The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-08-24 00:00:00

.pon the part of the assignees,
.e cargo ; and now the question was
circumstances the assignees of the
`itled to recover the value of the
-ights not being prejudiced.
at time that the cargo was in
assignees of the bankrupts, so
ailty of a conversion. It now
ate the grounds of the defence
ild make, as it was possible he
rtu vof again addressing the jury.
aft mg first taken the cotton
agee e ship alone, the defendant
rds set up any other title against
arned friend (Mr. Crompton) re-
T. B. Molyneux had the right to
idant must have asserted it, but the
e assertion of the right of Edmund
lifferent manner. If this were so,
only title his learned friend could
mortgagee of the ship. This was
but the learned judge who pre-
that as the legal ownership of the
Molyneux, as mortgagee, the pos-
'ed the legal ownership. Upon
,re then defeated. Application
e Court of Common Pleas
.ct, and that the legal title to the
-Ission of the cargo, and therefore
Jbe for the plaintiffs. The learned
sort-hand writer's notes of the judg-
r 'al and Mr. Justice Manic. After
which remained was that of
a he apprehended that there
,vers. First, if the right of
d at all it was over; it undoubt-
situs was past and determined.
was from Charleston to Liver-
er before the defendant claimed,
for him to assert his right. The
le was no part of the transitus.
d when the vessel arrived in the
not so the defendant had no right
ground to which Mr.
....gment, namely—that this
mates to Toole, as a third person,
1 and there deliver them to Humber-
t delivery to Humberston and Co.,
ouse in Charleston. It was what in
-ailed an " executed delivery." The
.t to Charleston, and whilst lying there
on board for them, wherefore he said this
at Charleston to Toole to be delivered to
Co., but -

D.ll upon the
in his jud

1 was put

n absolute and perfect delivery
and Co. themselves by the hands of their

le, 1837

as then put in. Thomas
oiling creditor. Thomas

1, merchants, were appointed
.der of the Court of Review,
w petitioning creditor, was

to its reception, on the ground

Form to the statute by reciting that the
to be due to the applicants ; it only
ion said so, but avoided any adoption of

JUSTICE

there was a good deal of weight
ould not stop the case upon it.

objection

f the evidence was then gone through,
having been closed,
lected that there had been no evidence

a took several objections, of a purely

. . .
m which he trusted the court would de-
t entitled to the verdict on the plea deny-
assignees, and upon the plea of not guilty

lid he should leave all these ques-
he superior courts. With regard to
the Court of Review he had great

iculty he felt was how far he could non-
ought to do so, and yet keep alive the
should not stop the case on any of these

and irregular discussion, it was arranged
mld be entered for the plaintiffs, for
amount for which the 304 bales of cotton
ye to the defendant to move to enter a
.ound of the invalidity of the order of the
Lnd to have the benefit of a bill of excep-

D OTHERS, ASSIGNEES V. ATKINSON.
special jury case. A jury having been em-

[r. HOGGINS said the record had been withdrawn
each party paying their own costs, and all litiga-

m to cease

ROSS V. WORTHINGTON.
m the plaintiff, William Ross, calico printer,

ter, cianned compensation in damages for a libel
published concerning him by the defendant,
)rthington, of the same place, solicitor.
swell, Mr. Watson, and Mr. Seager were counsel
; Mr. Dundas for the defendant.
that last year a bill was brought into the
aons by Mr. Emerson Tennent to extend the
right in patterns for printing calicoes. A
►quiry was appointed by the hon. house, and
ve evidence against the bill before that com-
examination he was asked certain questions
o insinuate that he had on a former occasion
obtaining patterns i❑ an improper manner.
insinuation, and Mr. Wheeler, the solicitor
s of the bill, addressed a letter to the editor
,dian on the general subject. stating
nest indignation." Mr. Worthing-
ome third party, replied in ano-
lumbue," in which it was asked
plaintiff's answers to the com-
p been put in the form which was
iestions led to the inference that
is of a rival manufacturer at Fox-
man ; that he took these patterns,
raier ; and that he only escaped
interference of friends, by giving
This was the libel complained of.
first not guilty, and secondly a justi-
plea was withdrawn since the com-
es, under a judge's order. Mr. Dun-
t the letter signed " Anti-Humbug"
irnment upon a subject which, at the
s much agitated in Manchester, and
y the exaggerated praise of the

lis fore

ice from the court of ten minutes,
r the plaintiff—damages £BO.

3N AND OTHERS V. SWIFT

s brought by the assignees of the estate and
Dobson, against James Smith, to recover

,
neys due from him to the plaintiffs. The defend-
I that he did not make the promise in the manner

was a dry-salter in Liverpool, and the de-
n the business of a druggist in Rochdale.
s had been given by the defendant for the
)f the bankrupt, and he, when he found his
increasing, transferred to the defendant a
-041nr. .

reen .t2OO and .1:300, to ;enable him to take up
hese bills as they became due, and thus to save
e consequences of his indiscretions. The bank-
place in Dec. 1840, and the assignees soon after
;hat money had been conveyed to the defendant
r a man named Barker, the bankrupt's brother-
arker was examined before the commissioners,
ult of the examination induced the assignees to
esent action. The only witness now was Barker,
ed having given to the defendant £lO4 10s. of
)t's moneys, to enable him to take up some hills.
as returned for the plaintiffs for this amount.
adjourned shortly after five o'clock.

THE CAUSE LIST

ate of the cause list at the rising of

WEST DERBY HUNDRED.
7,9, 12, 14, 15, 16, 17, 18, 19, 21,
1, 32, 33, 34, 36, 41, 42, 43, 44, 45,
70, 71, 73, 77, 78, 79, 82, 98.

20, 31, 35, 37, 40,

g, 10, 11,
84, 91, 93.

No. 58

%Jos. 60, 61, 62, 63, 64, 63, 69.
OND LIST.—SALFORD HUNDRED

5,7, 27, 28, 39.
)s. 1,2, 4, 12, 31, 41, 49, 52.

*1,!,:11).

viit , keyed for the convict Weynytn, who
t Iltiar le-jourder of a man of the name of
44.4.1.15 e to l oefier assizes.

PI