Star.
London, England, 1815-02-11 00:00:00

LAW INZILLIGINCE.

COWL? OF ;cows WINCH', FEB. 10.
TUE ASSIGNEES OF N. WALSH V. Slit T. PLOMEIt.
Lord ELLENBOROUGH this day delivered the judg-
ment of the Court in the above-named cause, which
was an action of trover brought by the Plaintiff
against the Defendant, to recover back the certifi-
cates and securities for fifty shares in the American
3 per cents ; and also the amount of 711 doubloons,
value together near £ll,OOO, which had come into
his possession under the following circumstances.—
The defendant was the Right Hon. the Vice-Chan-
cellor, and the bankrupt a stock-broker, who had for
a considerable time been employed by the defendant
as his broker and ascot. In 1811 the defendant had
formed an intentiorrof purchasing an estate, and in
the month of September of that year, he consulted
the bankrupt on the subject, who advised him to pur-
chase. It passed on till November ; the price for the
property was agreed on, but the writings and con-
veyances were not complete. The money with which
the defendant intended to pay her the property was
at this time invested in the funds, and, towards the
latter end of November, the writings not being yet
ready, the bankrupt communicated to the defendant
his opinion that the funds would soon feel a depres.
sion, and advised him to sell out his stock, and invest
its produce in Exchequer Bills ; so to remain till he
should be able to complete his purchase. The de-
fendant adopted this advice, and on the 29th of No-
vember stock to the amount of £22,500 was sold out,
and the transfers and other necessary steps having
been taken, the sale was completed on the 4th of
December, on which day the bankrupt received for
the defendant £22,500, which sum was paid into
Gosling's cn the defendant's account. On the sth of
December the bankrupt received the defendant's final
orders to purchase Exchequer Bills, and received his
(the defendant's) draft on Messrs. Goslings fbr
a:22,5ed ; which sum he was specifically directed to
apply to the purchase of Exchequer Bills, and to no
teller purpose. The bankrupt accordingly presented
the draft at Messrs. Gosling's, and received the
422,500, £6,500 of which he did, in the course of
the day, lay out in Exchequer Bills, and deposited
them with the defendant's bankers. On the afternoon
of that day the bankrupt called on the defendant,
and informed him, that he had so purchased the
£6,500 worth of Exchequer Bills, and that he had
agreed for the remainder on a future day ; and that
in the mean time he had deposited the Exchequer
Mlle already purchased, and the balance of the
£2`2,500 in Gosling's house, on account of the de-
fendant. It appeared, however, from the circum-
stances which followed, that the latter part of his
statement was not true ; for on that day he had pur-
chased for himself, with eleven of the identical one
thousand pound notes, which he had received for
the defendant's draft, the American Stock in ques-
tion ; and also that he had changed another of the
notes n ith his own brother, and received, as part of
the change, a draft for ees9O, with which draft he
purchased the doubloons, now the subject of cornea-
Lion. It further appeared, that previous to these
transactions, the bankrupt was ruined in his circum-
stances, and had conceived the intention of applying
the property to his own me; and that, in pursuance,
of such•intention, be had left his dwelling-house on
the morning of the sth, not meaning to return, taking
some clothes and travelling necessaries, and quitting
town on the evening of the sth, in the Falmouth
Mail, at which place he arrived in due time. Whilst
waiting at Falmouth for a fair wind to proceed to
America, he was, on the 9th of December, overtaken
by Mr. Jenkins, the defendant's solicitor, and Ad-
kins, the Bow-street Officer, and taken into custody.
On being thus detected, be, without hesitation, de-
livered tip the property in question to Mr. Jenkins,
and executed a deed of assignment to the defendant
on the same day ; after which they returned to Lon-
don. The bankrupt was indicted and convicted for
felony ; but a point was reserved for the opinion of the
Judges. He was, however, afterwards pardoned, no
judgment being pronounced on his case. The plain-
tiffs, on the Commission issuing against the bankrupt,
applied to the defendant, to have the property in
question given up to them ; and their application not
being complied with, the present action was brought,
a verdict was taken for the plaintiffs, subject to a
case reserved for the opinion of the Court ; on which,
if the decision of the Court should be in favour of
the defendant, the verdict was to be set aside, and a
nonsuit entered ; but should their judgment be con-
trary, then the verdict must be established. His
Lordship, in delivering the judgment of the Court,
said, the defendant's claim for a Nonsuit must.de-
pend on his establishing two points :—First, That
he property of a principal entrusted to a factor for a
specific purpose is his property still, even though
changed in its nature by the factor, if it can be spe.
cilied to be the produce of his original property' •
and—Secondly, That such property, so changed,
might be recovered from the assignees of a factor be-
coming a bankrupt, in the same manner as it might
be recovered from the factor himself. Ou these points
the Court were decidedly of opinion, that no abuse of
duty could confer a right on him who was guilty of
the abuse, or of those who derived a claim from him.
With respect to the change of form in the property,
it certainly could make no difference, either in law
or reason, into what form it was changed—whether
it was changed into bills or merchandize, the right of
the principal would still follow, as lung as the pro-
perty could be ascertained. The claim could only
fail when changed into money, which money should
be so mingled with other money of a similar sort, as
to prevent the possibility of its being distinguished ;
hut here even money so marked as to render it distin-
guishable might be followed. It had been decided
in various cases, that property of principals in the
hands of factors did not pass to the assignees of fac-
tors. His Lordship then proceeded to cite several
cases, and the opinions of various Judges, in support
of this opinion ; and particularly the case of Wid.
• comb and Jacobs, in Ist Salkeld, in which a factor
had sold the goods of a principal, but instead of
money had received merchandize, and afterwards
died. In that case it was decided, that the merchan-
dize so reserved appertained to the estate of the mer-
chant, and not to that of the deceased factor. Mr.
Justice Wines had held, that if a factor sold the goods
of a principal for payment at a future day, or took
bills in payment, and should become a bankrupt
before the tittle of payment, or die bills becoming
due, and his assignees should teceiripayment, the

