The Sun.
London, England, 1826-02-23 00:00:00

THE MATTER or THOMAS THORPE, !A_IiAXIISRUPT.

~llr. RosE said, he had to make rather a novel and important
application. • The bankrupt had been a bookseller to a great ex.
tent, dealing principally in collections of old looks and publica-
tions. Under his commission, Owen !tees, or the firm of Long.
man, Rees, and Orme, Thomas Payne, of the firm of Payne
and Foss, and Thomas Lepard, of the firm of !larding and
Lepard, were chosen assignees ; and, by a rule of thia Court,
assignees arc not permitted to purchase, directly or indirectly,
the bankrupt's estate, without the leafl of the Court. The
present bankrupt's property was advertised for sale, and con.
slating principally of old books, if the three firms of the assig-
nees were to be restricted from bidding at the sale, in conse-
quence of the assignees being constituent members of these
houses, the property, it was supposed, would bring little or
nothing, and thetetbre the protein prayer was, that the Court
would be pleased to make an order,
. leaving those firms at li-
berty to bid in competition With others.
Ills Lotman rp did not see how he could make such an
order at present. If the property to be sold had been it piece
of land, much mischief could not have resulted from assig-
nees being allowed to bid at the sale, because it might be ea-
pected all the world were as good lodges of the land as the
assignees ; but this property, consisting of old books, they
might buy for fld. a book of immense value, though no other
person but themselves would bid lid. for it at the sale. it was
also to be observed, that there was a very curious law existing
among booksellers, which was, that one bookseller would not
bid against another, anti that they had a second sale. What
the Court would now do was to direct that a scheme of how the
sale was intended to he conducted should be laid befbre the
Court; and his Lordship would be very glad to he furnished
with an affidavit from the ftstignees,
stating
dered the value of the property to be, becatiZ witt tlley ci
inctti:itniet
upon them so give the party putting the property up to sale,
every possible information with respect to its value, for the be-
nefit of the bankrupt's estate.

COURT Oki KING'S BENCH, I'4. 22.
lIIATCUFJt

.... .
Mr. A gbatirs opened the pleadings.
~'
Alt 6 oft/at stated the case to the jury. Tide was an ac.
lion to recover 8931. 155., the atnount of two billie;of exchange
accepted by the defendant in payment of goods sold and deli•
vered to him in the year 1818. The delivery and shipment of
the goods having been proved, it appeared by the evidence
that they consisted of military stores for the equipment of a
rifle regiment, then in the service of the Venezuelan Govern-
ment, and that the plaintiff had, in April, 1819, accepted from
the defendant an order on the state of Venezuela for
1,1541. 2s, td., signed by George Elsom, commantlet• of the
said regiment, and Dern bolds tipper Mender, an tigtlit of
that Government; and that the defendant, when applied to for
a material payment of the hills in September last, had promised to pay
them when lie should receive a sum of money now locked up
pending the decision of a suit In Clutrieety„
A of
lr.Sc AliLiatTral witness Ti foirtle.ss preventededetlen a.lt
suchstathi' that the absence
abroad an angWer to the
case as would otherwise have been given ; but contended that
in a state of hid
England this action could not be t
the sum now sou tto lie revbvered was included
nieeluiiinednial and paid
with
n
the
sum
et. 1,264 . 2a. fad. ; and that as the goods in question
were supplied to support a
province of Spain, tiai in
uszraeccctoiordninagga
toinstthethieuw of inotlier
maintained.
Mr, GtiftrltY addressed the Jury in reply.
against the parent state, or that the goods
had been shipped for
that Vene.
TliewLasoitntphoesititiliteye .1 traTICE, having recapitulated the
evi.,
dente, was of opinion that It had notbeen she
zu
eia
for Venezuela ; and that it appeared the de-
fendant had not denied the debt, but merely stated his inability
to Foy it at the time demanded.
Verdict for the plaintilf,—Psll/., including the interest on one
bill.

wirosE W. simetstu.
This was an action by the landlord against the tenant of u
garden in the parish of St. beollarti, Shoreditch,
for. removing
certain fruit.trees and shrob:t.
It fppeareil that four or five apple.trees were growing on the
premises When demised to the defendant in 1819 t he Proposed
planting ten more, which he had pv11116,4011 Alms the plaintiff'

.
to remove; but in 11324 he rertiOved upwards of 100 fruit4rees
and shrubs that he had planted, ;.o It piece Of freehold ground
of his own.

