The Sun.
London, England, 1811-08-01 00:00:00

SMITH V. COLgS.

,
The ATTORNEY-GENSKAL on the part the
Plaintiffs, Messrs. Smith, dartin, and St. Barbe,
eminent brokers in the City of Lopado:sta_ted thii
to be an action by which the plaintiffs sought to re-
cover from the defendants, Messrs. William, Charley
!ad George Coles, wino. also formerly carried on
business as brokers," under the fire) or Thomas
.Coles anti Sons, the sum of 3,4481. 175. 2d: money;
paid by the, plaintiffs oil account of 'he defendants.
It won't appear that the Commiisioners appoint..
ed by Government for the man igeritent of 'llaniSh
prizes seized prior eo the iSsuingif Lefteis of re:'
prisal, had aepainted all - the. most 'respectable
houses in London engaged in the trade. of brokers,
as a sort of joint company tor the sale and Ma-
itage.eent of such condemned skips and cargoes its
the Commissioners shetild. deliver over to'them,
they (the ditretent Brokers 80 appeieted) becoming
jietntly and severally liable for each other. These
several houses also signed an kgreetrieni aMolig i'hem
selves, by which the individuals of each became
:personally vsponsible for theadsof their own heoSe,
and of Their servants. The house of Smith, M :rtin,
and. Si. Bathe, the plairtitrs,..and the house of Thot
Inas Coles nod Sot s, of which William, Charles,
and George, Coles ,were the individual Partners,
were. Members of this Associated Company of
Brokers, and were also
.Partners to the private agree-
meet among the Brokers themselves. To the
1)1 Thomas Coles and Sons, among other 'coil-
deeeettions,were entrusted the sale of the cargoes of
the Hercules and Alliance'', Front an account at sales
rendered nyt hiS housewt neCommissi otters, a balance
of 344t41. was admitted to he due, which they
,having
failed to pay, ,the same was demanded by the Cole,
missioners of the plaintiffs, who had always been
the medium threat;ll whici, the Commissioners cor-
responded .with !he asso3fited Brokers, and,
_being
'paid by the plaintiffs, toe present allot) was
• Oroeglit to 'rectiver the amount Irian the defend-
ants, 60 whose account it had .been paid. F&
the defendant, William Celes,' his bankruptcy was
pleaded ; and, tOr the other defendants, Charles
and George
,Coles, it was pleaded that 'a 'dissolu-
tion nt partnership had'taken place between' thein
and William Coles, their-brother in July flies:winch
wits duly ad-vertiiecl in the Gazette, on 6th Angina,
anti, and was also notified, try circular letters, to
the different per-ons with whom they were accus,
touted to have dealings; William Cities combating to
carry ant blisiness- as lot wetly, and in the same pre-
miaes,.assisted by a yeunger brother, Frederick, ure
der the old thin of ,Ttromas Wes and Sops, and
throttler two defendants removing toTtiainets.-st Nei/
and -there carrying on business tintler2.the firm of
Coles, iirather4. Any 06 between themselves,
however, the Attorney-General Submitted, could
not here avail the defendants, who Must be' butthd
by an ogreenhot horn winch they had never beep
diSchargtd. •
Mr; GARROW and Mr. PAnK, for the Defendants,
ChinleS 'and George Colo:, the action not haviry;
been persiStd in against 'William, who bad p'eaded
his bankruptcy; gave in evidence a letter firm
Cole* to • Mr.'Heaten, Secretary to the Cirm-
tnissionets, of Datush•Prizes, dated Oh Febritary,
sett, begging him to-acquaint the Cotnnussieoers
that' the partnership of 'Thos. Coles and tion4 had
beee dissolved, so far as his two &Others Charles
and George were conceit tied ; that be now. carried
Ult the &oiliness on his owi; accountowested by his
brother Frederick, and 110+4 he begged to know if
the Commissionets weuld allow hint on his c).% n
account, but under the old. m, to manage the oar-
, goes sold, or to be sold, by. Thomas Coles and Sons,
_since the.dissolution of the partnership. They also
gave in evidence the answer. to this letter, dated the
oth of the same mewl, of February, in which Mr.
He tan ilia es, that" having laid Mr. W. Colas let-
ter before the Commissioners, he is directed by
them to:inform hint that their original wish in. the

arl
• Grorreu
1.4214 N : tea „by Rii=liAki) HARRIS, ot No. 4, Marthrp*pcpc t,,lipp.,,mmti; anti pc willeAt bywiLLlAm 4gitAlGAtt .st: IMP Si, South Molron-stirct4dreisod,
At. tho Sure ()vitae, No. II?, Stroud, were 4dv(rtimnentsi °rail for'' the Paper„ Geier: for tho Editor `kc, Cost-paid), mu" 6