Star.
London, England, 1830-04-20 00:00:00

LA it INTELLIGENCE.

COURT OF KING'S BENCH, Antra 19.
ItOPER V. PHILLIP*.
This was an action brought by the plaintiff; the nephew of Lord
Teynham, to recover compensation in damages from the defendant,
for suing out a commission of bankruptcy against him, when he had
never been subject to the bankrupt laws.
The plaintiff complained, in his declaration. that the defendant.
maliciously, and without reasonable or probable cause, sued out a
commission of bankruptcy against him, under which he was de.
dared a bankrupt, and put to considerable expense before he could
obtain a supersed eas.
It appeared from the evidence before the Court, that the plaintiff
and defendant had been long acquainted before the suing out of the
commission. The plaintiff in 1816 had some commission in the
service of the Marysville of Anspaeh, at Brandenburgh.house ; he
had various transactions with Mr. Phillips, and bought and sold
goods; the plaintiff having been attacked by apoplexy, which
placed his life in danger, he left town for Dover, and crossed over to
Calais; Mr. Phillips had received no communication on the sub-
ject of the Major's departure, and therefore went in search of him.
Mr. Phillips; and his attorney followed the Major to Seism, Dover,
and Calais, and at the latter place requested security for Mr. Phil.
lips's debt, which amounted to 1,9001. The plaintiff at that time
was suffering under illness, and was not permitted to give the secu-
rity demanded. The defendant then came back, and, anxious to
secure his debt, joined other creditors, and took out a commission
of bankrupty. Application having been made to the Court of
Chancery to supersede the commission, an issue was directed by the
Lord Chancellor to try whether the Major had made himself a
trader liable to the bankrupt laws. The Jury by their verdict found
the commission invalid, and it was superseded. The bill of the
plaintiff's attorney amounted to 3481.
Mr. F. Pounce Counsel for the Plaintiff, contended upon the
facts that the Defendant had no fair pretence for issuing the commis.
sion. His client did not seek vindictive damages, but a fair remu-
neration for the expense he had incurred, and the anxiety occasioned
by the proceedings.
Mr. Baouonam contended that the Defendant was justified in
the proceedings he had adopted. because he had every reason to be-
lieve the Plaintiff had made himself liable to the bankrupt laws.
There was no doubt about the petitioning creditor's debt, and that
the plaintiff appeared to be a person buying and selling goods he
should prove beyond doubt.
Several witnesses proved that the Plaintiff bought and sold goods
in the Defendant's sale rooms on several occasions.
Lord TENTERDEX said the question was not whether Major
Roper was liable to the Bankrupt Laws at the time the Commission
issued, but whether the Defendant lead reasonable or probable cause
for supposing him liable, tor although he might not be liable, yet
if the Defendant had reasonable cause to think he was au object for
a Commission, and took out a Commission fairly and honestly, this
action could not be sustained. His Lordship, after stating the
proofs requited by law to make a person bankrupt, went through
the evidence, and left the Jury to decide whether the Defend.
ant had reasonable cause to take out the Commission, observing, if
they should be of opinion that he had not sufficient ground to issue
the Commission, it would bean improper proceeding, and the Plain-
tiff had a claim to their verdict.