The lionti Citt JusTfur, expreatted hiti opinion that It
tenant had no right to remove the trees or shrilbs he had
planted i but left it to the. Jury to cdnsider whether the per-
mission extended tti more than the ten trees first mentioned.—
Verdict for-the plattitiff—Damages, WS.

KENT V. cilium:
This was an action to recover the midi of 472:1. 10A., the
price of thtee homes, purchased of the plaintiff by the defen-
dant.

...... .
The plaintiff was the Son of the stable keeper residing in the
vicinity tif Bloomsbury-square; the-defendant, a yothig, gen,
tlemad Of fortune and great expectations,- now married to a
Frefith lady of property, from which he also derived the title
of Hawn Dumont. The- plaintiff and defendant were an in-
timate terms in 1824, and in January, 18.16, the defendant
purchased froin 'the platatiff the three horses in tittestion, at
the price of 150 guineas each; they Were to seeninpimitthede-
fendant to Fiance, and the plaintiff and his brother attended
him down to Dover where he had promised to pay for the
horses. At Dover the defendant plocirtised to pay at Calais ;
and at Calais he dismissed the plaintiff, by jitoniini»g to pay
his brother, when the Nisei arrived in Paris 1 and at Paris he
sent the plaintiff's brother back to England withont the Money,
by assuring him that the horses would be puld lot by his solici-
tor in London.

,r 4
Richard 'Tapping Claridge had introtitteed the defendant to
the plaintiff, and remembered the purchase of the three horses ;
he went down with Mr. Curtis and Mr. Kent to • DOver, and
from thence to Calais, from %Attlee be returned with the plain-
tiff, who could not get his tudney.
In his cross:eummation by Mr. Scshr.ETT he described
himself as a wine merchant, residing' in Wiinnore-street ;
formerly he had lived with his uncle, a hoot anti Ow maker,
in Bond-street 1 he had lent Mr. Curtis money, whlrh had been
since repaid, find he had introduced Mr. Curtis to several of his
friends, who had also lent money to him before lit ivos of age.
Rdbert Bush, who had resided with the defendant as an in,
terptetet, remembered the horses, and the defendant saying
when he sent away the plaintiff's brothel' ftom Paris, that he
had )Iw/roared him, too, as well as the test—meaning that he
had done theM all.

Cross-examined by Mr. SCA/MM.—Had been Introduced
to defendant by a Bow-street officer, anti had been dismissed
after defendant married, because he had railed Mr. Curtis Le.
Petit Baron.
Mr. SCAHLETT aldressed the jury for the defendant, and
commented in strong terms on the unfortunate state of 7i young
heir beset by such people as those who had described them,.
selves as the associates of this young gentleman. He con.
tended that these horses had been paid for before 1 and that as
there was no eiitienee to show these horses to have been the
property 6r th© plaintiff, the action should have been brotight
by his father, who was really the owner of the horses, though
lie did not choose to appear in this transaction.
Mr. 11ENIttA1r, in reply, maintained that he was entitled to
their vcrdieti Unless they could suppose that the witnesses had
been guilty ofperjbry.
The Lout) CHIEF JIISTItg haVifig !dimmed tip the evi,
dence, the jury found for the plaintiff--Datnages, 4721.

. . _
KENT V. CURTIS. -
. Tide was another action, brought by the same plaintiff'
against the same defendant, to recover the value of a diatnond
ring and gold watch-chain. _

It appeared, from the evidence of Richard Tapping Clar.
ridge, that on the 16th June last, he and his wife, Mr. Kent,
and the defendant, went down on a party of pleasure, to
Luton, in Bedfordshire, and on the way down, the defendant
admired a'diamond ring on Mr. Kent's finger t he obtained it
to look at, together with a gold watch chain, which Mr. Kent
had round his neck ; he put the ring Oh his linger, and the
Chain in his pocket, and said he Would return them some other
time.

Joseph Belk premed having demanded the ring anti chain
frcmi the defendant at the Percy Hotel, Rathbone-places when
he refused to return them.

Verdict for the pleintift—ilamageti, 10/.

