The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-08-25 00:00:00

The plaintiff in this actiouviiisliir7Peter Scaife, a merchant
ai Liverpool, and the defendant Mr. E. Arnaud, collector of
.eietitoms at this port. The action was brought to recover the
amount of two bills of exchange for £7ll.
Mr. Cresswell, with whom was Mr. Wightman, conducted
the case for the plaintiff and Mr. Coleman, with whom was Mr.
Starke!. appeared for the defendant.
,In 1533 the plaintiff had a banking account at the house of
Messrs. Fletcher, Roscoe, and Co. On the 22d of July of that
year he paid into his bankers' two bills drawn at SL John's,
Newfoundland, on a Mr. M`Murray, residing at Cork, which
were made payable at sixty days after sight. They were en-
dorsed by the plaintiff. Oa the 23d they were sent to Mr.
M`Murray, at Cork, for acceptance in the usual way, and were
returnable on the 27th. On the evening of the 23d the banking
hones of Messrs. Fletcher, Roscoe, and Co. stopped payment,
and after that date they ceased to transact business as bankers.
It was the practice of the Custom-house at this port to keep
tanking acconints with several establishments in Liverpool, for
which responsible security was required and given, and among
others it appeared that Messrs. Fletcher. Roscoe, and Co. had
a portion of the government account. At the moment of their
failure there was a large sum owing to the government. To
meet the government balance a heavy sum of money had' been
handed over by the bankers to Mr. Arnaud, who had transmit-
ted it to London; and the latter still held in his possession vari-
cies bills, &e. which he had obtained front the bankrupt firm.
Atthia time the firm of Messrs. itowlandson and Roscoe stood
indebted to Messrs. Fletcher, Roscoe, and Co. in the sum of
1:20,000 or EAU, ance knowing that their stability depended
upon that of: their bankers, they were naturally anxious to do
every thing iu their power. Is sustain the credit of the' house.
They were accesdiugly anxious to satisfy the demand of the
collector, whose claim by this time was reduced to about £1,700.
They raised 'about £1,200 for this purpose, which, with £6OO
added by .Messrs. Fletcher, Roscoe, and Co„ covered the goe
vernmeut demand; and certain bills held by the collector were
handed over to Mr. Thomas Peasou, amongst others, those paid
by the plaintiff. The former, who had no connexion- with the
backing-house of Messrs. Fletcher, Roscoe, and Co. further
than having a brother iu the firm which stoou so much indebted
to them, obtained possession of the bills, and immediately got
them discouuted by Messrs. Parr, Lyons, and Co., bankers, of
Warrington, through the medium of Joseph Donald, of Run-
corn: The bills had been endorsed by the plaintiff when paid
in' and put to the credit of his cash account.
John Gage was book-keeper and collecting clerk to Messrs
Fletcher, Roscoe, and Co.. at the tune of their stoppage. They
stopped payment on the evening of the 23d July. Plaintiff kept
a cash apeount with the' firm. They kept a general ledger for
miecebaueoes accounts, and separate ledgers for large accounts.
The plaintiff's account was kept in a separate ledger. The
pass-book here produced belonged to the defendant. •It was a
voucher for the cash Which he paid into the bank. The cash
received across the counter was recorded in the daily receipt
b4olF,,which was a recur(' of alt cash paid into thesbanle. The
sums received were posted from this book into the ledgers. The
bills now produced were copied by him into the bill-hook on the
day of their payment, and were by him handed over to one of
the partners. Cannot say that any bills were paid over to
Messrs. Gordon, Roberts, and Gordon.
Cross-examined.--Tbe bills, when received, were entered at
the counter; they were then entered in the ledger, and, after
being entered in the bill-book, were finally handed over to one
of the partners. Parties who made deposits might draw money
on the credieof their bills. The bills were entered to the credit
of the plaintiff. Could not say whether the plaintiff could draw
on the credit of these bills. Did not know what opinion his
employers formed of the extent of plaintiff's credit.
lie-examined.—When bills were paid into the bank, credit
was given to the parties for the full amount, and aft interest be.
lance Was struck at the end of each half year.
