Star.
London, England, 1826-01-25 00:00:00

THE LORD MAYOR'S COURT.

REYNELL Evitittrt AND OTHERS GARNISHEES. iftIND
LEY AND OTHERS. THE DIRECTORS OF THE GROUND

HUN r COMPANY, DEFENDANtS.

This was an attacbment sued out upon the money
belonging to the Ground Rent Company, in the hand,
of Messrs. Everett and Co. their Bankers. The plaintiff
is a creditor to the Company, and sought to recover
the sum of 3001.

Mr. BARNARD said, he hoped to be able to make out,
in his Lordship's judgment, a prima facie case. The
question was, whether there was money belonging to
the defendants in the hands of the garnishees? and the
mode in which he should proceed to prove it wa., by
giving evidence that on the same d.y the, attachment
was 1,41 on any money •in the hands of Messrs. Everett.
a person called, in company with the plaintiff, and ob-
tained an interview with Mr. Everett, who, in answer
to the inquiries made of hint, s.id, that any money in
his hands belonging to the Ground Rent Company, was
there to the credit of the Directors. He knew nothing
about the Ground Rent Company as a body. He did
not give the name., because.he considered he should not
be doing his duty to his customers, had he said dis•
tinctly that any money in his B ink was placed to 'the
credit of the Directors. In older to shew who the Di-
rectors wete, he should shew a prospectus, containing
the name of the Directors, and he hoped it would not
Ise fcsund, that when people sent their names forth to
the public as responsible persons, they would, when the
day of trial came, turn round and deny that they were
Directors, or pretend to state that their names were
imposed upon the public. The capital which it was
stated to the public the Company possessed was 350,0001.
in shares of 1001. each.

P. H. Ebsworth, the cleik to Messrs. Rntterfield,
anomie.: for the plaintiff, called on the 17th Ncvember,
at Messrs. Everett's, in company with the plaintiff. and
saw Mr. Everett. Witness stated, that he had a claim
on the (around Rent Compri., and inquired what funds
belonging to it there were in his hands? Mr. Everett
said, we do not know the Company. The money we
have received is on account of the Directors. Oa the
3d of December witness went again, when he saw Mr.
Milner, a clerk to Nles,rs. Everett and Co. who, when
asked the amount of the money in their hands to the
account of the Directors, turned to the books, and said
there was a sum of 3001. witness asked for a prospectus,
and could not get one.
William Watts, the cletk to the plaintiff's attorney,
produced a prospectus, which he obtained from Mr.
Cleft's offict on the 17th of November.

James Cleft, of Gray's Inn, solicitor.—He was joint solicitor to
the Company. and he proved the issue of the prospectus.
Cross-examined by Mr. Boct.aao.—Had not seen all the defend-
ants acting as Directors.
Mr. BOLLAND.—I we in this list many respectable names.

. .
The witness said, the knew they were approved and
entered Ls the books as Directors. A number of appli.
cations were made for shares, an] they were ap-
propriated. He did not know the fact of the share,
being issued; no shares were issued to his knowledge.
A Juror asked the witness if he was sure all the names
'of tire-Directors Were used with their consent?—The
witness only. knew thst some attended.
. Mark Milner, clerk to Everett and Co, proved that
the house had 3001. to the credit of the Ground Rent
Company, and that the bankers gave out the prospectus.
A deposit 421. per share was paid in on some shares.
The RECORDBR.—Are the names of the Directors in
the prospectus the same as those who have credit in
your books? Witness.—ln the books the account is
headed " The Ground Rent Company."

A Juror.—That contradicts what Mr..Eveiett satd himself. •
The Coun.r.—Can the Ground Rent Company rem._
ver in that name? Are they a Corporation ? It they
are a Company, they can recover by the name of the
Ground Rent Company. The record states that -the
defendants are Directors of a Company. Perh Ts it is
well th a the Directors are not spoken to in another way.
Mr. BARWARD suggested, that as money was proved
to have been ieceived by the bankers, to the credit of
certain Directors, by the admission of Mr. Everett, it,
should not be for the last witness to contradict it ; nor
should the books coun•ervail what the garnishee himself
*toted.
The BECORDRR.—I am clearly of opinion that every
individual person who has a sharemust be joined in one
action.

Mr. BARNARD contended, that the bankers were
liable to the Directors only. _ . _

Mr. LAW suggested, that the Bankers were responsi-
ble to the Direct,irs, and to them alone ; and for any
thing that appealed to the contrary, they might consti-
Lute the Company.
The RECORDER —I am decidedly of opinion, that it',
is impossible the plaintiff upon this record can recover.'
,
The record states, that the defendants are Directors of
a certain association of persons, calling themselves the
Ground Rent Company. Is there any proof that such
persons are Directors? I see none. Messrs. Everett
and Co. had prospectuses, and when they issued them
they did not pretend to know who were Directors. It
is a pirtnership, and all who constitute the partnership
must join in the action, if they bring their action against
the Bankers. Upon eves y principle, this attachment
cannot be maintained. There are, I beg leave to say,
high authorities which state, that acting as a corpora-
tion is an offence at common law. In answer to some
questions put
.by the Jury, his Lordship said, I am
bound to tell -you, in point of law, this money is siot the
money of the defendants.
Judgment was then given fur the garnishees.

A few days ago an Officer of the Garrison at Dover,
undertook fora bet to eau from the top of the Grand
Shaft to the bottom in 30 seconds, which he accom-
plished within the time, though not with ease. The
number of steps he had to descend is about 200, in a
spital construction—which may be considered a teat
requiring considerable exertion.
At the late Warwick Sessions, the Ray. R. Twopeny
announced to the Bench of Nlagisti ate, his intention o
resigning the Chaplaincy of the County GA .1 and Bride-
well. Mr. Tutnall, the Keeper of the County Gaol,
has also intimated his intention to resign as soon as a
successor can be appointed.
The extensive domains of the Right Mgr. the
Countess of Antrim and Edmund M•D .iinell, Est . are
immediately to be worked, with reference to their
mineral productions, under the di►ection of some
lemitrent and distinguished English crpitalist.

SPORTING ii4TEW.GEI;ICEI

PEDESTRIAN
!Ten Mifnard, the ninner from Leicesterskire,itaited on Washy,
to run a mile on the Rromie# road,one mile mit of Lewisham, in four
minutes and . forty-Bee seconds, for 100 sots. and 25 each, that be
performed the first quatter.of a mire in 55 seconds, the seconstift
at. and the third in 51. tie accomplished the first quarter 01 a •
mile in 33 seconds, the second in one minute, and the third he lost.
—The pedestrian, however, wen the grand stake, with two seemltis
to spare.

Another match was ran over the same ground, by Hopkins, the
Kentish mars; for M. He was backed to perform two miles in 10
minutes. He did the first mile in four min. and Si seconds, and
won the match cleverly lit three seconds within the tinge.

Herbert, the North Wintry pedestrian, won his match front Don.
caster to London, at fair o'clock yesterday. The bet was SOO sees.
his time was 49 hours, and he started at half-past two o'clock on
Sunday afternoon. He went to To:ford, 25 mijes, in live hours,
withoot stopping, and refreshed at eleven o'clock at night at Newark.
The pedestrian performed half the distance, fl miles., at one o'eliek
on Monday, ID good condition, and made his ground well, at four
miles art hour, to Hedleld, where he dined yesterday, and had six
hours left to perform the 20 remaining miles in, which he did easily
with half an hour to spare.