The Jury found for the Plaintiff; damages, 6001.
LIFE INSURANCE.—HALFORD V. HYXLII.
The Plaintiff, a Banker In the City of London, brought this ac-
tion against the Asylum Insurance office, to recover 6,0001. on a
Policy of Life Insurance.
Dlr. F. POLLOCK stated that the plaintiff being desirous of se-
curing an interest he claimed in the life of his son, obtained a policy
of insurance from the defendants. The premium and insurance had
been regularly paid. The policy was to expire in February 1825,
and his son died on the 21st of January preceding. The single
question was, whether the plaintiff could legally insure the life of
his son, and that question he understood depended upon • point of
law ? No reflection was cast on the defendants for resisting the
retiff% demand, but it certainly did depend upon a point of law.
policy had been obtained upon this ground :—A father who
had educated his son, and expended considerable sums in such edu-
cation, had an interest in the life of that son. In oil age he had a
right, by the statute of Elizabeth, to support from a son, and there-
fore might insure his interest in the life of that son. The Act of
14th Geo. 111. provides that no insurance shall be made on the life
of any person, unless such person have a legal interest in the life of
the individual. The question was, whether a father had a pecuniary
interest in the life of his son ; and whether the interest insured in
this case was such as the law would recognize ? The Learned Coun.
ad submitted that it was a valid interest, and compared it with the
insurances made for the benefit of families by parents. The case
lof a husband insuring the life of his wife was founded on the loss
he might sustain by being deprived of her services. A father on the
same principle, bad a right to insure the life of his son. No man
could tell what assistance he might require in old age ; and as the
law gave him the right to look for support to his son, he might in-
sure that life.

Lord TENTEILDEW asked whether there was an agreement upon
the facts ?

The ATTORNIT-GINZIAL admitted the facts stated by Mr.
Pollock.

Lord TENTEIDIM said there could be no doubt it was a pecu-
niary interest, but as they agreed upon the facts they might take the
opinion of the Court upon the law. His Lordship did not on that
occasion give any opinion.
The plaintiff was nonsuited, with liberty to move to enter a ver-
dict, and if there should be any doubt, the Court to order a special
argument.
COURT OF COMMON PLEAS, APRIL 19.
His LORDSHIP presided this morning in Middlesex, to hear an.
defended causes ; after which he sat in London, to bear Common
Jury cases, of no interest but to the ponies concerned. To-morrow
the Special Jury cases will commence.

- - - -
OLD BAILEY SESSIONS.—APRIL 19.
OLD COURT.
Before Mr. Justice PARK.

Wm. Warren, aged 27, was arraign 4 kr baring committed a
violent assault upon Emma Elizabeth Hartland, on Thursday, the
25th of March, and George Miles, aged 34, and Isaac Smith, aged
30, for aiding and abetting in the said act.
All the prisoners are married men, and have families. They
were acquitted on account of the bad character of the prosecutriz.

NEW COURT.

• (Before Mr. Sergeant Altana.)
Thomas Wallace, William Wallace, and William Piper, were
indicted for breaking and entering the tool house of Edmund
Hill, and others, at Tottenham, and stealing therefrom various ar.
tides, value 30s. and upwards, during the night of the 27th of
February last.
Several witnesses were called in support of the prosecution, and
some were also examined on behalf of the prisoners. The Jury
found William Piper and Thomas Wallace Guilty, and William
Wallace Not Guilty.
Wes. Wallace, Thomas Wallace, Jane Wallace, and Wm.
Piper, were severally indicted for breaking and entering, on the
night of the 2Gth of Feb. the shop of Mr. Lawson, at Tottenham,
and stealing therefrom a dead pig, a quantity of oranges and apples,
and divers articles of wearing apparel, his property.
Mr. BODKIN conducted the prosecution, and Mr. BARRY the
defence. _ _ _

The evidence having been gone through, the Learned Sergeant
summed up, and the Jury found William Wallace, William Piper,
and Jane Wallace, Guilty—Thomas Wallace Not Guilty.
The COURT then sentenced Jane Wallace to be transported foe
fourteen years, and the other three prisoners to be transported foe
life, upon which the younger Wallace exclaimed, " Thank you,
Mr. Hill I" and Piper said, I'll bring you a blessing upon my
return."

Mr. Sergeant Al4llllll then desired two females, Esther \Valises
and Eleanor Lawrence, who gave evidence in favour of the prisoners
upon the former indictment, to be forthwith committed to Newgate,
for having this mowing been guilty of the most grams and
wilful perjury.
Wiltiast Show was found guilty of stealing a silver snuffbox,
value 51. from the person of \Villiam Crockford.

