The Sun.
London, England, 1827-04-24 00:00:00

COURT OF KING'S BENCH.

PENWICE. AND OTHERS V. THORNTON.
The Court has been occupied during the \whole
13-Y In bearing of the above case, which is an action
orit)light by the assignees of J. Davey, who carried
Holland-street,
business as a coal-merchant, at the *Albion Wharf,
nilland-street, Blackfriars, for the recovery of the
N1.:411e of three ships, which, it was alleged, the
4111krupt had improperly transferred to the defendant,
1 °is his brother-in-law.
`elle LORD CHIEF JUSTICE will sit to-morrow at
eattninster.

COURT OF COMMON PLEAS.
BOLLAND AND OTHERS V. MARSH.
11)4 was an issue directed by the Vice-Chancei
°r to this Court, to try whether the defendant was
°I th
1,1411 e to pay to the plaintiffs, who are the assignees
nf e late banking-house of Marsh and Co., the sum
70,000/.
ij!le facts of the case were shortly these :—ln
ta, the defendant's father was in company with
XBl5,
Mr. Creed, as Navy Agents, but Mr. Creed hav-
ing retired from the concern, in 1816, Mr. Marsh
umed his son (the defendant), as a partner in
alsr Place. By the , contract of partnership tile
he'clidant was not to have an equal share of the
llirnfits till his father should be enabled to purchase
daietZukri of 44,0001. in the, three per Cent. Consoli-
nnuities, and the meantime the defendant
\pp's to be allowed 800/. a-year out of the profits.
The elder Mr. Marsh was all this time the leading
gpartner of the bankin-house of Marsh and Co., in
arners-street, anti alit was with them he dealt, in
his P
of navy agent, he, after his son became
the is
Parner, h:.d the account for the navy agency with
bankngouse entered in the defendant's name.
(Natters continued' in this state rf om 1817 till 1820,
11 balance in favour of the banking-house increasing
ill 4i°llg), when thz elder Mr. Marsh having fallen
he thought it proper to intimate in writing to
allother partners in the banking-house that, as was
along understoodn, the account entered in his son's
(the defendant's)
n a
s solely for his behoof ;
and that,
Wished this
in fact, his son was no partner at all. He
to be kept in view, that no dispute
g arise in case of his death. Mr. Marsh reco-
vered, and business continued, as before, till 1824,
when the banki
favour on lig-house failed, and a balancein its
the account kept in' name of the defend-
ant, to the amount of 70,000/.
Mr. Sergeant WILDE, for the plaintiff, contended
that as the defendant and his father were held out
to all the world as partners, under the firm of Marsh
and Son, the latter was undoubtedly liable for the
debts of the company ; and that the banking-house
of Marsh and Co. had nothing to do with the pri-
vate arrangements between the father and the son.
The SOLICITOR-GENERAL for the defendant,
entered into a long detail of the transactions be-
tween the parties, arid contended that it was well
knowm, not only from the said letter, but otherwise
froill their intimate connection by the other part-
ners, that as the defendant did not participate in the
Profits equally with his father, he ought not to be
liable for the present debt.
e CHIEF JUSTICE charged the Jury, that in his
°-4n' the defendant and his father were part-
rrs to all intents and purposes from the date
s°.
the contract in 1817, and that it was
misrepresentation, whether intentional or not
let w°•uld
er 1. .onot say, by the father to say in his
in 20 that they were not partners. It was
clear in his , • • ,
Lordsrup-, s judgment that the other part-
ners were not acquainted with all the arrangements
between the father and son, and therefore that they
ratith
h not to suffer by a misrepresentation of the
er. The Jury, however, had the whole circum-
stances before them, and would judge for themselves.
tiff's J
-D
he Jury, without hesitation, found for the plain.
—arriages 73,513/.
Petite

ttions to Parliament, praying for ap•
Pointment of a Committee to inquire into the
practicability of fixing a minimum of wages by
law, have been agreed to be forwarded for pre-
sentation from the undermentioned towns:—
Manchester, Stockport, Ashton-ender-Line,
Preston, Blackburn, Chorley, Wigan, Orms-
kirk, and Leigh. At Preston, S. Horrocks,
Esq., informed the weavers that he would sign
their petition.—Manchester Herald.