The Sun.
London, England, 1826-10-27 00:00:00

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bin. called. Mr. Il.sen.;'On the MOnAy fohowing about tea,
to give a notice that the wharfragers should not deliver the
tallow agreeable to the &def., as it . had been obtained
fraudulently; 50 casks were delivered, and the other 30
remained in the warehouse still.
- By Mr. ScaaLETT—The 50 casks were delivered to
Mr. Crow, upon the order of a Mr. Forrester. The
wharfingers held 80 cash of one •mark, and one of another.
The wharlingets refused to deliver the remaining 30 to the
plaintiffs on Mr. Forresterle order.
Mr. Rayner—On the 31st March, 1825, Mr. Rams-
bottom gave him a cheque; on the 31st Mr. R. purchased
100 casks of tallow of him, and gave the cheque for 50 of
them. This Was On a Thursday they were all to have
been paid ftir on that day, but lie asked indulgetiee till Sa-
turday. On Saturday he gave a cheek tot the retnaitting
50, amounting to 7004, on the Bank of England, which
was dishonoured. Never afterwards found Mr. R. nor the
tallow.
By Mr. St Atit.ntik-,,-Ori the Saturday Mr. R. wished
for a few more days, but witness insisted on having the
cheque on that day. The first cheque was paid. On Sa-
urday Mr. R. appeared in a state of great alarm, and, at
any rate, wished the cheque not to he presented till the
th* dea or closing &tut: Did not present it earlier.
Re-examined—The tallows were sold on the Thursday
for cash ; Mr. C. immediately transferred them to a third
person, as witness bad understood.
This was the plaintiff's case.
Mr. Bcititurr addressed the Jury on behalf of the de-
fendante. Mr. Gurney had rested his case entirely on the
supposed fraud of Mr. Ramsbottom, alleging that Mr. R.
had never intended to pay for the tallows at the time be
bought them. If his (Mr. Scarlett's) instructions, how-
ever, were correct, he would satisfy the Jury that Mr. R.
made a bona fide purchase of the tallowe, that he meant to
pay for them, and that he had had every reasonable pros-
pect of being able to make good that intention. With re-
spect to the small balance that was in the bank on the 2d
of April, the Jury must be aware that many customers of
the bank had the smallest balances in the morning, which
were increased by the middle of the day, and again de-
creased before the hours of business expired. Mr.'
Ramsbottom had been in the habit of paying in largo
sums into .the bank, and having them drawn out again,
frequently on the. same day. As to the present
tallows, when he bought them, be speculated on the rise of
the price of this commodity, which speculation, however',
failed, and therefore he, as well as niftily other honest men,
had been disappointed, and rendered unable to meet his
engagements. The fact was, that with respect to the 80
casks which Mr. R. had bought of the plaintiffs, he had
immediately after the purchase was made, entered into a
contract to sell 50of them to a Mr. Ord, through Messrs.
Forrester.' brokers, and which was to have been paid on
the 2d of April. This contract having been entered into,
Mr. 11. transferred the whole of the 80 casks to Messrs.
Forresters ; Messrs. F. then sent an order to the wharf for
the delivery of the 50 casks to Mr. Ord, and another
order for the remaining 30 to Mr. R.'s account. On
the evening of the 2d of April, Messrs. Forresters
sent a cheque to Mr. R. for the amount of the 50 casks.
By the tune the cheque arrived, Mr. R. had found himself
unable to meet his engagements, and determined to commit
an act of bankruptcy. Ile therefore sent back the cheque
to Messrs. F., and the orders for the remaining 30 casks to
the plaintiffs on that very evening. Mr. Ord had not re-
ceived the .50 casks; the agreement was cancelled ; the
50 casks were left in the hands of the wharfinger, were
subsequently owned by the defendants as the assignees of
Mr. Ramsbottom, and the question was, who was to have
that property. The Learned Connsel contended, that as
they had been bought bona fide by Mr. Ramsbottom, the
assignees were entitled to them for the general benefit of
the bankrupt's estate.