sem so received by them must be taken ei received
for the miirchaut's use. That great luminary, the
late Lord Illansfialit; had also held, that the specific
effects of a testator, in(the hands of executors, did not
in a case of bankruptcies pass to assignees, but re-
mained in the testauw, even if that specific property
was money. The following money into land also,
Lord Hardwicke had held to be giiod, the only dif-
ficulty in that case being the proof. En the present
case there was no difficulty whatever ; the defendant
bad re-possessed himself of that prOperty, which, how-
ever changed, had never ceased to be his. And on
these grounds the Court were of opinion the plaintiffs
could not maintain an action, which, if it had been
brought against them, to recover from them, they
could not have defended ; and. therefore, that the de-
fendant was entitled to retain the property, aad
nonsait must be entered.

By this decision, it is said, .iir THOMAS Pt.t:mett
will recover I'2 co Xll,OOO W his property, ss.Licli he
had entrusted to Walsh.

Thursday se'nnight the lauds of the Council mei
at the Council Chamber, to hear and determine Prize
Appeals, when the important cause of SEXTON and
M'DoNALU, which has been' several years in litiga-
tion, was finally decided in the Appeal from Grenada,
in which the fate of £500,000 was involved. The
MASTER of the Roti.s delivered the Judgment of the
Lords, which reversed the decision at Grenada.—
The Gentleman was in Court at the time the Mas Ten
of the ltom.s delivered the decree, whom it was
against, and the instant he heard it, he rushed out,
seemingly in the greatest state if despair.
MANSION House.—Yesterday Tb.m.o Lewin was
charged by a Mss. Graves, of Angel court, Throg-
morton-street, with an assault. The prosecutrix
stated, that some months since the prisoner, and one
representing themselves to be merchants,
took two oilier rooms, which they pretended to con-
vert into a counting-house : a desk, however, was the
only article brought there. A number of persons, not-
withstanding, met there for an hour or two each day,
upon the pretence of transacting business. Their de-
liberations, however, usually ended in squabbles and
fighting. After a considerable time a set of account-
books were brought in, and the prisoner ordered a
chaldron of coals, which was furnished by the prose-
cutriz. The parties kept possession of the apart-
ments until the rent had amounted to £2O. A num-
ber of visitors now daily flocked to the house, in
search of the merchant: the prisoner, however, had
fled, leaving nothing behind but the desk, and the
books, in which a line had never been written. At
length she received information that he had apart-
ments in Bond court, and she repaired thither on
Thursday morning, when she found the prisoner at
home, and having demanded her rent and other
charges, he struck her a violent blow on the breast,
which brought her to the ground, though sl:e was tin.
der the care of 2 surgeon ft - a complaint in that
part. Mrs. Bailey, of Tabernacle-wall!, deposed to
the prisoner and his partners having apattnients at
her house for some time previous to their going to
those of Mrs. Graves. Having, however, received
information to beware of him, she succeeded in tur-
ning him out. The prisoner produced Shakells as
one of his bail, who was recognized as being deeply
implicated with him. The other was a porter to a
house in the Borough, but representing himself to he
a housekeeper in Spitalfields. Mr. Alderman MAC-
NAY ( who sat for the Lord Ma)or) indignantly re.
fused such bail ; and the prisoner was fully com-
mitted.

