Star.
London, England, 1828-01-11 00:00:00

LAW INTELLIGENCE.

.COURT OF CHANCERY, Jan io.
The Lostp CHANCILLOB resumed his sittings after
thothaidays, and ptnceeded to hear bankrupt peation%
WA Br, HAWKINS IN RE HOWARD AND GIB
- Mr. BICICIIRSTIITH appealed in support of a peltition,
. by which Mn Hawkins claimed to be allowed to prove
- a debt under this courmission. itappeared that in 1816
be lodged a sum of 1.6001. in the hands of the banks'
rupts, for the purpose of being laid out in the purchase
of annuities. and intimated an intention cf increasing
the deposit.. At this time the .bankrupts were in great
*rant of money, in consequence of advances which they
badLmade to the Duke of Marlborough. They there-
fore gladly took the petitioner's money, and pro.cored
**nullities to be granted to him, in respect of both the
ims, by the Doke of Marlborough. Tt e money, how.
ever, never went in fact into the Duke's hands, but was
applied in- satisfaction of the bankrupts engagements
on his behalf. The Duke's estates were then encum-
bered to the amount of 487,4801. and the bankrupts,
knowing that they could not be repaid by his Grace,
took the petitioaer's m• ney for their awn use. The
annuity granted to him, was, however, paid for a year
and a half ; and in order to reconcile Mr. Hawkins to
the default which then took place, the bankrupts pre-
tended to give Lim a further security on trust estates
belonging to the Duke, which they assured him was an
ample one. Mr. Hawkins being ignorant of business,
and relying on the banktupts, had never doubted the
truth of their representations, until the true facts came
out respecting the amount of the incumhrances on the
Dike of Marlborough's estates, which took place in
1821, when a comp is.ion of bankrupt will issued against
Howard and The petitioner brought an action
against them for negligence, and was nonsuited. He
applied for a new trial, but did not pursue his applica-
tion, choosing rather to prove for the amount of his
debt under the commission. His tight to do so was
at first disputed, but at length was allowed, after a long
- • examination of the patties, and discussion before the
'commissioners. That decision had been subsequently
° overruled upon petition before the Vice Chancellor, and
the present petition was lodged in appeal from his
Honour's judgment. The Counsel contended that under
the circumstances Mr. Hawkins had a right to prove,
and that his right had, notwithstanding the nonsuit,
been prayed in the action at law.'
Mr. J. EVANS followed on the same side, and argued
• that it was clear an action would lie ft r money had and
• • received, and that the case was not one of negligence
but of gross fraud, by the practice of which the bank-
ropts had applied the money of the petitioner to their
own use.
The LORD CHANGILLOR asked how mach money had
• hese paid to the puke of Marlborough ?

s Mr. EVANS believed very little indeed.
- - The LORD- CHeNCELLOR said, the petitioner -mos;
• make out a case of conspiracy against the, li%Wif-.upts to
• entitle himself -to prove.
• • • Mr. Evans said, that such a.fil;e could be made out
Most satisfactorily. -
The LORD CeIANceLLoR asked if such payments of
. the. annuity ag were actually made, had been made by
• t Ike_ pjeke?
' • E 2,222 said," No, by the bankrupts alone."
Mr. TRRIMOVII, on the other hand contended, that
• . whatever might have been the nature of the transaction
• thisthe beginning, it had been confirmed anti acquiesced
• • •• in by Mr. Hawkin's accepting- the further Kathy.—
. That security was/gsanted upon certain estates ;of the
'•
Duke's, which were conveyed to.:11*, Btackatone and
Gen. St. J hn, as trustees fer the porpOse•of paying off
certain annuitants, in the number of which Mr. flisv-
bins was Included. There could be no conspiracy,
unless the trustees wc:e parties colt.
t be. Lotto CHANCELLOR asked low they became re-
..
. spensiLle ? . .
•Mr- TitEsiovs said, the preposition was, that if the
"•-pPtisioner would give up his annuities, he should be ad-
mitted to share as a creditor upon the trust estates. The
petitkner now alleged that there was no trust existing
of the etates.
• • The Lotto CHANCELLOR said he did not understand
- it so ; but that the trust was said not to be a beneficial
• • • .4sne as to the petitioner.
• - • Mr. Tuest,t,virsubmittei that the petitioner had not
made out a case which entitled him to be considered as
a creditor of the bankrupts estate.
Mr. BICERRITRTH replied.
The Loan CHANCELLOR doubted whether he could
•.decide this case without the assistance of a Jury. The
question turned upon this—were the securities of no
;')W-ytalue.
•add did Gibbs know that fact? It -.appeared that
..u„1.600i. was placed in the bankrupts hands, and 2,0001.
more promised them. This was unquestionably money
had and received. The bankrupts, or the assignees for
,them, said, " True, we had and received the money;
but we paid it over main on your account." If the
transaction was a fraudulent one, it could be no-defence
to an action; and if an action would lie, the debt might
be proved under the commission. So much depended
cn the validity or invalidity of the security, that it must,
he thought, be further investigated. He should there
tore desire it to stand over until Saturday morning,
when he would give judgment as to what he though'
tip best course to pursue.
COURT OF KING'S BENCH, GUILDHALL, JAW. 10.
• Sittings before Lord Tewrinuams and Common Juries.
DIAORIE a. MILLER.
This was an action by 2-by, aged •14, suing by his
- • next kiend, tarecovef the sum of 201. the amount of a
seising! 4 &red by advertisement for the recovery of a
5001. bank note, lost- by the. defendant on the Sib of
. January, 1827.
. Mr. 171. LT-r coAducted the plaintiff's ca.e. It apt
. 4 ripeased.that the plaintiff, whose parents were very poor
• :•, ripersons, beifig sent out by his fath•r on the day in
.• ts, .question -to purchase some articles of grocery; in the
aergishooshood of Newgate-strees, picked up-a. pocket,
book, *bids he saw lying on the parsemeocat the. coi-
ner of that street. A boy, named Beaufoy, whd saw
-• bins pick it up, immediately cried "halve:;" and the
• plaintiff objecting to divide tbe contents of the pocket-
book, Beaufoy attempted to .snatch it from him. The
plaintiff made resistance ; but, after a struggle betWera
Beaufoy, who was the boy of the -(iro,
~..•
.imcceeded in wrenching 'the pocket-b.* ..49r4 114
:Itaosisp. He imMeiliately made of.jusith J!d was
. gorsiscd and overtaken by ido'.platatiff, Wboolity*.an
ineffectual attempt to regain
possession of the pocket-
,lpopk,„called .-t0 +Wistaria; bujefices ten, (4 Abe
.04.9 022)(1.,0f trash. who.was passiagAkahe low Trash
,i.saihasesewded in getting possession of tlive•pocket-book, and,
1-•-4-ttelisequestly' gave it to Honey, the city street-keeper, to
- seep until the owner of it could b. 4 .discovered. On
being, °pew/Di% asa4 founds° contalin.n,gool. bank-note.
'the nest day au.. adaerlisitaleskt .1114P.AlferiCtil, in' 14,e
op, aZines andwarriber paper, offeriaw a Irma of 241-
PS‘ • the finder of the/ trete s oat its- beittg; Witenlo 40046.
•:'otAgbleiti irt4 tt!ti_kcti,rfel,flishljtth -611gre7gViltieeg.
440•4111100011WW-!..41K744verAsfOtlits-th.t. rl4
.„.„ gokesibrOjeisay.tssalessisead,field, atd it
MW2% ewentsifilwltstateditrthe 4ifehcbriags'-- Whe•telritid