Star.
London, England, 1802-08-24 00:00:00

Arrived the Camel Bore-(hip from Jamaica.

sitimuass, AUGUST 23,
Arrived his Majefty's gun.hrig Sort, Lieut.
CMAIAPION, front Deal. His Majefty's noolo
GAJETI and PTLADIS are paid off, The SA"
has failed again. The Heaps is undocted.

PROM LLOYD% LIST.
Mat, AVOUST ay...Sailed the Mtn* Pon% kt 16914
—Wind S. S. W.
Oaave sa no, AUGUST akmPaffed the Alblon,...••••",
Jroat St. Domingo • Rebecca, Sou/den; Plainer. pm'
call; Earl St. Vl;went's, HUttelln Tcebwney Plante,
florDowaft, from 'Jamaica ; Sally, from Dann; Milo,
War, from Martinique • Prism OeorgC, WSW: and sea
Ho*, ....•••••, from Gibraltar ; Tortola, Aims, from Lilco
ProOldepert Mom, from Braises; Fleariordoofro".
Gumufry ; Peggy, Sinclair, Rao Tobago; -•""'"*"
:from Cork; Anna Augufta, from Ainandila ; • NMI
—; and Vrimr Margaretta, Rooter, from Routo—aialla
the Commtmoe,Bower, for Georgia; William, for AinZ
, Rack, klaFik4B,—mri Old fib
... . .

Of
CRS
7np.

uf.

rs,
for
xi

ILA
UL-
'of
NY,

LAW nrrELLibEivcs.