MAXUZIM, APRIL 11.—An extraordinary Privy
Council was held at Carlsrube a few days after the death
of the Grand Duke. It is reported that a deliberation was
held upon the measures to be taken in case Bavaria re•
newed the pretensions which she made at another period
upon some parts of the states of Baden. It appears
that in 1827 the Government claimed the intervention
of Russia, for the Margrave Leopold has addressed an au
tographic letter to the Emperor Nicholas, calling upon him
for the protection the late Emperor Alexander promised to
the country of Baden whenever it should be threatened by
the invasion of the Bavarians. Similar applications have
been made to the Cabinet of Berlin, whose policy is always
conformable to that of St. Petersburgh. Hopes are enter-
tained at Carlsruhe that all will be arranged without its be-
ing necessary to have recourse to the Germanic Diet, and
that, thanks to the intervention of the great Powers, the
tranquillity of Germany will not be disturbed. As soon
as the answers from St. Petersburgh and Berlin are re
ceived, and in case they are satisfactory, orders will be
issued to countermand the preparations of defence that
the Government thought necessary to prescribe upon the
frontier bordering the Bavarian territory.—Quotidienne.

POLICE INTELLIGENCE.
BIANSION-HOUSE.
Tux LORD MAYOR's MAN IN Aastoua.—A vety helot ,
scene took place at the filansion.house yesterday on the oects;tri
a charge against an almoner of the Tower, who is in the habit of act,,,
as armed knight to the Lord Mayor on thst most remarkable of dat.
in the city of London, the 9th of November.
Mr. Clements, a gentleman who resides in Trinity-rquarc, st.e."!
that the almoner, who lodged at his house, was in the habit ,e
throwing up the windows in the dead of the n4ht and callit,g
watch, to the disgrace of the house and the alarm of the whole mils.
bourhood. For this sort of conduct there was no excuse whatever,w,
it was in vain to expostulate with the almoner. a ho, on the precut,
ing night, upon returning heme.tipsy, Irightened all the ladies in t(
house by roaring out for the assistance of the guardians of the night.
The witness thought the best way to dispose of him was to chug,.
him to the safe custody of those whose aid he invoked, and at ham
past eleven he was consigned to the bliltspur-street compeer.
The boat, MAYOR said the practice complained of was a very
extraordinary one indeed, and asked whether the almoner wa, net
lather touched in the pericranium ?
Mr. Clements said he fancied that something of the kind roust br
the case, but he attributed this perverted flight of the imagination
to the excessive use of strong cordials. 1
The almoner, who is a man of gigantic proportions, with a begs
quantity of whitish hair thickly set in his head, shook his head a:
this intimation, and held up a finger on each side of it, as if to say
that if he was mad he was horn-mad.

His lordship sulked his knight why he took such a fancy to
the society of the watchmen at the time when all reasonable men
were going to bed ?
The almoner said the fact was, he did not fancy the society of
his landlord, who was rather too particular in his attentions to his
wife to give unmixed satisfaction. He (the almoner) had returned
to his lodging on the preceding night, and was not long in his bed.
room with his wife when he heard a footstep close to the door, and
on opening it he perceived his landlord watching fur a wicked op-
portunity, like Tarquin. (Laughter.)
The Loan MAYOR—And pray where was your landlonl's vitt_
all this time ?
The almoner said he believed she was in bed.
Mr. Hobler—And so you think that your landlord left his owl,
wife in bed to visit yours, even when you were with her ? He must.
be a man of very overwhelming passions. (Laughter.)
The almoner said, his landlord did certainly haunt his chamber
and he was therefore determined to have the watch into the house t,.
do him justice; but the moment the rattles were set to work, hi-
' landlord turned round on him, and gave him into custody.
The Loan blavow said the step of Lb/landlord on the stair:,
was one of thou " trifles light as air" which jealousy fixed upon as
" confirmations," and that a man was not to be suspected of in-
triguing with the wives of his lodgers because he took it into his
head to walk about his own house. " But," said his lordship, "11-.2
your wife complained of his conduct ?"
" Complained !" said the almoner, with a laugh, " not she, in-
deed. She, I have every reason to suppose, encourages him."
Mr. Clements declared most solemnly that such an imputatio;t
was the grossest libel that could be uttered. The defendant's wife
was an extremely respectable well-conducted lady, and had suffered
most severely from her husband's unmanageable and mischievous
ViILORD MAYOR suspected that hard drinking had sum.
mooed the green-eyed monster into the few moments of unhappy
thought which the almoner had on recovering from his night'.
debauch.

