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

fiLAW INTELLIGENCE.

I COMA)? KING'S BENCH; ari r. Der.)
eitirerrns N. MAYO W AND C6RIMICATION 6F LONDON.
Mr. CHITTY opened the pleadings.
Mr. SCARLITT stated the Case.—The plaintiff, Mr.
Joseph Griffith!, was a builder, and the present action
was brought against the distinguished body, which in this
place was thought almost supreme, for the recovery of
1,043/. The dispute arose respecting the extra charges
for the building of the new Courts of Law at Guildhall;
the sum claimed was above 4,0001.; the defendants had
paid about 3,000/. leaving the sum now sought to be re-
covered unpaid. Had this case been ripe for trial, it ought
to have been tried the very first during these Sittings—
had it been but out of compliment to the defendants, whose
power was almost boundless.
The LORD CHIEF-JD/MIMS sloubted the capability df
this Court to try a ease against a body so distinguished
and powerful !--(Laughter.)
Mr. Scanutrr was certain that if the walls of this
building had ears they would listen with great attention,
and feel highly interested in the result of this trial, but for
his own part he had no objection to any course of investi-
gation. The sum his client sought to recover was a se-
rious amount to him, having been expended by him in
work, labour, and materials found and supplied to the de-
fendants.
The SOLICITOR-GENRRAL lied no objection to have the
case inquired into out of Court.
His LORDSHIP certainly thought this was one of those
cases he had always considered much better settled in a
place where more time could be devoted to it than it could
have here.
The SOLICITOR-GENERAL said his defence would ariee
principally on the construction of a deed, and therefore if
the case were to be referred, he hoped it would be refer-
red to some gentleman at the bar who would•loyk into the
deed.

Mr. ScARLETT observed, that if it were to turn on the
construction of the deed, without reference to the int-
portant facts of the cue, he did not think that the Court's
time would be .misemployed in trying it. However, if it
were to be-referred, the cause would of course be referred,
together with all matters in dispute.
The LORD CHIEF JUSTICE was quite willing to act as
the-bar should think fit. His only desire was to admi-
nister justice in the best and most satisfactory way.
After a short conversation between the counsel, it was
agreed to rofkr the. cause, &c., to some person out of Court.
The RECORDER was also retained as counsel by the de-
fendants, and he observed, that the plaintiff and defendants
were no strangers to each other at the time the COntritet,
out of which the dispute arose was entered into, for he was
then himself one of the body corporate.
Verdict for the plaintiff, subject to a reference.
HAWSE AND OTHERS V. CROW AND OTHERS.
Mr. CAMPBELL opened the pleadings.
Mr. GURNEY stated the case. It was an action for the
recovery of the value of 50 casks of tallow, which the de-
fendants had possessed themselves of in the character of
assignees of a person of
.the name of Ratnsbottom. Messrs.
Hawse were lately very. considerable soap manufacturers,
and also dealers in tallow, in London. On the Bth of
March, in 'the last year, they entered into a contract to sell
to Mr. Ramsbottom 100 casks of tallow at the price of
425. 6d. per cwt. Fourteen day's notice was to be given
by the sellers before the delivery of the tallows. Notice
was given by Messrs. Hawse of 80 casks, and thut notice
expired -on Friday the Ist of April; thatbeing Good Friday,
it went over till the next day ; in the forenoon of the next
day Mr. Ramabottom went to the counting-house of
Messrs. Hawse, and requested an order for the tallows,
producing a cheque on the Bank of England foi the sum of
14001. Messrs. Hawse then observed that was not enough,
to which Mr. Ramsbottom replied the difference was but
small, and would give it to Mr. Hawse next day on 'Change,
and upon which an order was giVen for the tallow. There
was rather a curious circumstance attending the cheque given
by Mr. Ramabottom; he had written the name of Messrs.
Hawse, bankers, across the Cheque, the effect of which was
that the amount was to be paid to the bankers, and to
them only and therefore it would postpone the payment
by the Batik of England. Messrs. Hawse sent the cheque
to their hankers, Messrs. Lubboek and Co., and in the
evening received notice that the cheque was dishonoured.
Upon recejving notice of it Mr. Hawse, jun., went to the
wharf of a person of the name of Brown, where the tallow.
were deposited, to stop the delivery of them, but found he
wall too late, as the tallow. were not then in hiehanda. They
however had got into the hands of Mr. Crow and another,
as the assignees of Mr. Ramsbottom ; and Mr. Gurney
considered the question Would be, whether this was not
fraud practised on the plaintiffs. In his opinion the de-
fendknts had no right to hold the Wimp, the plaintiffs har-
ing *a right to demand their return. Another considera-
tion would be, whittler Mr. Ramabottom, at the time
he gave the cheque. for the fourteen hundred pounds,
could have supposed it would have been paid, be-
cause it was drawn upon the Bank of England at a time
when the whole of his funds in that establishmen