tw*
AU
a:
the

;big

ii

rout
'rig
and

hips
chi

ins 3
cr

lest
or
Rog

084
V

HIGH COURT OF CHANCERY, AUGUST 23.
LATiiitoPP MURP AV'S BANKRUPTCY.
This Tuition was called on at ten o'clock,
when Mr. IFMRFRTI,N tequelted it might Rand
over oil twelve, in order that Mr. Gill, the poi
thiain..; creditor, might make an affidavit. Mr.
pAtcri;in, the Solicitor, had, he Paid, ufed every
erid:aeoor :o tied him, and had fortunately met
with him year rday.
The Leto CRANCELLOR adjourned the petition
for two holies, but Mr. Gill's affidavit was not
forthcoming.
The SoLic !TOR-GENERAL produced a petition
from Lahropp, which Rated, that in February
laft he became acquainted with Mr. John King,
at that time a wino- in the Portland-place bank-
ingtoinfe he introduced himfelf to the petitioner,
a voting inexperienced man, carried him to his
boor. ta dinner, and treated him with amazing
folendour and hofpitality that, deceived by thefe
arpcarances the petitioner imagined King to be
a twin in very opulent circumllances : that upon
one yea ation, when he had dined with King, and
be, ii plentifully fapplied with wine, after the Ten
of the party had commenced playing auhsjl, King
took him into his Judy, and in the molt glowing,
eirrgctic language, reprefented to him the im.
:node profits of banking ; pointed out to him the
lciafits that would of tourfi accrue from Inch an
enterprife, and counfelled him, as a friend, to
embark in fuel' a concern along with himfelf, as
Ii (King) was about to eflablilh a banking-houfe
at Wen Felton-hall, in Shropfhire, where he had
a linall eilater that, conlidering the elegant man-
ner in which Mr. King lived, it was impollible for
the petitioner not to be impreffed with the moll
favourable notions of the advantages of banking.
it was therefore not aflonilhing that a young man
Amid attend to the propofal which had been made
to him ; and in confequence of the favourable im-
preflions which Mr. King's Ilyle of life had given
him, he aCtually fubfcribed an agreement to be-
come a partner in the bank in Shropfhire. Soon
after that tranfaClion, King began to mention the
petitioner as a partner in the Portland-Place Bank,
which ciicumflance induced the petitioner to re-
monftrate with King; but the latter infilled in the
moll dire& and pofitive terms that the paper which
the petitioner had figned was a complete contra&
of partnerfhip, and that if he did not fulfil the
ternis, he (King) would circulate notes which
woald ultimately come upon the petitioner and
rein him. The petitioner being alarmed and inti-
midated by thefe threats, at length figned a deed
of general partnerfhip in the banking bulinefs.—
The petitioner thought it proper to explain the
reafon why he had alfumed fo many names: he
had married a young Lady of the name of Clarke,
and took her name in order to obtain her fortune;
thi, Lady inherited her property from her grand-
father, whole name was known, and the petitioner
had likewife affumed that name. The petitioner
farther Rated, that, finding the notes iffued by the
Portland-Place Bank were diflionoured, and that'
T. Levefon Prelcott, the other partner, was infol-
t vent, he exerted himfelf to the utmoft in order to
get rid of the connetLion in which he had fo im-
prudently engaged. The partnerfhip was loon
afterwards at an end, but King did not fign the
deed, as his name was not in the firm. King had
;Toed the Company's notes, in order to 44i:barge
his own private debts. Gill, the petitioning cre-
ditor, had no claim on the partnerfhip, but had in
this manner got from King bills to the amount of
3501. Gill was an aenal creditor of the petitioner,
only to the extent of :31. 7s. sd. and he had re-
peatedly declared that he had no demand to make,
if that fum was paid. He made that declaration
to the petitioner's mothet ,from whom he demanded
the money, and added that if it was not paid he
and Mr. King would be the petitioner's ruin.
The Soticiroa GENERAL having read this nate-
:tient remarked that it mull be obvious that the
commiffion of bankruptcy had been moll impro-
perly taken out, and of courfe that it ought to be
fuperfeded. Every fa& ftated in the petition was
flrengthened and corroborated by affidavits. The
pacteetibip only took place in March, and was ter-
minated about the beginning of April. Gill, the
petitioning cieditor,was not to be found, but there
was no debt due to him from the partnerfhip.—
When the manner in which thisunfortunate young
man had been drawn in by King, who in addition
to elegant dinners and a difplay of his magnificent
fidehoard of plate, introduced him to Lady Lana-
bibrough, was confidered, his yielding to King's ur-
gent folicitatiuns,would not appear very furprifing.
But, independent of this, it did not appear that
the petitioner had any idea of being concerned
with a bask inLondon: he only agreed to become
a partner of one in Shropfhire. This, however,
a as not King's defign, for be told the petitioner
that he had i: in his power to iffue notes which
0.,4:d equally effe& him and the other partner.—
Knig was anxious to redeem his plate, and wifhed
the petitioner to fign a fccurity, and upon his re.
ft,i,il threatened him with total ruin, adding that
he would not leave him a tingle acre, or a Rick
[landing upon it. The firft time the petitioner law
Cen was at King's bottle, with whom he appeared
to b: perfealy intimate: it was admitted that Gill
had cupplied the petitioner withlinento the amount
of 131. 7s. ad. and this was the extent of his claim.
Gili h ad applied for this fum by a letter, addrelfed
to him as Calmed Lathropp.
The Lott) Citaiicettoa" Then be has been
in the Army."
Mr. PF MBERTON....J6 His Grandfather, I believe,
was a Colonel."
The SOLICITOR GENERAL then read the letter,
which was in the following terms:—
" DEAR COLONEL,
" Haring a payment to make on Monday, I beg
" you will let me have the :31. 7s. ad. which is
" the amount of your account; I than be at King's
" toanorrow.—Do not dilappoint me."
The Learned Counfel then proceeded to Rate
fithnance of an affidavit made by the petition-
er's mother. Gill had called upon her for pay-
:rant of this account. He ufed the fame ih-eats
r.(l ftrong language which had been reforted to by
on the former occafions. lie Paid if he was

not paid the thirteen pounds he would make her
fon a bankrupt, and totally ruin him, but that if
tht debt was paid, he would free him from all his
embarraffments, as he had King in his power, or
rather between his finger and thumb. It therefore
appeared that no other debt was due to Gill, and

tfie bankruptcy teemed to be a fhameful fraud and
- • - • - -

a grofs inftilt offered to the Court. He concluded
by humbly fubmitting that as no petitioning cre-
ditor appeared, that the commillion fhould be fu-

perfeded, and the bond afligned over.
Mr. COOKE was on the fame fide, and likewife
urged, that as no petitioning creditor came for-
ward, the bankruptcy ought to be fuperfeded. It
had frequently been decided, that one partner
could not give the notes of the partnerlhip in pay-
ment of his own debts.

