Star.
London, England, 1810-08-22 00:00:00

LAW INTBLLIOBNCE.

COURT Or CHANCERY, AUGUST it
In a case bilking. Cox, his Lordship deferred mak-
ing a decree, as he wished to pen it with his own
hand. In this case, one of the assignees was a banker' •
the amount of the bankrupt's effects had been ordered
to be paid into the bank of this assignee, and the ques-
tion that made the case peculiar was, whether the
banker ought not to pay interest for the money so
lodged in his hands ? His Lordship's opinion was,
that be ought not to pay interest, unless the money
was detained obviously for a loager time than was
necessary; in that case, interest ought to be required
from the assignee.

EX-PARTII ROWTON AND MORRALL IN Tilt MATTER

OF BRICKWOOD AND CO.
The Lotto CHANCELLOR had fixed to give judgment
in this case today.
It was an application by Petition to his Lordship,
by which the assignees of the bankrupt estate were
called on to deliver to the petitioners, who are the
proprietors of the Shrewsbury and Chester banks, a
quantity of short bills to the amount of upwards
of £21,000, their property, but which were in the
hands of Messrs. Brickwood and Co. at the time of
their failure. When the application was originally
before the Court it was not resisted by the assignees,
who only alledged, that they did not feel themselves
entitled, of their own accord, to undertake the re-
sponsibility of giving up the bills, a writ of Extent
having been taken out by the Crown, which covered
these short bills as well as the whole other property
in the possession of the bankrupts. They, however,
expressed their feeling for the hardship of the peti.
tioners' case, and their readiness to yield obedience
to any order made by his Lordship. His Lordship
, on this ordered the case to lie over till the consents
of the different parties interested should be obtained,
his Lordship doubting as to his having any jurisdic-
tion, unless by consent. When the case again came
on, on Saturday last, the consent of the Attorney-
General, on the part of the Crown to the paying over
of the short bills in question to the petitioners, was
produced. The assignees for Brickwood and Co.
then refused to consent to any order being made, un-
less the Extents were entirely withdrawn.
Mr. MONTAGU, in such circumstances, claimed the
protection of the Court in behalf of the petitioners,
and in a forcible and energetic speech (a report of
which was given_in our paper of Monday), asserted
the right of the Court—where his clients, the peti-
tioners, who were the only strangers to the Court,
undertook to be bound by his Lordship's decision—
to interfere in the exercise of its equitable jurisdiction,
so as to save the petitioners from ruin. His Lord-
ship, on hearing this argument, ordered a statement
in figures to be laid before him, for the purpose of
enabling his Lordship to ascertain, how far the peti-
tioners were or were not creditors of the bankrupts,
on the supposition that these short bills should be de-
livered up to the petitioners.
The LORD CHANCELLOR, to-day, called on Mr.
Montagu to explain some items in the statement,
Iwhich his Lordship did not entirely comprehend. His
Lordship alluded particularly to the £26,000 stand-
ing on the bankrupts' side of the account, and, on
which alone, independently of the short bills, the ba-
lance for or against the petitioners must arise.
Mr. Mummy explained, that of this sum A*21,00
were in bills drawn by the petitioners, accepted by the
bankrupts, and made payable to the Commissioners
of Excise, while the remaining sum of £4,980, also
drawn by the petitioners, and accepted by the bank-
rupts, were made payable to third parties, some of
these litter class of bills being for a valuable consi-
deration, while others of them were accepted without
any valuable consideration. Of these bills, amount-
ing to £4,980, the petitioners had already taken up
to the amount of £4,128, leaving of the whole of
this sum outstanding only to the amount of £852.
In this way, after deducting the sum to the extent of
which the petitioners confess that the assignees have
a lies on the short bills, the balance due to the peti-
sioners amounts at this moment to £329, and will
I ultimately amount to an additional sum of £852.175.
making together £l,lBl odds, all of which will ulti-
mately fall to be proved under Messrs. Brickwoods'
commission.

The LORD CHANCELLOR asked Mr. Leach, who
was with Mr. Montagu in this case, If he agreed in
this as an exact statement of the account between the
parties ?
Mr. LEACH answered, that he had never heard a
word on the subject till this moment.
Mr. TROWER, for the assignees of Messrs. Brick-
wood and Co. gave a similar answer.
Mr. LEACH, however, immediately afterwards men-
tioned that he had no doubt the statement of Mr.
Montagu was completely correct. He had mentioned
to his Lordship on Saturday that X 2,800 had been
paid by, the petitioners on account of the dishonour of
the acceptances of the bankrupt, since the period of
their bankruptcy ; and he was now informed by Mr.
Rowland, the solicitor for his client, on whose state-
ment he could depend, that the payments thus made
up to the present date amounted to £4,128, thereby
occasioning a balance, after extinguishing the lien on
the short bills, to the extent of £3OO, proveable by
the petitioners under the commission against Messrs.
Brickwood and Co.

Mr. Rowland (the Solicitor for the petitioners) sta-
ted, that the petitioners had regularly taken up the
bills as they became due.
The LORD CHANCELLOR had no doubt on earth,
if the petitioners had a debt to prove against the
bankrupts, that he was fully entitled to decide in this
case.

Mr. LEACH again stated his. complete conviction
that there was here a debt, proveable against the
estate of the bankrupts, due to the petitioners. This
debt had arisen since the presenting of the present
petition, and this circumstance must account for his
(Mr. Leach's) ignorance of the existence of such a

LORD CHANCELLOR--" Can you file an affidavit to
this effect, that there is at present a debt due to the
petitioners which they are entitled to prove under
Messrs. Brickwoods' commission ?"
Mr. MONTAGU-44 Certainly. There is i 5300 now
due to the petitioners independently of the short bills.
In the course of to-morrow, bills to the amount of
£l6O more become due, and the sum for which the
petitioners will ultimately be entitled to prove, in-
dependently of these short bills, will be upwards of
£llOO. The petitioners will undertake to file an