Samuel Fletcher was a_partner in the house of Messrs. Flet
cher. Roscoe, and Co. Was in the habit of receiving cash on
behalf of the customs and excise. On the evening of the 23d
July there was an account due from them to the crown, kept in
the, name of Arnaud. The balance owing was £15,000. The
bank gave him a draft on their London bankers, Messrs. Jones,
Lloyd, and Co. for the amount, which was dishonoured. Mr.
Arnaud came to the bank On the subject. on Saturday, July 27.
When Arnaud came he made a selection of bills, retaining some '
and rejecting others. Mr. Rouen transacted business with him.
The Officers, on the day fiillowing,carhe with an extent, and took
possession, not only of the banking house, but also the private
houses of all the partners. At this tune the house of Rowland-
son and Co., .owed them a. large balance. Mr. Pearson was
connected with Rowlandsoe's hunie. lie came to the bank,
and witness accompanied hire to the Custom-house, where about
£l,BOO was paid to Mr Letitia, a clerk of the collector.
Lownee in return gave Paarsen some bins. Arnaud was pre-
sent -during the interview.
Cross-examined.—Met Mr. Pearson by appointment at the
Ciistorn-house, where he gave him £5OO. l'his paid the balance
due to government, and they got rid of the talent. The balance
was about 1:1,800. Can't swear it was only £1,700. Did nut
examiue the . hills which came back. Introduced Pearson to
Arnaud. Did not examine the bills which Lownes returned.
Thomas Pearson sworn.—e Was partner with Roberts, Gordon,
and Roberts; who had a brother who was a partner iu the firm
of Fletcher, Roscoe, and Co. In consequence of a communi-
cation from his partner, went to the bank. From the bank he
proceeded to the custone-house. Saw Mr. Arnaud, Mr. Fletch-
er, jun. and Mi. Smith, the managing clerk of Fletcher, RoS-
coe, and Co. there. Received bills at the Custom-house. Paid
about £l5OO to a gentleman there whom he saw. Nothing was
said to witness about bills. The bills were brought out and the
catch was handedoyer. Does not know the name of the person
who brought out the bills. Paid the money in a private room,
leading out of the colleetter's room. Was hot there more than
five manatee. Can't' goi whether the bills here produced were
received at the time. flive•all the the bills then received to
Mr. Roberts, his parinere•
By the JuDGlC—Calet fen where-the bill now produced came
from; might have dropped from the moon. (Laughter )
Mr. Grantey Roscoe was a partner In 'the hankleg-house of
Fletcher, Roscoe, and Co. Remembers Atnitud coming to the
bask, wheel bills were paid to him; took bills and cash to the j
athount of several thousand pounds to theCtistom-house, to pre-
vent an extent being isiued. The amount paid to Arnaud was;
£11,340. The entry of the bills which he took there was made
by his clerk, Mr. Gage, from slips given by witness to Mr. John 1
Smith, the bookkeeper. Theie hills were entered on the 27th. 1
Cross-examined.—Paid a number of bills in diminution of
the account due to government. Arnaud returned a certain
number the next morning, which he did not like. Did not in-1
dorse the bills when he gave them to Arnaud. The bills were;
paid to Arnaud, subject to his approbation, in order that those!
which he did not like might be replaced by good bills or cash.
Thie arrangement was made verbally--no notes passed between
them. Can't say whether the bills now prothiced were return-
ed. The ex)ent was removed in a day or two after.
Re-examined.—Left Liverpool on the evening of Saturday,
July 30, and did not return until the Wednesday following.
There was not a fiat of bankruptcy issued until two months after.
Joseph Donald is a slate merchant, residing at Runcorn. Re-
ceived certain-hills of exchange frofn Roberts; those now pro-
duced where amongst the number. Received them on the 2d of
August, and got them discounted with Messrs. Parr, Son, and
Co., of Warrtngton. Handed the 'money over to Mr. Tarleton,
Cross examined.---Mr. Tarleton was a partner in the fitm of
Fletcher, Roscoe, and Co. The money was given to Mr. Tarle-
ton for Mr. Roberts.