The LORD CHANCELLOR obferved, that with re-
fped to that point he mull fee what was Rated on
the other fide. Upon looking at the affidavits of
Gill, he found it Rated that the debt to which
he had fwoin confined of tiny promiffory notes,
received for linen furnifhed to the Portland-place
Bank. Thefe notes were accepted by Prefcott
and King, and he received them between the aoth
and 3cth of April laft. They were for goods
delivered.

Mr. Coons remarked, that all this was contra-
dieted by the repeated affidavits of Lathropp and
others. To ilrue their own notes for goods was
not the cuftom of Bankers. Their bufinefs was to
receive money from others, but he believed no
perfon had ever trufted this Bank with any.
Mr. Ps m BERTON appeared on the other fide. He i
hoped the Court would put out of fight all that
had been faid relative to King, Lady Lanefbo;
rough, fplendid dinners, Sec. which had nothing
to do with the cafe. Thefe ftatements were made
for the pin pole of exciting prejudices in the public
mind with refpea to this fubjeet ; but he was fen-
fible they could make no itnpreffion on the mind of
his Lordlhip. The plain queftion was, whether
there was a Petitioning Creditor ? He would prove
the affirmative. The fags which had been Rated I
in the petition were not fupported by the affi-
davits ; whether the banking concern was carried '
on in Shropfhire or in London, all the Proprie.
tern were equally liable. That there was a part.
nerthip, and that the goods in queftion were fur-
nifhed for it, were clear beyond all doubt, though
he had not had time for pofitive proof in conk.
quence of Gill having, for reafons heft known to
himfelf, abfconded. It ought not to be forgotten,
that Gill was very Arialy examined as to the foun-
dation of his debt before the Commiffioners in
Guildhall. It was alfo worthy of remark, that
among the debts which were proved before the
Commillioners, there appeared feveral bills in
Lathropp's hand-writing, though he had now
the audacity to pretend that there was no part-
nerfhip-bufinefs done in his time. Betides, there
was an affidavit of another perfon for a debt
on the partnerfhip, to the amount of isool. and
he fubmitted, that if he eftablifhed the debt of
Gill, as well as this other debt, the bankruptcy
could not be fuperfeded, notwithftanding that Gill
had withdrawn. The perfon who had proved the
debt of !soot was a Mr. Birch. In defending the
intereft of this Creditor, he bad a right to fupport
the claim of Gill; as it was of importance to his
Client that the bankruptcy fhould not belfuperfeded.
He therefore would thew that Mr. Lathropp had
entered into a real partnerfhip with King and
Prefcot, and that both Gill and Birch had fur-
nifhed goods to the Company.
The LORD CH•NCELLOR obferved, that there
certainly was an affidavit of Mr. Birch to a debt of
god. for goods delivered to the parnerthip, but
the articles were not mentioned.

Mr. COOKE Paid they were pantaloons, &c. not
articles in which Banks are much accußomed to
deal.

