Star.
London, England, 1813-02-02 00:00:00

INTILLICZYCE.

COURT OF CHANCERY, FEBRUARY!.
=PARTE BRYANT.
This was a petition by Mr. Bryant, an ems, •
Solicitor, to stay the proceedings under a cam •
sion of Bankruptcy, taken out against him, as d
and chapman, and bookseller, until be should lair
an opportunity of trying its validity at law.
Mr. MONTAGUE, for the Assignees, resisted the a
plication, on the ground that a trial at law had ~
ready taken place, and in the judgment of th Con
of Common Pleas, the petitioning crediroi6- debt, tk.
trading, and act of bankruptcy, had !Len proved
as to support the Commission. He hoped thereto
that the Court would see no reason for any Lath
delay. No difference ought to be made between.
rich Bankrupt and a poor one
,Mr. M. to sliew th
delay was the great object, adverted to certain %Trot •
in the petition, from which it appeared that it •
designed to carry the case into the House o! Lends:
Sir SASIt'CL ROVILLY said it could not be ca • .
into the House of Lords, and yet his Learned Friers
kad condescended to dwell upou these foolish word
in an ill-drawn petition ; like a lion labouring to
in pieces a fly. He contented, that though M
Bryant had at times purchased valuable and curiou
books, and afterwards disposed of them for profit, i.
ought not to be cons;ered as a bokseler, in th
usual sense of the term, and thereforeo was not halal
to the Bankrupt laws. Mr. Bryant was fully con
petent to pay his debts, and offered to give up a
estate to his creditors, to secure such payment ; tiu 1
as he did not think himself liable to the bankrupt law
he was anxious to get rid of the Commission. t
The LORD CHANCELLOR observed, that he hinisel '
and he supposed most gentlemen at the bar, had •
• a good deal surprised, to hear of a coMmissio,
against Mr. Bryant, the solicitor, as dealer an•
chapman, and bookseller. It appeared, however, ties
Mr. Bryant bad occasionally purch.tvd valuabl •
books and prints, and afterwards sold them, and
Court of Law bad pronounced that this was a tradin
within the Statute; he therefore saw no reason to
staying the proceedings upon that ground. But i
the offer of Mr. Bryant was such as ought to satisf
the creditors, then there could be no occasion to pr .
teed in the commission. He would consider t
point, and give his opinion on Wednesdays Hi
Lordship also adverting to a statement of Mr. Bryant
that he had suffered some inconvenience from th '
non-attendance of the Commissioners, said that thi •
was very wrong, and hoped he should hear of n
suck complaints for the futore4
The case stands over till Wednesday marring:
COURT OF KING'S BENCH, FEBRUARY t.
Mr. Justice daose took his seat on the Bench ti
the usual hour, and was occupied till near th
, o'clock id hearing justification of bail. None of tl
other Judges came down to the Court, and no oth
business was done.
as rTINOS AT GUILDHALL BRIORI LORD LLLENDOROODIE, i
ANA A SPECIAL PORT.
W/LSOIL AND OTHERS v. RYMER AND OTHERS.
This was a case of considerable conseqiience to the
mercantile world.
The Plaintiffs, as ownets of the ship Harmotty,
brought the action to recover a sum of between twit
and three thousand pounds, for the freight of goods
brought in their ship from one of the West-Indie
Islands to the port of London, in the year 1810..
The ship was freighted in this voyage q the firm of
Williams and Wilson, and to them the cargo was
consigned. About the time of the ship's arrival they
indorsed the bills of lading to Kymer and M'Taggarr,
the defendants, who were then in advance to them;
above £lOO,OOO, upon this and other cargoes. Ky-
mer and *Taggart landed the goads at the Custom,
House in their own names, but they were entered in
the books of the West-India Dock Company, in the
names of Williams and Wilson, the consignees ; and
i by an order from Williams and Wilson, were after.
wards transferred to the defendants, who sold them,
and applied the proceeds in reduction of the debt due
i to them from the consignees.
Messrs. PARKE, MAILRYATT and CAMPBELL, called
a number of witnesses to show that under these cir..l
cumstances Kymer and *Taggart were liaSle fori
the freight of the goods; that it is customary for Mel
persons who enter and land cargoes in this n annetn
to pay the freight, although the ship be chartered'
to another party ; and tha: the Defendants had them.''
selves before paid freight upon similar occasions.
The SOLICITOR-GENERAL and Mr. PULLER, on the
other side, proved that the, Plaintiffs had demanded k
the freight from Williams and Wilson, and had
proved it under a commission of bankruptcy, after-
wards taken out against them, and contended, that
the defendants merely stood in the situation of broe
kers, who ctid not render themselves liable for freight'
by landing the goods; that the Captain ought to'
have detained the goods for the freignt, and that if i
the doctrine contended for by the Plaintiffs should'
succeed, no purchaser of goods would be secure'
against a demand for freight. .
Lord ELLENBOROUGH lett it to the Jury upon the
usage of trade, whether they would infer a promise
by the defendants to pay the freight, as they had real
ceived the cargo after the bills of lading had been in. '
cloned to them, and when they were not merely bro.
hers, but beneficially interested in the goods.
Verdict for the Plaintiffs for their whole demand.
COURT OF COMMON PLEAS, FEBRUARY 1.
This Court was wholly occupied to-day in hearing
the justification of bail.
A young man, who represented himself to be a . '
Clerk to an Engraver, offered to become bail in a
ease where his employer was one of the parties..
Mr. Serjeant BEST said, that an Engraver's Cierk
was certainly a situation in which a man could not
with much propriety give himself the title and des
signation of Gentleman, which, as it appeared, the
present bail had assumed. He would therefore subz
mit to their Lordships, that an Engraver's servant
was not admissible as bail under the designation of.a
Gentleman.
On the other hand, it was maintained that the
Court of King's Bench, ccnceivies the pubic had '
not agreed by what pal ticular designatic a to recog-
nize a person in the present bait's situation, had per-
mitted him to become bail, and lad ordered the ob..
jection to be recorded for the purpose of being an*
swered on another day.
Mr. Justice Hederet, however, held the objection
' raised by Mr. Serjeant Best to be good and pro,ne,
and refused ID admit the person to !Account bail.