COURT OF COMMON PLEAS, PER. 224 •
onwrim v. TElllls.
This was an action of assault. The defendant having or.
carrion to
ingo to the country on some law business, sent his
luggage the evening to the White Horse cellar, with
the Intention of taking the couch from there next morn-
ing ; but when he arrived at the office on the .following
day, he was too late for the coach, wide)) hail started some
time before, He then began looking tint his luggage in
order to find a handkerchief which he Wanted, but the por.:
tern told him he could not be allowed to do so. lle insisted
on his right to have access to his own luggage, and the
porters insisted on their right to prevent him. They succeeded
in forcing him out of the office) and he succeeded in getting
in again. The plaintiff, who was one of the book-keepers,
was out at the commencement of the altercation, lynt hav-
ing entered the office in the midst of it, he took part with
the porters, and condemned the defendant's conduct, as
being extremely improper. Language not -of the most dotter.
ing description was freely interchanged ;between the parties,
until at length the defendant struck the plaintiff with his mu.
brella ;• but as a justification this net, it wits alleged on the.
defendant's behaf that: his nose had been previously 'Piffled by
the plaintiff's fellow clerk ; whilst on the Other side it was
stated that the pulling of the nose was subsequent to the um-
brella business.—Verdict for the defendant.

II 1011 COURT OF A DMIRA LT Y, Fru. 22.
LADY CAMPTIDLL.--WAGES.

Lord STOW ELL gave judgment in this case. It was a snit
by a mariner, named. Gore, against the owners of' the Lady,
Campbell East Indianan, the wages tine to him on Contracts
for a voyage to and from the East 'lndieS. The- vessel sailed
in March, 1823. On its arrival at 31adeint, Gore was pro
moted from giddy servant to be twined, rat an advanced' rate
of pay. On his arrival at Calcutta, he Wits ilitarkNit a glan-
dular disorder in the throat, which increased during the
ward voyage. It was alleged by the owners that this disorder
had been caused, or at leustangmented, by a habit ofiitoitica.;
Lion, which rendered him often incapable of performing his
ditty ; and also that on the vessels return to EnglandOlu'i linen
ill his charge was deficient. 'They had therefore offered- him
01. instead of MIL, the amount of his claim, which he refused,
and instituted the present suit. hit Lordship was of opinion
that no proof had been adduced that the mariner had been guilty
of intoxication on the outward voyage, and the disorder with
which he was afflicted (probably a constitutional infirmity) ac-
counted for his inability to .perform - his duty on the home..
voyage. As to the. Went it was not intended to charge the
party With spoliation, and no proof was given to Show that it
had been regularly delivered to him, or that it might not have'
decreased by wear. Ills Lordship therefore promtuneed for the
mini claimed by the mariner, viz. 891., -deducting the advances
made to him, amounting to 271. 15s. ; and also for his expeneea.•

Vat: uPNOR.
This case was opened with great solemnity by Dr. Lulu.
IxterOlf, as one.of which there had been no example since
his bordihip bad presided in that Court. It was et claim for
salvage of a liat-bottomed Along-barge, %licit had sunk on the
Spit-sand, at the mouth of the Medway, and alleged to have
been derelict. It was raised and carried t Sheerness by the
salvors. The ease, after amusing the Court for an hour, was
directed to stand over till the first day of next term, for further
affidavits respectilig an alleged costoo in that parti of leaving
such craft aground for a time.

WILK; ANI) following idea.
sant trait of the waggery of George the Fourth,
when is related in the life of that .. extraordinaryh a boytnry political charlatan, Mr. Wilkes :—tio
ungrateful was the sound of " Wilkes and No.
451" (the famous number of The.' North Briton
p, hick caused such a parliamentary and national
hubbub in the last reign) supposed to be to the
cars.of his Majesty, that, some time in 177'2, the
Prince of Wales, then a mere buy, having been
reproved ffir some boyish fault, and wishing to
lake a boyishrevenge, is stated to have stolen to
die King's
.private apartment, and shouted at the
door, " NV tikes and No. 45 for ever !" and then
ran away. It, e* hardly necessary to add (for who
knows not the fatherly kindness and relish, for
humour of George 111 ?) that the Kittg laughed
heartily at the trick.