Star.
London, England, 1816-06-27 00:00:00

FRANKLIN O. LANGHORNE.

• This *as a motion for judgment as in case of a
etonsuit. It was an action brought by the plaintiff
to recover 461 as money had and received by ffR
defendant to the plaintiff's use, being the moiety of
certain wagers in which they had jointly won, upon
a boaing-match, fought during the last summer, be-
tween William Nolesworthy and John Scroggins.—
Notice of trial was given for the Sittings after last
Michaelmas Term, but the plaintiff having neglected
to go to trial, the present motion was made fbr judg-
:nein as in case Of a nonsuit.
Mr. Lewis now :hewed cause against the Rule,
upon an affidavit which • stated that the plaintiff had
not gone to trial on account of the absence of a ma.
serial and necessary witness, who was not at present
in this country ; he was willing, however; to give a
peremptory undertaking to try in the Sittings after
the present Term ; and the defendant's Counsel
consenting to these terms, the Rule was dischaged.

GOODMAN V. JOHN MILES AND CO.

It was stated by the ATTORNICY GENkRALs on the
part of the plaintiff, that Goodman was the father-in-
law of Miles, who had confessed judgment ; the pre.
sent action therefore was against the other defendants,
William Waitbman, Thomas Smith and John Smith,
who were in partnership with him. William Waith.
man was the son of a gentleman no doubt well known
to diem ; he was it man of great ability, and who took
an active part in the affairs of the Corporation ; he
carried on an extensive concern at the corner of
Bridge-strati he bad (no doubt aduated by a laud.
able desire of promoting the interest of his son)
placed him, although not of age, in partnership with
the other defendants, the corner of Turnstile, Ho,
-
born. Mr. Goodmau Was a man of property, and
had advanced his son-in-law, for the benefit of the
concern, soms amounting to At34o, and for which he
held promissory notes on demand, in the name of
the firm* for the recovery of which the present *action
was brought.
Mr. Wiseman proved that the signature of John ,
Miles and Co. to the Dotes was in the hand-writing
of Miles.

Henry Maes, the bsother, stated, that be had been
in the employ of the defendants during the whole
time his brother was in the concern; that it was now
carried on by the Smiths, with whom he now lived ;
'that his brother had at the time informed him that
be had received the said sums of Goodman' it the
concern. In answer to questions from Mr. GURNEY,
he sated, that an entry in the cash-book then pro-
duced, of £lOO, borrowed from Goodman, was a
false entry, made by the direction of his brother, no
such money ever having been borrowed; the: ano-
ther entry of the payment of the said sum was also a
false entry, no sett money having been paid ; that all
the other entries in the cash-book of money borrowed
and paid to Goodman were false entries; that there
was no entry whatever, in any of the partnership
books of the monies now stated so have been ledt by
Goodman; that his brother bad been engaged in va-
rious bill transactions with a Mr. Jeremy and others.,
and bad bought goods of him to raise money, some
of which were resold without ewer coming into
the house, and which transactions were unknown to
the other partners k that as soon as they discovered"
them, they dissolved the partnership ; that these and
*other stuns were borrowed to keep these transactions
:from their knowledge, and to take up bias of persons
whom the other partners had cautioned his brother
not to trust; that a, red cash-book, then produced,
contained 'entries of some of these transactions ; but it
was a pdvase book of his brother's, and the other
partners never had seen it.
Lord Euxuamtooeu observed: that there was no
proof of the money having been 'received far ehe part-
nership *se.
The Jury immediatdy gave a verdict for the de-
fendants.

COURT Or COMMON PLIAS, MN! SS.
■ V. odor.

Mr. Serleant Luis stated this to be a question u
to the true construction of a will, by which the tests.;
for .had devised certain estates to his Widow. The'
Desert was situate at Stamford-hill, in Yeskaltire
d- the words of the devise went generally to be-
lfries& ail,* real and personal propetty of the to.
ottee. Hs Was aware that it was now an established
Nth that ortkviat of this nature would carry all the
Utile which vested in the devisor in the estates so

Uttopott to titt Ablest Wit if Nit& of MOM&
AI woo after' +s rod• us in the present case. they
WOW antoont to a alitiatitaionof somegther estate.
ftedde else, the astator Mentioned certain -houses
Jands situate at Stamfoid-full, after the generpl
swords of donation ; and it remained therefni-e open
to doubt whether_ the origiqpl bequeo was not qUali-
fied to the extent of the sugmquent enumeration, and
whether a less estate did not vest id the devalhe than
would otherwise have been tented.
The SOLICITOII•Gid L didA was about to reply, when
the Cutts Jurrics_ interrupted him, and intimated,
that this was a case in which it was not necessary for
the Court to hear further arguments before it came
to a decision. There had been times when the rules
of conatruction. as far as regarded devises, were much
narrower than at present; but Is the law now stood,
there could be aa doubt that may words which. dis.
tinctly expressed the testator's intention to leave to
the object of his bounty all his realty and personalty.
would vest a fee simple as it respected the land. and an
absolute property as respected the personal estate, pro-
vided that the devise was not wrongful, and that she
testator had an interest equal to that which he crea-
ted. The Court was therefore of opinion, that in the
present case a lee sisfple vested in the defendant.

