The Sun.
London, England, 1827-11-24 00:00:00

:LAW INTELLIGENCE.-(THIS DAY.)

COURT Ol' CHANCERY.
tx. DANIP.L., IN THE 'BATTER OF SOLARTE, A BANKRUPT.
.)Ir.
whiSoLiCrrolt GENERA!: attended and replied in this
k new trial.
;natter ch, it will be recollected, was an application for
The short round on which he ut his case
was (upon which the discigissions lasted the whole of the last
day on Which it cause before the Court) that upon the
bpeen present occasion the real question between the parties had not
ut to the consideration of the jury; or that if it bad,they
bawll. arrived
at a wron conchision upon the evidence laid
before them.--thereforeg he submitted the Court ought to
send the case to
the investigation of another jury. The
verdict was
The
.ALoan
, against transaction_ up of the Lord Chief
Justice,Tl an'' glut the was not usurious.
HANCELLOR, at the close of the argument,
(Tern': hi' judgment. He said he had read the evi-
o„,ien— ITlkated by the Learned Judge below; 'sad, at the requeet of the Counsel, all the evidence that
he had
iq— 15gen before the Commissioners, and the affidavit of
We' Jaleanie:4 anti having taken all the circumstances of
then, to consideration, he was of opinion
very
I, °tight to be no new trial. To a . •
-rrige
fontan:w Alzedo' had discounted bills for Daniel,
In'
bills the amount of 54,000/. was the subject of the
lteaent issue. The 44004 had been pai prodd
ovuce of those bills, to the extent
b. 4
over to Danil, an the question Whether the whole 54,000/. was eto bed lost to Alzedo
orf the Persons who repreaented his estate,
- .u'ar'Y ? It had been contended the transaction was tainted
upon the ground
'ltb usury, and therefore the loss should take place. The sub-
:6. part part of the evidence parole and written, amounted to
ks.)a, that transactions to a very limited extent had taken place
f 7tweeo Alzedo and 'Wagstaff ; the former knew but little of
'ae latter, but from communications that took place after-
do between Alzedo and lirande respecting Wagstaff, A• -
(10 Was induced to suppose that Wagstaff was a person m
Igh credit, and thereforehe discounted bills for him to a very
rge amount. 111,:
hick he attriouted to the epsus ntations of Brarnley, and
,_ -o.,ruatel h tained a loss by Wagstaff,
'e propriety of
Whieh BrartneleryeseiVas so convinced of, that
'si considered h;
In --„l4lself hound in honour and justice to pay
edu lb.; `lie commencement of the transactions, Al-
., as -'ani. on the application of Ilr.l-oall'Y' to discount
8 bogs hi
Upon the ordinary.. terms of deducting
s guarantee a
Per cent. and commission. • Bramley said, he owed
debt to Alzedo which he wished to pay off
'Yk•Alaedo retaining ten per cent. in respect of it, until the
'"t wad disClargt-d from the sums lie was t 45 receive as dis-
, cunt for his bills ; 'this had been admitted on all hands to
44 beeß a bonaftde transaction, and to which usury could
of h.
ascribed. After this debt had been wiped away in this
i '.l"ner, llramley desired to pay Alzedo the loss he had sus-
rt 4€l
of
'Wgstaff, on precisely the same principle, but in-
d uf retaining ten, Alzedo Was only to hold
, 'lt one per cent, in liquidation of that debt, which
,'sole dlonlit proper to become liable for ; and
bether the one per cent. had not
! real question was, whether this really was so, or
i yowl what h been retain
for e vas legally entitled to retain, as an
r , sesment • ed by Alzedo
hira to continue the discount deal-
-1• • The question had been fairly put to the I,
n. It
Y, and they returned precisely such a verdict as
would h.ave done had he been one of the jury-
., was impossible to suppose that a case of this kind
• ?dlrld
!Hot raise a doubt ; but the whole of the
ince was to be considered, and the balance of
sr;eeidedlY was in favour of the integrity and
iiii:e the transaction. The Lord Chief Justice's
f rote ,usurious
r , tu°o, that the Jury ought to have found the transaction
' was entirel without foundation, and there-
lication for a
wnistriaL°rd'shiP felt bound to refuse his aPP