
2.,:_e 5,5001., and desired me to send it to the derrel ','(.‘ ,
ants' it:linking-house for the purpose of beingsPS4( ;N:1.1...',
pai.ment of two bills of 3,0001. and 2,2;e1 '.,
qtzest I made no entry of that t toe a w
atondthaet his re Olt t/tial
tion in the cheque-:.'wk• The plaintiffs, frolo,,,ya ,:l'iro
to time, saw the
iik,;:s-book when it_.,oi
tF,
cheque.;hook, but they were I've;Of N N
the habit of looking at the
from the bankers. Mr. Hurst app
quent to the 14th of October, not to make en. .d 0 : 44% ;
certain sums in the cheque-book, but I declirg ~ I
comply with his request. pot
Cross-examined by Mr. OURNIIY—DO I°lbef
know from one or other of the plaintiffs, that.-,e
discovered entries in the pass-book of bills draOtpf
i,;:'d to mesri'ejor
veil:
Mr. Hurst on the general account, to the ancontapcl•
38,0001. or some other large sum, and tbst °
entries did not appear in the cheque-book ? ~,t•
Witness—l know that they discovered eat"'
a large amount, but I do not recollect the 5unt..,,,,
Mr. Robert Pole, examined by Mr. CAMPO°:"
In December, 1825, I was a clerk in the slefenT:4
house. I used to pay the clearing. At the nit
end of October, Mr. Down, one of the parto:
the defendants' house, told me that a bill on J''l4.„e
man's for 2,5001. would come in on the follr
day; and he desired me to pay it, and pat 1!_,I
He said the money for it had been paid in • no
was to make Mr. Thomas Hurst debtor. in;
take it out of Longman's general account, and 811,l
it in the note•book. I told Mr. Down th,l'ill
thought this rather an odd transaction, any
said it was. The bill came in on the follolo,
day. I paid it, and made an entry in ill
note-book, making Mr. Thomas Hurst debtor fel;
About a fortnight after this time, Mr. Downt
01
me to pay another bill of 2,500/. of Longman's, r?
to deliver it to him; and he desired me to e"te.„ol
in the note-book as before. This second bill -le
paid the 4th of November, and entered in the II!,
book, and not in the pass-book. In the notelito
Mr. Thomas Hurst had credit on the 3d Novel
for 4,1001. That sum paid as the followingY'
)
bill for 2,5001., and on the sth a kill for 1, toi
which had been discounted by the Bank of Boilpt
and therefore did not come into our house. lio
served to Mr. Do 411 that this transaction 81004
" rather odd." All payments of bills on the !al
tiffs' general account ought to have been enters°
the pass-book according to the usual custom. if
Cross-examined by Mr. F. PoLLocx-,--Last $1
nuary, Mr. Greene, one of the plaintiffs, call3tur
our house. He told me that he and the other Pwr
tiffs had paid bills accepted by Mr. Thomas.llos
in the name of the firm, to the amount 'of 38, 4
with which they bad nothing to do, though eittild
l
of them had been made in the pass-book. I ad'
him, how it happened that he had not discovetjl
before. He said, he did not try the different lt:e„,
or examine the vouchers ; he tried only the bale 0'
and that corresponded with the cashier's clito
book. The omission of the items spoken of,ire
affect the sum total, but not the balance- el •
pass-book was sent to the plaintiffs about 011 A to
fortnight; one or other of the young men used
come for it; all otei.elerks bad access to it. .or.
After further . evidence had. been adduced,. fi,
ll
GunieEr replied for the defendants, for who''s.
aletv minutes, the Jury found a verdict.

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