Star.
London, England, 1821-12-22 00:00:00

HOWARD AND GIBBS'S BANKRUPTCY.
Mr. HART begged again to mention to his Lord-
ship this appeal, from the decision of the Vice• Chan.
cellor. The object was to induce his Lordship to fix
an early day for the hearing, and when. the great
importance of the question was taken into considera-
tion, he felt confident that the request would be com-
plied with.
Mr. IlOasc said, that he and his clients were com-
pletely in the hands of the Court. He should be
ready to meet his Learned Friends at any time, but
when it was stated that the hearing would not occupy
any length of time, he must beg to observe, that so
far from that being the fact, they would now find
they had still greater difficqlty to contend with than
they had before, for notwithstanding the 'case itself,
they had now to contend with the order.
Mr. MONTAGUE felt that the question was one of
the highest importance, and would greatly affect the
practice of the Couit, as, if the decision should be
against him, the Court, instead of being occupied in
the hearing of important questions relative to the
disposal of-property, would be converted into a Court
of Scrutiny in all elections relative to assignees, elec-
tions which he considered to be of the highest im-
portance. The assignment, though the Act of Par-
liament directed it to be done, had not as yet been
made to the assignees; and though his Learned
Friends were so fearful of the danger that would
arise from his client's, not being removed ; for himself
he could only say, that knowing as he did the whole
of the case, those fears were completely unfounded.
. Mr. HORNE felt confident, that the practice would
not in the least be affected by-the decision come to
in this instance.
A desultory conversation ensued, in which Mr.
HART, Mr. HORNY, Mr. AGAR, and Mr. TRESLOYE,
participated ; at the conclusion of which,
Mr. MONTAGUE again enforced the propriety of not
making any order for the re-election of asisgnees until
the Petition had been heard, and expressed a hope
that an early day would be fixed for so doing.
The LORD CllANcia.Loße—Mr. Montague, what
do you call an early day ?
Mr. MoNrAcue.—My Lord, I should say that day
which would be most convenient to your Lordship.
The LORD CHANCELLOR said, the next Seal would
be on the 14th, and he did not know that this case
ought to -be placed before the others. For his own
pact, he would have no objection to hear the case on
an- early day, if Counsel would attend him, and
therefore he would come down on Friday and Satur-
day previous to the Seal for that purpose ; but, said
his Lordship, I beg it may not be understood, that I
am the cause of the postponement. The case will
therefore come on for hearing on those days.
COURT OF COMMON PLEAS, DECEMBER 21.
NOBLE V. HEALE AND OTHERS.

Mr. CAMPDELL opened the pleadings, from which
this appeared to be an action on a contract for the
sale of 210 hogsheads of Virginia tobacco, shipped
on board the Eunice.
Mr: Serjeant LENS stated the case to the Jury.
The tobacco on the contract, for the sale of which
this action had been brought, was-Sconsigned to a
house in Rotterdam. While the ship was on her
voyage, the plaintiff received some letters from the
lowner in America, requesting him to sell the tobacco,
and describing the cargo as fair and merchantable.
The defendants purchased the cargo through the
medium of a Mr. Scholey, a broker. Before they
finally concluded the purchase, they desired their
broker to get. it warranted as 'a fair and merchant-
able cargo of Virginia tobacco ; but the plaintiff re,
fused to warrant it in that manner, and would. only
give a warranty that it had past,ed inspection at Vir-
ginia.. The- defendants accepted the contract with