Star.
London, England, 1826-06-08 00:00:00

COURT OF COMMON PLEAS.
NORRIS V. CRES WELL.
Mr. Serjeant VAUGNAN applied to the Court for a
rule to show cause why the defendant in this case should
not be permitted to give an equitable consideration in
eischarge of a post-obit bond, given by him to the'
plaintiff in the year 1815, under the following circum-
stances : Mr. Cress well, in the year 1815, was, as young
men are often found to be, in want of a sum of money,
which he was desirous of obtaining upon a post-obit
bond, dependent upon the demise of a father and aunt,
and had for that purpose entered into a newitiation
with the plaintiff, upon terms that were not a li tie sin•
gular. He agreed to give a post obit bond for 5,0001.
payable on the dem: se of his relatives, to have the in-
terest deducted at first, and also to give a colla:eral
warrant of Atto: ney, upon which judgment was entered
on the day after the co :tract ; and in return he was to
receive twenty-six original pictures, to be selected for
him from 'a larger collection. These were to be all un-
doubted originals, and valued so moderately, that the
warmest assurance was given they would only fall it]
value, perhaps 1001. on the whole amount, when offered
for public sale, so that the only difference between the
price to Mr. Cr esswell, and the sumshe would afterwatds
realize for them, would-be just as much as woad mark
a cash and credit price. This safe stipulation was added
to prevent any possible sacrifice of the property—that if
any of them were knocking down at the auction at 9.5
per cent. under invoice price, then they were to he
bought in. In pursuance of this agreement, twenty-six
of these famous originals were selected and laid by furl
the defendant, and he gave his bond and warrant of at-1
torney in due form for them. The first of these pictures
was a very capital one for such a contract: the subject
was— The Return of the Prodigal Son—(A laugh)
Then there was a Guercino, price 450 guineas; a Holy
Family, by Caracci, 200 guineas; a portrait of a Vene-
tian family, by '1 itian, formerly from King Charles the
First's collection, 400 guirreas ; a Bacchus 2nd ...dacha.
400 Av.; a Claude.' orraine, lair Jscape and 1501.
a Holy tomily, 2501.
Lord Chief Justice liesr.—Are not some of these pictures esti.
mated at too low a price for great originals.
Mr. Serjeant VAUGHaN.—There were also a fine
Poussin, and Julio Romano, and a good modern by
West. The Julio Romano was pr iced only 4001. but a
Career/ was thrown in, as the Attie was very candidly
admitted, or rather supposed to be, a duplicate original ;
and therefore not perhaps of the very highest value, as
some thought there was one like it in the Museum at
Pan.. This Caracci was, however, only thrown in upon
the understanding that there was to be found a dupli-
cate Julio in Europe. These pictures were, according
to agreement, immediately handed over for sale by
auction to Mr. Stanley, who took a very good oppor-
tunity of giving them a fair chance, for he fixed their
sale upon the same day that he had to dispose of some
fine genuine works of art, which did sell very high, one
picture being sold for 1,3001. and another for 1,5001.
N )t so, however the originals of Mr. Cresswell, for no
bidder approached within anything like the estimated
price of his pictures, and they were obliged to be bought
in. After this disappointment they were sent for sale to
Mr. Orenham, whir valued them, together with Mr.
Woodburne, who was an excellent judge, at 8001. or
9001. and this valuation was nearly confirmed by their
subsequent sale for about 1501. less than that amount.
Of this amount not a farthing went into Mr. Creswell's
pocket; for the person who negotiated the transaction
was paid SUL for his commission.
Lord Mil Justice 1I T.—Mao he an attorney?
Mr. Serjeant Vatic's/an replied in the negative ; but
there was a story of the attorney, for he charged Mr.
Creswell 291. for his services, aod proceeded against