The Sun.
London, England, 1811-10-31 00:00:00

I,d*

COURT OF KING'S BENCII, Oct, 2q.

NORTON V. sUAKIisI'UANK.

The investigation of this cause occupied the Court
almost the, while of the day, but a detail of the
evidence would-be wholly uninteresting. It Wilson
issue at Wog out olan -application made by the plain-
titl'itt the Court of King S Beoch, Westminster, to
prevent the defendant following up by execution a
judgment he had obtained against hiM on aCebunt of
Ili having regularly become a bankrupt, and Com-
pounded with his creditors, whereby, in virtue of
the sth of Charles 11. his person and propr-rty were
to be discharged from all claimsCousiituted previous
to his bankruptcy. The issue was directed for the
purpose of trying' by a
,Jury whipher.Norton had`
becomebecoe a bankrupt, and had obtained his Certificate,
and whether, under the peculiar circumstances of
thecase;that ce9iticate laid: the etre& of discharging
his futtneesta
te,and effet4 from the- just claim of
creditors who had not agreed to accept oldie com-
position offered and taken by others preyious,tO,:his
bankreptcy
Great part of the time of the Court was taken up
in proving that Norton was, a trader, and had com-
mitted an at of bankruptcy; and Lord Eilenlyo-
rough thought these points had been made out stitiS#

factorily, and also that the petitioning creditor's debt
wlas sullicitrinly proved. He also tlOught that the
misclocriptioD of thebanktupes
,resikhce
,kva4 not
such a 4 of itself to Imply fraud,as retnce was
made in the Gazette to the house of one of the as-
ii.gnees. It did not seem that any one of the credi•
tors had been deceived by it,‘ nor preVented, from
doing that which they
.would otherwise have done,
and that circulostith'ceplone ought not to invalidate
the commission. The
,material question , was, 1101.1 r

far the previous composition, entitled the bank-
rupt to a general discharge, and to release Lis estate
from all claims against, it ; that composition nqt
having been generally accepted, by the credit9rs.--,-
His opinion was, that if it were, such a comp, sition •
34 the creditors had agreed to accept, in satisfaction
of their debts, even 'although it were unequal, there
would be no doubt it. brought the, bankrupt under
the 'rte.tnitig of the Aa, and entitled him to the be-
nefit of his pertificate.. Esen that case was new, hcit
not of itnportaitce,as'it was not likely to be.of fre-
quent occurrence. • Ott that point, however, he
would take the 'opinion of the -Jugges : but thew
was another, which., rested • with the Jury,. which
regarded a debtat tempted to be
,peoved by a wit-
ness, nanied Solomon, amounting..A upwards of
3001. which had not been of all compounded. for at
tlie time Ihe composhion,had been accepted' by the
°Hun- creditors, nor since attempted to be enforced.
It appeared that that witness had oehher kept.books
in which he conld show that such debt was enter-
ed, nor could' he produce any voucher to substantiate
it. 'Phis man, Solomon., had attempted.to rear up
si debt, by alleging that be hattoccasionally advanced
Norton 1091. and had sold to hitn an&Lyon, jointly,
• sevrral watches in the year 4807, and iillhongti. he
attended theinteting at the Globe Tavern, he nei-
t her accepted the proffered composition, nor pri,ved
hift debt Under the commission. He had nei I her book-
ed bis debt, thew for it, or arrested either of the
panics, nor proved it under the commission, and
therefore the principal point now 10 to the Jury
was, whether.they believed Soltnnon's deposition so
as to declare him a tona fid creditor t,f these bauk-
rupts. If they beljevid his debt was ptopeely cOnsni-
fufed, thenithe questiort to be left for the opinion of
00Judges wotild he's )rnew ;tit varied from that
which otherwise • would be alone necessary to be
submitted "to them: His own Opinion A as, I tiA
it did not pie,•ellt t he- commi;siop effee-
tual, as sto the protcaron of the perso-t of the bank-
rupt. • • ,

The Jury, by their verdia, found that a 'stiff-
dent at of bankruptcy had h,,,,•11 proved; that the
bankrupt had obtained his Ceitificate regularly ;
they did not give credit to the alleged debt of Solo-
,moa against the-bankrupt•estste. • •
L.rad ,E4I,II4II6ROUGH Upon this ezpressed.
opinion, that the veidia raised the 'question;whe- •
t her the discharge was univerNal He thought. that
the composition was substantially such a one ..as
would
.secure the. person of the I.,)anic,rupt front
arrest; but not Such as to preVCPt future el-
'tads from bein liable' to the of former

WP.DNIMIDAN, OCT. 30.

DELL AND Honi V. WOODMAN, EAiTMAN, PATRICK.

SON, ANND BAGS,

This was an aelion by the plaintiffs.), taderwriters,
against the defendints, for the. sum' of 9001. due for
the insurance of the ship Isabella, two-of whotu,
Woodman and Eastman, bring bankrupts, a nati
proaequi was entered, so tar as they were concern-
ed,. -*Pittriekson suffered judgment to gt, by &rant; ,
so that Page remained the only abjeut,of the present

It appeared that one •of the defendants, Eastman,
had, without being duly, authoris,d, no kutlicient
evidence proving to the contrary, signed the name
of Rige, in the chariot-party ; and. Lord Ellenbo-
rough, in hit charge to. -the Jury, laidit down (flit
it was necessary to prove by derd executed, that
Pageliad•colinnisaionen Eastman fo iign his name,
arid ihat prattlers tit trade catmu hate •such a right
poks,.er ar incidtia, to their pm ner,hip. - •
l'he Jury, under hiN' Lordsirip's directions found a
..„
vet diet for the defendant. • •