The Sun.
London, England, 1827-11-19 00:00:00

LAW INTELLIGENCE.

COURT- OF CHANCERY, Nov. 17.

EX-PARTE DANIEL IN RE SOLARTE.

The SOLICITOR-GENERAL, • Mr. Sergeant 80,.
§ANQUEt, andB6treial other members of the common
law bar, appeared to argue a motion for a new trial.
The question- arose upon a petition argued before
Lord Eldon, who bad directed an issue to try .whe•-
ther, in the transactions respecting which the peti-
tion was presented; usury had or had not .been com-
inittedi- . That issue.was.tried in the Court of Com-
mon Pleas before Mr. Justice Best and a Special.
Jury. It:verdict was found to the effect that there
had been no usury, in direct' contradiction to the
Judge's charge, and. the present application was
made on -the ground of 'the verdict' being given in
direct opposition to the opinion expressed by the
Judge;in'his charge;
. The LoRD CIIANCELLOR, who had been looking
over the Judge's notes of the trial, s,aid; it' appeared
by the last paragraph that his Lordship was surpris-
ed-at the verdict, and conjectured that it had only
been returned by the Jury, because they were un-
willing to find a verdict in favour of the usury laws.
The Lord Chancellor thought, unless some other
facts appeared upon the Judge's notes, there were
ample grounds for a new trial.
Mr. Sergeant WiLng was against the motion for
a new trial, and was convinced that he could prove
to hiS Lordship's satisfaction that the verdict, of the
Jury was quite correct. •

The Lofty CHANCELLOR then. read: the. notes of
the trial. •

'The Squomort-GENERAL; Mr. Sergeant BoSAN-:
QUET' Mr.' HORNE, and Mr. TRESLOVE, were then
heard. In 1822 one Bramley; an agent•and bill-
broker, applied to Mr. Alcedo, a Spanish merchant,
for and obtained the discount of bills on behalf of
the firm OfWagstaffand.Co. to a very large amount.
At, the latter end of the same year, Alcedo also
counted for Wagstaffs to a large amount, without
the intervention of .Bramley... In 1823 Wagstaffs
failed; when -it appeared a sum of 4,090/. was• dice
to'Alcedo for bills done by means of Bramley, and
10,000/. done by Wagstaffs oh their own accmmt.
A trifling dividend was paid upon' the estate; and
no exact account come to by, Alcedo. In the same
year (1823) an offer was Made by Bramley to.
Alcedo for discounts, on which: the accounts should
be settled, and the interest paid weekly. fay Means
of these discounts:Bramley was to discharge that
debt which' he felt bound in honour to'Pay, 6; Al-
cedo, and by a private arrangement it was settled
that five per cent. should' be paid for the regular dis-,
counts, and'a further stun of 1/. per cent. in part of
the debt due from Messrs. Waggaff. .1144.w0
carried on during 1824, when out of the 10,000/, a
sum of 7,800/. had been paid off. The question was
whether this was usury.

Mr. Sergeant Wit.i)E made a long speech in sup-
port of the verdict; which •he said had been 'pro
nnunced by the Jury upon hearing
,the whole of the
evidence.

Sir CHARLES WETHERELL was beard on the
same side, and was followed. by Mr—HEALD and
Mr. SUGDEN. The argument . was not finished at.
the rising of the. Court. . ~ , ,

VICE-CHANCELLOR'S COURT, Nov. 17.

EXPARTE HOPKINS IN RE /HITLER, LROTHERS; AND CO.
The facts of this case, which came on, upon a
bankrupt
,petition, had Leen admitted on, either
side, and the: sole object of the parties was to obtain
the opinion of
the Court owthe.matter! in; dispute
between them. The petitioner was a merchant at
:Oporto, who had for some time beenin' he habit of
employing the bankrupts, Messrs. Butler Brothers,
as' his agents in this country.. On one- occasion he,
employed them in that capacity to piirchase for him
a cargo of iron, when the market price of that metal
should'be at a certain sum per ton; and in the very
same letter • which contained this commission, the
petitioner' nhad.inclosed bills to,theam'ourit of 7004
with which,, when
,'the purchase of'thc iron should
" the needful to
be made, „ha directed them to
his credit. 72. Messrs. Butler. Brothers, finding them-
selves unable to make the purchase as the-petitioner
had directed, wrote. to him to that effect, and at the
:same time informed him that. they Would hold the
bills for his use:. Soon afterwards commission of
bankruptcy was issued agginst Messrs. Biitfer Bro-
thers, and the assignees of the bankrupt taking pOs-
'session9f these bills,' and considering them as merely
formlng.a part of the general dealing between the
petitioner and the bankrupts in t.heir capacity of
-agent, 'and as being, consequently, in' the order and