Mr. PEMBIZTON would prove that the goods in
both inflances were delivered with the knowledge
of the Bankrupt ; he would aim() prove, from a
converfation which had taken pia& between the
parties, that Lathropp had admitted Gill's debt to
be jun. At a meeting which took place in a coffee-
houfe fur the purpofe of bringing about fome fet-
dement, Lathropp told Mr. Birch that he had three
thoufand pounds coming to him from Scotland be-
ing part of his wife's &mine ; that if he would
wait for that, he would give him a poff-obit bond
on it, which would not only include his debt, hut
Mr. Gill's alfo. Now he muft contend, that the
perfon who treats for the fettlement of a petition-
ing creditor's debt, could not afterward come for-
ward and deny the esiffence of that debt. Could
it be fuppofed, that when he was offering fecurity
to Birch, he would alfo propofe to give fecurity to
Gill, if he was not in his debt ? The Bankrupt
Rated that he had taken the names of Clark and
Browne, in confequence of marrying a Lady, but
he had given no account why he had taken the
name of Sir Robert Murray.
The LORD CicaricaLLoa faid, that when he con-

fidered paper to the amount of t 36,0001. had been
ifued by this Bank, he was not difpofed to relieve
any of the perfons concerned in it from their re-
fponfibility.
The SoLtcyroa GENERAL re• Rated the ground
of the application, that no petitioning creditor ap-
peared, and that the debt he had clamed was not
due to him by Lathropp.
Mr. PEMBERTON contended that Lathrop') had
admitted the debt in his converfation:
The Logo CHANCELLOR obferved that he allow-
ed Mr. PEMBERTON the full benefit of all he had
urged, when he :aid that if Mr. Birch chofe to try
the Bankruptcy, he might.
The SOLICITOR GENERAL informed the Court,
that the Mr. Birch, fo often mentioned, had de-
fcribed himfelf to be a merchant in Monkwell-Rreet.‘
Careful inquiry had been made in Monkwell•Rreet,
for him ; but this Mr. Birch, this great merchant,
who had fold I cool. worth of pantaloons, was not
to be found. It was indeed difcovered that there
was a perfon of the fame name in Monkwell•Rreet,
who lived with a glazier, and it was poffible that
he might be the dealer in pantaloons. With regard
to the afertion of Birch, as to Gill's debt, that was
contradicted by the affidavits of Lathropp, his
mother, and the maid fervant : but it was admit-
ted that Lathropp owed Gill 131.75. ad. and that

might he the debt which was to be included in the
poll-obit. As Gill did not chufe to appear, he
&mild think that his Lordthip would fuperfede the
Bankruptcy, and aflign the bond.
The LORD CNRNCsLLOR law more difficulty in
the cafe than the Learned Counfel feemed to be
aware of. When fo many perfuns had been taken
in, and fwindlesi out of their property, it was ne-
ceirary the Court fhould ad with the greater eau-
tion. It appeared to him, that, inftead of fuper-
feding the Bankruptcy, Mr. Lathropp ought to be
left in the fituation in which he now was, and that
he fhould bring his action againtl the Affignees—
You fay in your affidavits, that King itEied the
notes of the Bank in payment of his own debts. If,
people will fet up Banks by buying and felling pan-
taloons, why is this Court to affitt them in luch
fchemes ?—lf the 3001. worth of goods Rated to be
furnifbed by the petitioning Creditor were to go
into the next pawnbroker's (hop for the purpofe of
raifing money, was the Court to relieve any of the
1 parties from their refponfibility ? When you bring
your action againft the Affignees, fume farther
islight will be thrown on this tranfaCtion.
Mr. Coolie—" My Lord, the caufe will come
back here again."
The LORD CHANCELLOR—" It may ; but if it
goes before a Jury it will come back in another
!lupe, and I thall then know which of your llate-
; ments are to be believed."

Mr. Coolie—" It will not go to a Jury, my
Lord, as there is nobody to appear on the other
fide—it will go by default."
The Loan CH ANC ELLOR-.-." I will not fuperfede
this commiffion, unlefs I find that proceeding un-
avoidable—You mutt find Tome means of bringing
the quellion into a Court of Law."
Mr. PATTkR SON, who is Solicitor for Mr. Birch,
as well as for Mr, Gill, was in Court.

The Loa") CHANCELIOR Aced him if he had yet
found Mr. Gill ?

Mr. P.m sasow faid he had not. In that refpett
he was in the fame &nation as when laft before the
Court. He had made a moll diligent inquiry after
him ; but all his endeavours to difcover him had
been unfuccefsful.