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London, England, 1804-05-05 00:00:00

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COURT OF RING'S BENCH. MAY 4.
POTTER V. BROW 11.
The Plaintiff is a merchant in London, the De-
fendant a merchant in 'Baltimore, in America. A
Bill was drawn by her for t 2°31. on a I-Ir. Mangin, '
refiding here. it was refuted areevance, and fome
time after the hill became due, the Deiced tnt avail
ed herfelf, on account of her infolvency, of the bank-
rupt laws in America ; and -Mars. Page and Cn.
IA ith whom the hill was negotiated at Baltimore, had
proved the debt for the conlideration given on her
elate. The cafe came befrre the Court on a demur-
rer, and the (locale's was, if a foreign certificate of
bankruptcy, under thefe eircumllances, could he a
debar to a demand on the drawer of the bill, or, in ,
other words, if the contras has been difcharged by
the certificate of bankruptcy ?
Mr. CARR coonded, that the certificate was no
bar, oa there g unds :—I R, That the immediate
caufe of aftion happened in England by the non-
acceptance t ad, Taking this as a fimple contras% and
the Plaintiff as a refit:lent here, the law which than
operate upon the debt, fellows the perfon of the
debtor, and not of the creditor ? 3d, This being up.
on a bill of exchange, is fuch a choir in allioa as re-
fers the debt to this country. The Learned Coonfel
having argued theft points from the cafes of Bright
and Purrter, Milford and Mayer, and others, Mr.
J lam was proceeding to reply. when ise was inter.
rupted by
Lord ELLtiIWIROUGH, who (aid, that the eertifi
cats was a fufficient bar. The comedy ellablithed
between nations made them regard their refeivalive
laws. and it was the rule in England to pay that
refitted when foreign laws did not contradiEt any
important maxim of our own. Thefe points had
been perfeBly fettled in the cafes of Hunter and
Golding, Hunter and Potts, and Valentine and
Golding. Judgment for The lkvcndant.
HANDS V HEAD.
The title of this caufe would remind us of the
fabjeas in fame of our fabuliffs, and, indeed, it
(mimed a fort of conteß between violence and ince).
lea ; for the Defendant had efcaped from his credi-,
tor, and the other had contrived an expedient to
check his rapidity. and Tender him fohjeB to the
demand. The Plaintiff had a verdiet *vista the
Defendant for RI. 545. and Mr. ER SUI ms had obtain-.
ed a Rule, op behalf of the Defendant, to flay pro-
ceeding!, and to introduce the attorney, Mr. Mat.
thews, to the Crown Office, to anfwer interrogatories,
he having induced his client to (wear to a debt of
101. when on the face of the affidavits, it appeared
the debt was below that amount.
Meffrs.Gress and Astor oppoled the Rule : they
contended, that the debt was foe a heifer and calf,
amounting to tol. but that 3s, was to be " thrown
io as a heck-penny," on payment of the debt; that this
was ufual with the country bargains; that although
the attorney was not jutiifiable in welling the De.
tendant, yet that it was an eafy tatinalte, which
&odd not emit& him to any feria= confequences.—
To that part of the Rule which applied to Raying'
proceedings. no 'sewer was required, as nothing was
'fledged which could furnigh the final eR pretence
for it-
Mars. Easetis, Gaaaow, and MARIAM, in (up-
port of the Ride made fame fevere obfervations on
this attorney 4 he was a Commiffioner and a Knifier
of the Court before whom affidavits were taken ;
and he, they raid, " knowing the debt was originally
under tett and knowing, alto, that a guinea had been
paid. is reduce it Rill further, had forgotten the do-
me of his charseer and &tuition, and had induced
his client to make a Falk affidavit.
Lord Eccessaolouosi ignified, that although he
thought the conduit of the attorney not commend-
able, and he fhould, in eanfectience, frabjeff him to
the coils of this application, yet it was poffible that
the whole might originate in fame miliapprehenfion.
Perhaps this, acid other cafes of a Ilmilar kind. might
induce the Court hereafter toarder, that nn attorney
in the caufe thall be permitted to take the affidavit
of the parties tor whom he afted.
Rule difcharged as to both the Plaintiff and the at-
torney ; is the former with, and to the latter with.
out, colts.
In the care of Butterfield v. Wintles, a Rule was
granted to thew caufe why there thould not be a new
niaL .

COURT OF CHAN:27.RY, MAY 4

11.010 •I/COO PIT CO ~ ~,, GOCAA LS.
This was a Bill filled by Lord Courtency, againfl
the Defendant, *ho i, a coachmaker, in Long-acte.
and againft the She:ill-of Devotilhire, praying that
the latter might be rellrained, by an injuation, from
proceeding to fe:l the effens of the Plaintiff, taken
in execution under a writ of fferifaria, illued by the
Defendant Godfall, and that the Defendant GodialPs
demand might be referred to one of the Matters of
the Court, to be examined, being an unfettled ac•
count.—The Bill Rated,
That Lord Courteney, during his minbrity, and
(ince he came of age, had employed the Defendant
Grodfall, a, his coachmaker, viz. from the year ty,t9,
to the year x-93; that. during there four years, Mr.
Godfall's hill for Various carriages amounted to
110471. and in one year alone, Came to between five
and tholicand pounds.
The PA prayed, that, this being an unliquidated
accov.:r.t, rex-er examined or approved of by Lord
Ccn•teney, the lhtendant might be reftrained from
proceeding to a (ale, until the demand fbould be re-
viewed by one of the Mallets.
Mr. Romitty and Mr. PIMIERTOII, for Lord
Cuuttener, contended, that even Tome of the items
in the Defenslane, Bilis would juftify the Court in
granting an iritialion, is order to afford room for
a farther invenigation of the fairneis of the charges;
that in one rat the Defendant's bills amounted to
ewe en five and I,x thoilf.and pottlids, n., la, a him
hall lixii.g eliargxJ fiir a landau, and 1001.
.„ with 171.111,* ot..cr cliatgec e.fu.aly ex•
nthitant, as t7c, guinea for a hanitner cl,th, and
1'.51. for a let of hated. ; 1,1 the (pa,:e of the
larue ) ear, n'i lei, than twelve Care:ag, s being charg•
cd to the raintitT. ll neV ".11 if I:.,fe extraordi.iai
charge. %vete n •t tiln•itti J at a (Ali tent ground fur
the interfirxrd-t of t' e yet tic lan of there
•• toy to inner fettled of

1;1.1T h. riterr.ini. n.
Nlr. I. vr.o for tl e Defendant

the elimgc, in th,. cafe, can

CI granting thia in
Iry , well knnwo as a man
r.d mull