MA It Lsounuolt4TEEr.--Yesterday Bullcrk was
charged with stealing a 423 bank note, the property
of Lady Proctor. The prisoner was a footman in
the family, and the property was left in an open
drawer in the drawing-loom, into which no parson
but the prisoner had been. He at first denied having
been in the room ; but it was proved that be bad
carried candles into it. He was remanded.

Q U EEN-SQU A um—Yesterday Sarah Ilrgrucn, sixty
years of age, was fully committed, charged with
stealing pewter-putg, from the Northumberlo ud-arms,
Northumberland-street ; and the sun, in Scotland-
yard.—As was J. Babb, alias roung Roney, charged
with stealing a quantity of bread from a baker's
basket.

T. Brier(lire, a butcher, of Little BAton, Lanca-'
shire, on the laudable prosecution of the humane
Municipal Officers of that place, was at the last
Quarter Sessions sentenced :u three months imprison-
ment, for cruelly maiming and torturing a sheep ;
the Court deeply regretting that they wire not autho-
rised to inflict the additional punishment of whipping.
CAUTION AND ADVICE TO ASTII%I ATIC AND CONSU
nvE PATIENTS-N.) Medicine has proved so beneficial
in the cure of Asthma, Consumption, Wheezing, and
Winter Couili, as the PiterA nun S•rn A NION lUM and
Oxystec of Surgeon Flown. In the last edition of
his Treatise on the cute of these diseases, he has enu-
merated several desperate cases that were effectually
cured ; and although, two years have elapsed, they
have cot experienced the slightest return of the com-
plaints. The success that has-uniformly attended the
use of these remedies, has induced many to imitate
them, and others to sell the common Stramonium for i
the Prepared Herb, but to prevent so serious an im-
position in future, the name of 44 Richard Butler" is
engraved, per favour of the Honourable Commissio-.
ners, on each :tamp, and affixed to each packet and
bottle, without which name the medicines are tither
not genuine, or from being kept have lost their virtues.
The Prepared Herb for smoking, and Osymel kr in-
ternal use, is sold only in London, wholesale and re.
tail by Richard Butler, No. 4, Cheapside, corner of
St. Paul's Church-yard ; Harris, Ludgate-hill ; and
Bacon, Osford•street : to be had also of Sharp,
son, and Belam, Portsmouth ; Jones, Weston, All-
mot, and Mallory, Portsea ; Hall and Johnston, Gos-
port ; Coleman and Jacob, Sheerness ; Peck and
Ross, and 'rimier, Hull; Hoxland, Cookworthy, Net,
tleton, and Gilbert, Plymouth ; Knott and Lloyd,
and Swinney and Co. Birmingham ; Staines and
Lynch, Manchester ; T,ewman, Exeter ; Smith.
Mandeston, Reabuin, Scott, and Baxter, Edinburgh 1
Baxter and MsDonahl, Glasgow; Bulgen and Barry,
Bristol ; Stephenson and Co. Norwich ; Swinten,
Leicester; Edwards and Penny, and Billinge and
Lathbury, Liverpool ; Neale and Ledger, Dover ;
White, Brighton ; Roberts, Seldon, and Ruff, Chel-
tenham ; Simmonds, Blanciford ; Roach, Plymouth
Dock; and by most country medicine venders, in
packets at 4s. 61 and bottles at Ss. GI.

PRICC.3 OF 1-I,tY AND STRAW YES lI.RDEI Y.
ST. JAMES'S. Will rECIIA P; L.
flay 01 to 51 0, 01 I Fray 4 4, ToSI r.S CO.
Straw II log 041 rn 0,1 straw 11 um rn 11 Ili o.!

Naw pAni. 24E%! PC:cgirr!.
Katt Si 101 to 81 15s Fast - 41 lus to PI 0.
Stoics IA Us to 71 10. Sust.z• - '.l u- w 71 :Gs
E+Nex 71 us to bi IV. Tcttll,am 111 04 VI ~s

ill HOPS.

RAW
Bra Ilaers and Steers (;:•1
stone) - 6.1 to 2. iCi
n11(111140 Y. 01 lir,

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onl:t. try la ed to 103.
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