Forrester the broker had been in the habit of buy-
ing and selling for Mr. Ramsbottom; on the 31st March,
1825, sold 50 casks of tallow for him to a Mr. Ord ; had
-not then received the order to receive thetallow, but re-
ceived it on Saturday the 2d of April ; the order was for
80 casks; got the casks transferred at the wharf into wit-
ness' name ; Mr. It. desired 50 mora casks, part of them
to be taken out of another parer], to be sold ; made every
effort to sell for the prices stated by Mr. It. the second
lot, but could not ; witness gave Mr. R. a cheque for
8001. which included the 7501. the amount of the SO
casks sold to Mr. Ord; the amount of the other 50
casks that could not be sold on Saturday, was about the
same; when Witness found he could not sell the second
50, he gave him the cheque for the 200/., and returned him the
orders for the other SO and 20 casks, which had been transferred
into witness's name. On Monday morning following, received
a twopenny post letter from Mr. it., enclosing the cheque for 800/.
The letter was dated on the 2d of April, stating, that his specula-
tions having failed fin the former few weeks, he lamented that he
found himself unable to go ou any longer. He regretted that some
of his creditors would be considerable losers by him, but he felt it
a duty to return the cheque for the 800?, observing, that he
meant to leave town for a short time, until his affairs were put
into some course of inquiry. After this, Mr. Ord found a little
difficulty in getting the tallows delivered to him, and he gave up
the contract, relinquishing his claim to them. Tho casks were
still at the wharf, and lying to the account of the defendants.
By Mr. GURNST—Did not know that the casks bad Collie to
Mr. Itamsbottom on the very day they were transferred to the
name of witness, nor where they came from. •
Mr. Ramsbottom had got his certificate; made this contract
with Messrs. hawse on the Bth of March, 1825 ; received a no•
tice from them on the 18th March, that the plaintiffs would de-
liver the tams on the Ist of April ; went on the Std to take pos-
session of them ; had previously *old 50 of the tasks; the markets
were then falling. The book produced was the pate book of the
witness with the Bank of England. Had not been in the habit of
keeping large balances there; the balance on 2d April was from 201.
to SO?.; gave a cheque to the plaintiffs f0r1,4001. on the 2d of April,
which was not to be delivered till the timing hour of that day;
the reason of this was, that witness might have bad an opportunity
of lodging fonds in the bank to meet the cheque by the close of
that day, as he had expected to be able to do. The order. for
the delivery of all the tallow. got from Messrs. Hawse, except
for the fifty casks sold to Mr. Ord, witness returned to the
plaintiff. on the same evening of the 2d ; authorised Messrs. For-
rester to sell the 50 in the coarse of that day, as well as the re-
maining 50 casks. Witness tried also to sell them, and at the
middle period of the day certainly did expect to be able to raise
money to meet his drafts, • and did not apprehend a failure
till late in the 'day. The letter sent by witness to Mr.
Forrester, which had been received, returning the cheque, was
written on the evening of the 2d of April. Had stipulated with
Mr. Forreger to take the sellers' bills of all the tallow., and to pay
cash for them on the Saturday, as witness wished to pay for them'
on the 2nd ; but this agreement went off. When witness bought
them on the Bth his intention was, an hall always continued to
be, till the moment of his failure, to pay for them.
By Mr. Gunmer.....-Had been in !mike." about six or eight
months in the whole ; his debts were 5,0001. ; believed there were
a great deal more than 50/., besides the tallow, at the Wharf, to
pay the 5,0001. with ; believed therCyvere more than 100/. ;
would swear there was; whines had no house; did not know
that he had any merchandise ; had seen a member of his family
on the evening of the td April, but received no *civics from that
member to commit the act of bankruptcy.
Re-examined.—While witness was is hulloes. be lived with
Me father ; his father was Dr. Rametyttcm_ of Broad-street.
Mr. Quays.. replied.—He had not a doubt of obtaining the
verdict of the jury. The real question between the plaintiff's
and Mr. Ranuthottom, who it was clear beyond doubt had not
had the mean. of paying for the tallow, when he bought them.
Mr. Ord had not got the follows; Mr. Forrester had received
back his cheque, and therefore they were situated 1111 if they hail
had nothing to have done with this transaction. If under these
ciairilcouwral,stlalitineeshinigthine
the assignees
counsel',werotoie Allowed- to retain the
opinion, would be more
unjust.

The Learned JUDGX summed up. If the Jury should be satis-
fied that when the bankrupt gave the cheque for 1,4004 to the
plaintiffs on the morning of. the 2d of April, he had a reasonable
hope that that cheque would be paid at the Bank, then it would
appear to the Court that the property bad been properly rested in
him; if he had not that reasonable expectation, then, to say the
least of it, he would have to be considered as having obtainadpes-
s
session of the property from the plaintiffs under circumstances
from which he ought not to have received it, and the verdict
would have to be for the plaintiffs..—Verdict for the plaintiff.