Star.
London, England, 1826-11-20 00:00:00

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Worn the /1,1806 until • Millen.; foiagtiiate mea-
'sures were taken for t purpose of proving the
plpi I's 6 to this 'p. ; a suit was instituted lljt
the or Chewer..y:l Fla ,to establish the va-
lidity
kitxth
e Widow ' ~r 4! decree Obtained io her
favoar ; while, by the ererthms of the agents * Mr.
-Dorridn, the widow orSololson was indeeed to sign a
'proxy of renunciation. Every paper necessary to esta-
blish the tide of Mrs. Movies, with a power of attorney'
to sell, were transmitted to Korf, and by him banded
over to Dorrien, in a short time after the first applica-
tioo. No steps, however, being taken immediately by
Dorrien, Korf soon after dying, and the matter stand-,
rag over, the Widow of Movies, finding the money not
forthcoming, applied to the widow of Korf, her rela-
lion; and deputing to her thepowers as her agent, for-
merly intrusted to her husband, begged her to procure)
st settlements Mr. Dorrien, in reply to a letter from Mr.'
Ogle. the 'solicitor of Mrs. Korf. in November, 1825,
leformed her that he had been unable to procure
further papers or documents upon the subject, and
that he would hand over any he possessed, upon the'
inyasent of 171. which he alleged to be his expenses—'.
five pounds of which were commission, and eleven 1
pounds the costs of proceedings convected with the
'subject in Doctors' Comthons. Notwithstanding this
'declaration oT his being willing to give up the papers,
bpon ptiment of his costs, in November, the de-
fendant in the folioed:lg January actually took Out let:
tern of admin'is'tration to Solomon's estate himself, and
'upon that authority proceeded to sell out and convert to
his own use the whole =min question. Upon this fact
Iteeoming known, Mrs. Hort addressed a letter to Mr.
'Doreen on the subjeet of thetiaim of Mrs. Movies; and
to her surprise, and to the surprise of every one who
beards it, received in reply a note from Freshfield
and Co. Mr. Domen's solicitors, in which the selling out
was acknowledged, and Mrs. Korf informed that Mr.
Dorrien was snot aware of there being any claim upon
the property 'on behalf of the person she had tnen-
‘icined; so' hat, after acknowledging the claim in No-
vember, by offering to surrender the papers on the
psynsetit 'of his tows, he, hi 'the following January,
'converted the whole atin to Ms own use, by selling out
'on his own letters of administration, and denying he
knew any thing of the 'claim of the very same person.
The Learned Counsel then animadverted in very strong
language upon this condett of the defendant, which he
*characterized as disgraceful to the character of a man,
and degrading to the reputation of thew hole mercantile
'community. The defendant had, in his answer to these
accusations, alleged that 6 ,lomon was indebted to him
to a very gteat extent, and that there was a special
agreement between him and Korf, upon the commence-
ment of the ptoceeclings to recover the money ; that if
they succeeded, the money was to be divided between
them ; but how he could reconcile it to his feelings to
take the half, even under these circumstancesrof money
which belonged undoubtedly to anothei, was a question
which he could not easily answer. But that was not all,
allowing that, as according to his own 'hewing, the
defendant was to have half, he had, it was seen, sold
out the whole, and, when applied to by these poor fo-
reigners, denied, through his solicitor, that he was aware
of their having any claim at all. How he could bring
himself to swear to facts so damnhitto his own charac-
ter as those contained in his answer, he (Mr. Sugden).
could not imagine ; but be hoped, for the saki of the
reputation of a British merchant, that his Honour would,
by a decree of that Court, shew that justice was admi.
nistered in an equal manner to natives and foreigners;
and rescue the country from the aspersions which such
proceedings were likely to cast upon it.
• Mr. ANOZRTott, for the defendant, hoped to be able
to remove from the mind of the Court any imputa-
tion which it might have received front the unrea-
sonably vehement and acrimonious statement of the
two Le/ailed Gentlemen who preceded him, and
engaged to shew, in calm and cool consideration, that
Ms clients conduct did not by any means warrant
the epithets which had been applied to it. The trans-
-Actions, it appeared, had occurred a long time ago, and
'he begged his Honour to consider, as a very material
fact in the case, that there were two sums of 5001. very
differently situated. That was a distinction he wished
to be remembered as a matter of some importance.—
His client had, years before, vindicated his claim to this
-Money, by instituting a suit, and causing a notice to be
inserted in the books of the Bank of England, for the
purpose of allowing any other individual who might
tome forward, that such claim existed, and he had
done so, because Solomon, in all his dealings with
their house, had spoken of that sum as his own property,
and drawn the dividends as for his own use, a circum-
stance which materially tended to procure him that
credit with the firm of Dortieth which had finally been
productive of so much loss. This assertion of a right
on the part of Solomon, and the very doubtful nature
of Movies title, together with the abeyance, as lawyers
would term it, of the dividends, rendered it very natural,
on the part of his client, to think that the division which
he proposed to Korf would be an equitable adjustment
of their respective claims) particularly when, whatever
might be the proof with respect to one 'OM being the
property of Movies, it was vety slight with regard to the
other. His client, Mr. Dorrien, assumed the management
of the proof, and all subsequent proceedings at his own
expense, only on condition that Koff would accede to
that very admission which he thought equitable, in their
relative situations. Whether his Honour would think
that was the proper course to have been pursued in as-
serting this right, it was not for him to say ; but it ought
to be recollected. that the whole renunciation of right
upon the part of Solomon's widow, by 'which the money
was finally drawn out, was obtained by his client's agent.
and at his expense. The whole proceedings were, incom-
pliance with the agreement, made with Korf; and the
simple question was, whether there had been any depar-
ture from that agreement? Upon that part of the subject
it would be only necessary to observe, that Karl's wife
bad no authority to treat or act as agent in any way;
and, therefore. Mr. Dorrien had acted perfectly right
to take out letterset administration in his own name,
*ever having, however. denied us Mrs Korf, although site
bad no right to demand it, every igformatios she thought
proper to require with regard to the proceedings in rot
covering the money. ltie Sloan thought that the
course pursued by his client wettest the right one, there
might be some ground, he co fessed, for requiring the
Money to be paid into ; but he saw no reason
who the mower of Mr. had been stigmatized,
and held finds to the an shuffling and evasive.
when it fairly, and 4iNdy !rowed his whole course of
raritedcesdinie in evmr stage of the transaction. The
Gentleman concluded by expressing his regret
that it bad trot fallen to the lot of some abler person to
reply to the highly coloured statements of the Counsel
for the Flamm% and declared that his client had always