Star.
London, England, 1819-07-13 00:00:00

.

I I.

• • Ilk

• LAW INTELLIGENCE.

COURT 07 ZING'S BENCH, JULY IR
zazrs maimv. RASHLZIGIC

Mr. SCAILITT stated that this was an action to set
aside an award. The plaintiffs were the assissierof
a banimpt, named Dingle, who had resided in Corn-
wall ; the defendant *as a gentleman of large fix.'
tune and extensive influexice in the same county. The
t question was one of very considerable impor-
tance, embracing no less a suns than £50,000, since
by it would be decided whether the defendant was
to pay the plaintiffs £20,000, or the plaintiffs.were to
pay him £30,000? Dingle bad been engaged in
mercantile transactions, and bad become indebted, as
was said, to Mr. Rashleigh in a very large sum. Mr.
Rashleigh having, in an undefended cause, obtained
a verdict against him for £30,000, and fur that sum
he came to prove, but the Commissioners refused to
allow his proofs; he, however, got possession of cer-
taia leases and leasehold property belonging to the
bankrupt, comprising almost the whole of his estate,
and the assignees brought actions of ejectment to re- '
gain possession of that property. These were after-
wards referred to Mr. Macmahon, as Arbitrator; but
the plaintiffs 'not being satisfied with his conduct,
executed a deed of revocation, which they forwarded
to London to be served on him personally ; he, how-
ever, avoided receiving it, as he (Mr. Scarlett) con-
tended, intentionally, till he had made his award,
calling bn the assignees to payMr.Rashleigh 1.::30.000;
to try whether this was an intentional avoidance, the
present action was brought.
The award, dated the 29th Qi September,. 1817,
was put in.
C. Chapel produced the deed of revocation, dated
the 22d of June. Witness thinks it was executed by
the plaintiff Shepherd on the 26th, and by - on
the 27th; another of the parties executed on the
25th of June.

Mr.Bozotr stated, that he was Attorney for the
assignees. Mr. Macmahon was appointed 'Arbitrator
in October, 1817. References were made of an ac-
tion of trover, and all matters of difference; there
were thirty-three actions of ejectment. Meetings
were held before the Arbitrator in October, and wit-
ness had laid statements before the Arbitrator, and
offered to go into the case on the part of the assignees, I
as the persons who advanced claims. Mr. Rashleigh,
however, expressed a wish to go into his case, and
the Arbitrator allowed him to do so. He produced
accounts now, for the first time, of a review of
I:55,000 against Mr. Dingle's estate, commencing in
1793, as a set-off against which he gave Dingle cre-
dit for £19,000, leaving a balance of upwards of
£30,000. The witness, on the part of the assignees,
claimed time to investigate these accounts, which the
Arbitrator granted. Part of the account, amounting
to about £17,000, Mr. 4tash:eigh himself offered no
evidence of. Mr. Macmahon stated, that lie was un-
der the necessity of attending Sessions, and appointed
the next meeting to take place on theist of. February.
This arrangement was afterwards alteredtthe time
for making the award was enlarged, and the meeting
fixed to take place after the Summer Assizes. The
witness was to make his counter-statement by the Ist
of Johe. Mr. Rashleigh's conduct, howeve4 rendered
this impossible. On the 4th or sth of June, however,
witness received notice from Mr. Wynbourne, Mr.
Rashleigh's Attorney, that he should c3ll on the Ar-
bitrator to make his award. On the 7th or Bth of
June witness saw Mr. Wynbourne on the subject, and
• stated to him that Mr. Rashleigh's conduct, in refus-
ing to allow any surveyors to go on the premises to
measure and value, and his not producing -certain
I documents, prevented the assignees making a coun-
ter-statement. Mr. Wynbourne promised to remedy
these complaints ; and said, if the surveyor was again
sent lie should be allowed to enter the premises. The
'surveyor was accordingly again sent, but again re-
fused admittance. Tins caused the deed of revoca-
tion to be executed, and it was an the Ist of July for-
warded from Plymouth to the witness's Clerk, Sin-
clair, in London, to be served on Mr. Macmahon;
and on the 2d and Sd of July witness told Mr. Car-
penter, who was Mr. Rashleigh's Attorney in the i
country, that the reference was at an end.
Mr. Chappel, surveyor, stated,. that he went twice
to Mr. Dingle's to measure the buildings at Charles-
town, but was not allowed to do so. Did not see Mr.
Rashleigh.
J. T. Church, Solicitor in London, agent for Mr.
Bozon, heard of the award a few days after it 'was
made. Mr. Wynbourne brought witness a copy of
the award; and on reading it witness said it appeared
to him to have been hastily made. Mr. Wynbourne
said there was reason for the haste, adding, either
that they knew of the revocation, or expected it.—
Witness afterwards saw Mr. M'Mahon, by Mr. Bo-
zon's directions, to make a formal demand of certain
papers. Mr. M'Mahon then said, he could justify
his conduct against the charge of making a hasty
award. Witness observed, he thought it was wrong
to fix the assignees with so large a debt personally.
, Mr. M'Mahon replied, the other party was too ho-
nourable to press the demand, against the assignees
personally. press
that Mr. M'M4ion
said he was convinced -that Mr. Wynbourne would
consent to the award being re-opened, if Mr. Bozon
would pledge himself' to go on with it; and as to
hinitelf (Mr.lll4Malien) he had no object in view but
justice. •
J. Sinclair, Clerk to Mr. Boson, was in London on
the Sd of July, and on that day (Friday) hereceived
the deed, revoking the arbitration, from Mr. 80-I
qori.- On Saturday the 4th, about six in the evening,'
witness called at Mr. M'Afahon's chambers, and sta-
ted•that.he had a letter to deliver to him personally,
and would call and deliver it that evening. It was'
it this time in Mr..Wylde's hands, and
_witness did
not *get it till Monday. Between twelve and one
that day, having got the deed from Mr. Wylde, the
Counsel, he called at Mr. M‘Mahon's, but-was told
he was not at home; He called again *lour and-
six,but with no better success: Hecalled again the'
folkiwing morning by half-past nine, and knocked at
.1 the door repeatedly, but got no answer; called :gain
about half-past ten, and saw the Clerk; he was;illen
told-Mr. M'Mahon was out; I~e called at twelve, and
the Clerk' skid Mr. &Mahon was thezt in his room •
the Clerk tried to open the door, bat it was Outt-th;
Clerk then said, W. Bozon's Clerk.-is at% die 'dock'
rand wants to see yob. Abe.
witness should come up to the door. Witness dill so,
land told him he had a letter to deliverto him- per-