aaaaa .••••
amounted to only 40s. He had purchased other quanti-
ties of tallow from different persons, and had given .heques
of a similar nature for them, in the whole amounting to
upwards of 3,000/. When Mr. Ramsbottom became
bankrupt, his debts were considerable, and the whole of
the assets he had to meet them with were not more than
701., not enough to work the commission. After his
bankrtiptcy, he never appeared on 'Change; part of the
tallow had been got back, and the recovery of the 50 re-
maining casks was for the consideration of the Jury.
Fretwell, a tallow-broker, entered on the Bth March,
into a contract for the purchase of the tallows in question,
on behalf of Mr.l%—msb,ottom, with the authority of the
plaintiffs and Mr. Ramsbottom.

Benjamin Hawse, jun. son of one of the plaintiffs, and
nephew of T. Hawse.--His father and uncle carried on the
huffiness of tallow and soap-merchants; on the 2d April
Ramsbottom came to their counting-house; believed no-
tice had been given of the intention to deliver the tallows
on the let 'April; this was Good Friday; when he came
he asked for the orders of the tallow which he had bought ;
he presented a cheque on the Bank of England; witness
believed the cheque produced Was the same; it was paid to
Lubbock & Co.; witness's father, upon the cheque being
presented, said, it was not money. enough ; Mr. Rams-
bottom said he would give the remainder on 'Change that
day; witness's father upon. that gave the order; the order
produced was the same; witness's father took the cheque
himself to the bankers, witness in the evening received
the cheque back from them as dishonoured; witness upon
receiving the cheque back went to Brown's wharf, where
the tallows were; enquired whether the tallows were in

their name or not; in consequence of the answer given,
witness directed the tallows not to be delivered to any
one ; he was told the tallows had been transferred, but

not delivered.
Upon his cross-examination by Mr. SCARLIRTT, wit-
a letter from Rams-
bottom; 'witness had not seen Mr.
nein remembered his father receiving
Ramsbottom since his
bankruptcy.
Bankof England, and re. ‘1"1 cheque produced to the
„
.f.itle,_enrz Whitaker, a clerk of Lubbock and Co.'s present.
ceived for answer "no effects." Henry Dixon a clerk in the Bank of England—Mr.
of April,. the credit
Rarnsbottom 'apt an account there; on Saturday the 2d
1826, ha had 21. 161. 6d.
due to
of his account; this was the whole of the balance
on
bim; recollected achecheque of his having been presented _
that day for 1,400/. paid; the Bank of
41hich was not
standing to
England never
pay cheques unless it has effects.
Py Mr. Scanurrr--The Bank of England kept a
cheque-book with r los
1" ' --"''S account; had not looked to
Mr. R.'s account previous
to April; did not know that.
Mr. R. was in the habit of drawing out large sums, and paying them back on the same day; knew nothing of the
state of the account more than stated. John Willis is clerk at Nt
-...t. Browne's wharf; on the 2d
of April, 1825, there were then 80 ask, of tallow ,
tinned c
ed in the order now produced at their wharf; the
men-
order was lodged with his Principals on the 2d of April,