Mr. CRESS wwr.t. founded leis case, on the fact of the bills hav-
ing been regularly paid into ttie bank in the customary way of
business, and being found subsequently hi the bands of Arnaud
under such peculiar and, suspicions circumstances. The assig-
nees could not, under like circumstances, have detained the
bills; and to make the matter worse, Arnaud, instead of hand-
ing them over to Fletcher, and from whom no person would
have taken-them, be being a broken -banker, had given them
to a third person, who was thereby enabled to get them discount
ed.

The learned JUDGE was of opinion that the plaintiff had not
made out a case, as there was no evidence to prove that the hilts
had ever been in the possession of Arnand. The plaintiff was
accordingly nonsuited,

SATURDAY.
(Before Sir N. C. Timm L.)
The whole of the criminal business having concluded last
night, Sir N. C. Tindal, Chief Justice of the Common Pleas,
attended the court.tolay fur the purpose of trying civil causes.
His lordship took his seat on the beech at a few minutes past
nine o'clock, and the business of the day commenced with the
trial of undefended causes in the list for the hundred of Salford.
Oi'ftNS'lidtw V. TR AYig AND AND-TREE.
'thiswas an action brought by the plaintiff, who is an inn-
keeper of Manchester, to *Cover the sus of Ws. 6d. for
refreshments, &c., .furnished to the' detendant, his customers,
and others. Mr. Joitet A noisoN, jun., appeared for the plain-
tiff. The. defendants, Messrs. Richard and Robert Travis, he
stated, were bleachers; and it appears that it is usual for per
Fang in their business to meet on certain days and entertain
their country customers at some inn or tavern. It was thus
that the amount claimed had acrued. The learned °counsel
said that it would be unnecessary for him to call witnesses to
prove his case, as lie was prepared to show, by written docu-
ments in the handwriting of the defendant, that they admitted
the claim, and had offered to pay it in instalments of £lO per
month. Mr. Law, attorney for the plantiff, furnished the re-
quired proofs, and thejury found a verdict for the plaintiff.
WA LLAVORTH• V.. SMITH:
This was an action brougln to recover the sum cif,X3o Bs. 1O d.,
fer wine and spirits furnished by plaintiff, a wine merchant, to
defendant, who kept a public-house, at Bolton. Mr. ADDISON
jun., appeared for the plantiff, and the action was undefended., The necessary proof of amount and admission was given by the
bather of the plaintiff, and the jury found for the plaintiff.
PIIIIItAItD V. MILLS AND oruaas.
This was an action brought to recover the amount of an
attorney's bill of costs. Mr. STARK IE stated the ease for the
plaintiff, from w hick it appeared that he had, on a verbal re-
tainer given by the six defendants, three of whom had since
died, commenced proceedings for the recovery of some property
which they believed they were entitled to. 'For the recovery
of the costs in these actions the present action was brought.
Scone ineffectual attempts had been made to bring the case to a
concluion. The case had been before the court some time
since, and was referred to arbitration; but, owing to some in-
formality in obtaining the rule of court for the award, that pro-
ceeding-harl fallen to the grr.und. The plaintiff had delivered
nine separate bills of costs, amounting to £73 4s. 7d.; these, on
taxation, the Prothonotary had reduced to £l7 17s.
Thomas Greenwood, a clerk with the plaintiff, proved the de-
livery of the bill of costs. and gave evidenee with a view to
show.that all the defendants had given orders for the proceed.
ings. There were nine bills of costs, the first of which was on
an action of replevin, in 1826, for which a retainer was given •
previously by all the six defendants. The retainer was verbal,
not written.

qc.•',Pr•flt ATCHERLItY said that Mr. Ferranti had'heen enforc-'
;nce 1829. He did not wish 'to speak harshly of
• •he nine bills of rusts before him, tle.three arrests
n place, the eon tinued•preiling of the matter for
f nine were; at least, matters•for the seriobti tot_
le jury. 'I bey mtntt.be satiiffeti that the Sivde-
. retain the 0,11)65, otherwiiie the action would
:rd. .He (Sergeant Atehtney) did not know
Mr. Ferrand were in court, but he would say
brpught Ibrward treauseifor payment in'which
-red a -single foot of land, or one shilling of
stopped short in the business, because it was