The Sun.
London, England, 1828-01-12 00:00:00

LAW INTIMLIOENCE.

COURT OF CHANCERY, Jr.A 11.
IN RE WIIITTAKKR AN15,C0., BANKRUPT®.
The argument commenced yesterday on a petition
presented in this matter was resumed to-day.
Mr. SUGDEN was heard in opposition to theyeti.
don, whiCh was presented by separate eredilie of
the bankrupt, claiming to be entitled to prove
against the joint estate. The Counsel argued-that
the evidence of Mr. Whittaker, clearly established
the nature of the partnership between him and Mr.
Maddox, and the fact that the joint estate washable
only to the joint debts.
Mr. PEPYS. and Mr. JAMES were heard on., the
other side.
The LORD CHANCELLOR desired to heve:tne deeds
and other papers handed up to him. He wouldread
them this evening if he could, and would give,indg-
ment to-morrow or on Monday.

IN THE MATTER OF HAWES, A BANKRUPT. ,
Mr. WRIGHT stated the petition of Thomas
Welch, a partner of the bankrupt, the object of
which was to supersede the commission. The
grounds alleged here, that the petitioner was enga-
ged in partnership with the bankrupt in the music
trade, and that under a deed of copartnership the
profits of that trade were divided into five shares, of
which he (the petitioner) was to receive three,
and the bankrupt two. That some time in 1826,
differences arose between them, occasioned, as al-
leged, by the bankrupt thinking himself entitled to a
larger share of the profits than was reserved to him
under the deed. He consequently proposed to the
petitioner either to sell him his shares, or to buy
those of the petitioner. This offer it did not suit
the petitioner to accede to, and he declined it.—
The petitioner stated, that the proposition had been
repeated to him in various forms, and, among others,
by a letter from the bankrupt's attorney, Mr.
Bolton, who stated, moreover, that if it should not
be accepted, Mr. ' Hawes was resolved to release
himself from the partnership; but whether by means
of a bill in Chancery, or by some other method,
could not be then foreseen. It was alleged that Mr.
Hawes afterwards, in conversation with Mr. Power,
the music-seller, in the Strand, ad several other
persons, had unequivocally stated that he should•be-
come bankrupt. Some time afterwards, the peti-
tioner not having accepted the offer, a commiesioa
of bankrupt was issued against Mr. Hawes, at the
instance of Mr. Hodges, who appeared as the peti-
tioning creditor, and the proceedings were taken by
Mr. Bolton, Hawes's attorney. Upon these circum-
stances taker together, the petitioner charged, and
his counsel argued, that there was evidence of the
commission having been concerted solely for the pur-
pose of putting an end to the co-partnership, and that
therefore it ought to be superseded. It appeared
that an indictment had been preferred on the same
grounds, but, having been removed by certiorari to
the Court of King's Bench, it had not yet been tried.
Mr. Wright commented upon the affidavits at great
length.
The LORD CHANCELLOR said, the question ap-
peared to him one which it was impossible to decide.
He was willing to hear all that was to he said ou the
subject ; but he was strongly disposed to think,
that it must at last be referred to the decision of a
jury.
Mr. Twiss opposed the petition. He stated the
substance of the affidavits of the bankrupt and his
attorney, which denied all concert. The affidavit of
Mr. Power, Mr. Twiss thought, might have been
mistaken, because that gentleman being an Irishman,
might have made a mistake common to his coun-
trymen ; and when he represented Mr. Hawes as
saying, " I will be made a bankrupt," he meant
to state that he said " I shall be made a bankrupt."
The LORD CHANCELLOR said that explanation,
however plausible, did not apply to this ease, for the
words were, " I will become a bankrupt," and the
sense of that expression was not altered whether
" shall " er " will " were used.

His Lordship soon afterwards interrupted Mr.
Twigs in his argument, telling him he was obliged to
rise, which he did at three o'clock.

VICE-CHANCELLOR'S COURT, JAN. H.

The VICE-CHANCELLOR'S paper was again filled
with bankrupt petitions. His Honour disposed of
more than forty before one o'clock, at which hour
the Court rose.

The petitions were altogether devoid of public
interest.

COURT OP KING'S BENCH, JAN. 11.
Eight Common Jury causes were disposed of to-
day, none of which contained any thing of the slight-
est public interest.