INSOLVENT' DEBTORS COURT, JUNE G.
Savilk was opposed by Mr. P. bMITti, upon
a charge of concealment of property. The detaining
creditor, Mrs. Machin, a dress maker at the west end
of the town, was recommended to‘ the defendant by ,
Mrs. Best, who. kept her carriage, and had a large
establishment.
Mr. Sergeant RUNAIXOTON—The bill of the plain-
tiff amounts to setlo, for dresses, &c. in the short
space of two months. They must have been expen-
sive articles ; here is one item, £2O for a gown.
Mr. Pcw.Loot (in behalt of the defendant)—The
goods are charged more than- three times their value.
Mrs. Saville—l was arrested for the debt before I
received an invoice of the goods.
Mr. P. Burrs—Have you not pawned some
clothes since yeti have been confined ?—A. Yes ; a
pelisse and a dress.
Mr. SMITH—What have you done with the dupli-
cates, they are not Mentioned in the schedule ?
Mrs. Saville—l informed the broker of them, and
he said, I must mention them in Court ; that it was
not usual to insert duplicates-of clothes in the schedule.
Mr. *Serjeant RUNNINGTON ordered the defendant
to produce the duplicates and to get them inserted
in her schedule. Till she had do,ie so, she must
stand remanded.
Mr. HEATH moved the Court for a Rule to allow
the Rev. Alm Moat:Goer!, ChiOlstin to the Duke of
York, who was remanded some time since for con.
cealment of property, to come up and satisfy the
Court that no concealment took place, and to receive
, the benefit of the Act.

Mr. &urrr opposed his being allowed to come
up without the creditors receiving notice ; '2u days
was the usual time given when au insolvent had been
remanded for such an offence.
The Court over-ruled the objection, and a rule ab-
solute was obtained upon payment of costs.
J. Barnett, an insolvent Debtor, was generally re-
manded, It being proved that be had been out of the
Rules of the Court since his confinement. The priso-
ner fainted when he heard the decision of the Court.

INSOLVIXT DEBTOR&—The new Insolvent Debtors'
Bill, which has passed the Commons, provides, that
in case a prisoner has acted with gross injustice, &c.
be shall not be entitled to his discharge, unless the
whole of the creditors consent thereto.. Prisoner to
make a declaration, that he is willing to be examined
touching the justice of his conduct. Prisoner not to
be examined by Justices out of Sesiion. Coutts of
Quarter Sessions shall examine prisoner touching the
justice of his conduct, and shall declare in open Court
whether he has acted with injustice or not. The Act
not to repeal former Acts, except as is excepted.
Qu EEN-SQUA !IL—Yesterday the of a hackney
coach summoned the Earl in Westmeath for refusing
to pay him his legal tare. The coachman stated,
that his Lordship, when he engaged him, said he
should pay him by time; be took out his watch and
told him the time of the day, and then he drove
of. His Lordship kept him just one hour by his
own watch, and tendered him 2s. which he refused,
having drove his Lordship three miles, which entitled
him to three shillings, mid he understood he had the
option of charging either for time or distance. Mr.
COLQUHOUN said, that a coachman might certainly
charge either by time or distance. His Lordship's
servant attended for him, and the case was put off for
final decision, and the servant was ordered to leave
money for the expenses, fcc. which the Magistrate
said should he returned to his Lordship if the de-
, cisicin was in his favour.

Liston Hata..—Yesterday Samuel Killingsbury and
George Nelson were charged by Mr. Faille, a timber-
merchant at Bermondsey, with attempting to break
into his counting-house on Sunday night,' by means
of coming down the chimney. Mr. Bell, a cheese.
monger, residing near Mr. Farlie's timber yard, stated
that having been informed about eleveis o'clock on
Sunday night that a woke in complaining accents
had been heard to proceed from the chimney of Mr.
Farlie's counting-house, .be procured a ladder, an
mounted to the toped the building; here he discover.
ed the prisoner Killingsbury sticking half in and half
oat of the chimney, and se fast wedged in, that it was
with considerable difficulty that Mr. Bell was able to
release him froti his unpleasant situation. Not being
able to give any accoer.t how he came there, Mr. Bell
sent for an officer, and gave him into custody. John
Amos, foreman to Mr. Farlie, stated, that whilst Mr.
Bell was engaged in securing Killingsbury, he was
searching the timber-yard, -where lie discovered the
other prisoner Nelson, who pretended AO be asleep,
lying concealed amongst some' timber and chips.—
The prisoners, when before the ilaagistrate, made no
defence, except that they had both been driukitig, and
dia not know how they got on Mr. Farlie's premises.
They were committed ti the sessions as rogues and
vagabonds.
Henry Hoa4 a labourer, was co Monday committed
by E. Agaanson. Esq. to Shepton Gaol, to b: kept
to hard labour for one month, for spending his money
in alehouses, and neglecting to support his wife and
family, whereby they became chargeable to the parish
of Batkwick.
Seaford House, the seat of Colonel FORD, in the
County of Donn, Mks accidentally destroyed by hit,
on Wednesday sosiinisleneftno bees were lost. II