The almoner admitted that I.e drank freely; but he denied that
the monster described was raised by the mere effect of the imagina.
don, or that the glass made him see imperfections in hit, wife whi:!.
she did not possess.
The Loan 31avoa told the complainant that it was a very pat
annoyance, no doubt, to be subject to the visits of the watch at
hours, and asked him whether he could swear that he was in fear of
the almoner ?

Mr. Clements said he certainly was not, as he considered
able to manage this gentleman. Every woman, however, in t
house was greatly frightened at him.—(Laughter.)
The almoner—Well, I'll tell you what it is. I'll leave n:y ;sr
and furniture and all with you, and never again enter your door..
you let the matter drop here.
Mr. Clements said, that the almoner must certainly quit
house, but he must pay up his arrears of rent, which the valt:t t•
the furniture did not amount to, before he could be considered a:
liberty to depart.
His Lordship ordered that the almoner should find bail if he fai:ri!
to satisfy his landlord, and that he would no more appeal to th.
judgment of the watchmen on the subject of his jealous suspicions.
BOW-ST REST.
ROlllll6kY BY A Szerawr.—Yesterday Jos. Warman a youn;
man of respectable appearance, was brought up, charged with steal-
ing a gold watch, value 701. the property of Robert Vansittart, Esq.
the nephew of Lord Bexley ; and Joseph Bell, a mere youth, sr'
with being an accessary after the fact.
chillre.d Vansittart is an Officer in the Guards, and the prisoner, who
is a private in the same regiment, was his servant. On Wednesday
last Warman was entrusted with a gold watch by his master to take
to the shop of Mr. Barwise, the watchmaker, in St. Martin's-lane,
to be repaired. The prisoner went out but did not return, and wh,.
it was found that he had absconded, information was sent round
the different pawnbrokers with a description of the watch, art:
on Saar rday night the prisoner Bell offered it to pawn at Mr. Sower.
by's, a pawnbroker in bring-acre, where he was stopped and girl:
in charge. He stated that he received the watch from a lourg trn
who could be found at a house which he described, in 11 bite Lior..
street, Seven Dials. The officer went to the house rointed out. are
there apprehended Warman, who was in company with two gs.Tls of
the town.—The prisoners were both committed for trial.
MARTIN'S ACT.—On Saturday, at Union-Hall three boys of Mr.
Holland were fined in costs, on complaint of the Hon. Secretary of
the Society against Cruelty, for ill-treating an ass ; and on Taurs•
day, at Bow-street, Geo. Cottrell was fined 10s. and costs, on
plaint of the Inspectors, for similar conduct towards a horse.

BIRTHS.
At Weston-green, Surrey, the lady of the Rev. E. 11-calvliouse,
of a daughter.—At Brookfield, Tipperary, the laity of C. Cambia.
Esq. of a daughter.—The lady of C. Copland, E.q. St. Ancia ta-
mer, North Brixton, of a son.—The lady of H. Hamilton, Esti.
Bloomfield-lodge, Norwood, of a daughter.—At Englefield.Freti..
the lady of Lieut.-CoL Salwey, of a son ana heir.—At Edinburgh.
the Hon. Mrs. F. Hamilton, of a son.—ln Georg-street, Hanovo-
square, the wife of H. Mayo, Esq. of a daughter.—At
the lady of F. L. Roy, Esq. W. S. of a daughter.—At Edinburgh.
Mrs. F. Grant, of aeon.—At Coupar, Mrs. Dr. Lowt, of a von.