The Statesman.
London, England, 1822-12-24 00:00:00

T
COURT OF C051310N PLEAS, Mc. 23.

GRISISTSID O. HOWARD AND GIBBS.
Mr. Serjeant Lens stated this case to the Jury.
It
was an issue directed by his Honour the Vice-Chan-
ftlior to try whether the plaintj was or note good and
latisofide creditor of the defendants' estate. The plain-
dff had become through the agency of the defendant.,
4 purchaser of annuities to the amount of above 45,0001.,
sad had besides advanced to Howard and Gibbs another
sum exceeding 30,000/: • for the same purpose, which
Mr. Gibbs had appropriated to his own use, or the iii
mediate necessities of the firm. James Gibbs had been/
a partner in the house of Howard and Gibbs, of Cork-
street. Burlington-gardens. Tate first annuity pur-
chased by the plaintiff was one .from Lord James Mee-
say, the principal part of which was paid in September
1816, at seven years purchase; the int was 141. ss.
from which insurance was to be deducted. Another am-
enity was soon afterwards purchased by the plaintiff
from Lord Sefton of 3001. in consideration of 3,00114
that annuity continued till 1818; when Howariataltd
Gibbs received the aannities, they paid them over to the
plaintiff, after deducting their commission. The next
was an annuity of a Mr. Sydenham of 2001. per annum,
in consideration of 1,2001. ; that was still in existence.
The plaintiff continued to ha paid until the bankruptcy
in 1821: the next was an annuity of a Mr. Benson, bat
that did net appear on witness's books. as the plaintiff
attended to it himself, the consideration was 4,9001. the
annuity 7001. ; it was purchased for seven years, but paid
off before the bankruptcy; the next milieu annuity of Mr.
Long Wellesley's, it was first panted to another person,
and afterwards assigned to the plaintiff in Sept. Isl9,anil
the consideration was 2,0271. lie. 9d. for neven years
purchase; it was now in existence, but did not continue
to be paid; the next wasan annuity of Lord Wallacourt's,
which was also granted to another person, but subse-
quently resigned to the plaintiff, the consideration was
2.7471. for seven years purchase ; the next was granted
by Mr. Beckford in May, 1119, the consideration was
1,0881., the annuity 1361.; the next was an annuity of
Mr. Udney, the consideration 3,2001., the annuity 4001,
it was purchased in June, 1819: the next was an an-
nuity of the Rev. Mr. Struth 01501.. the consideration
1.05014 there was a second of Lord J. Murray's
the consideration 2,1001.; and a third. of 1501, for 1,000
guineas; the next seas an annuity of Mr. J. Payne of
WI., the consideration 2,4501., that was still in exist-
dace, there was another of the same party of 3501., the
consideration 2.4501.; the next was an annuity of Count
Linsingen of 1101., the consideration 1,1001. the next
was an annuity of the late Duke of Kent of 6141.. the
consideration 4,2001.; the sett was an annuity of Sir It
B. Urban's of 4001., the consideration 2,8001 and another
✓emelt), of 2601.; the neat was an annuity of Lord C.
Fitsroy's of 3301., the consideration 2,6401.; the pose
amount of all these was 44,1251. 59.2 d. and all these wet
a
real transactions. Witness applied to the plaiatiff
for money, except to invest in the purchase of *anal;
ties ; at different times the plaintiff had lent money to
witness to the amount of 30,0001. all of which he be.
lined was invested- in innuities ; witness always told
him it was; the house had ample property, but money
set coming in as fast as it was required witness had
appropriated the plaintiff's money to the immediate us-
Mashies of the firm, which was from the year 1817
ander engagements for the aonaal payment of 120,0001.
so the 9th of October, 1819, the plaintiff's pass book
was made up, and the balance really in favour of the
plaintiff was 14,3191. 2s. 4d. ; to reduce that balance,
'illness made fictitious entries of annuities and names of
annuitants, so as to make it but 4191. 2s. 4d. Another
settlement of the account took place in May, 1820, when
witness seain made fietitions entries for the same pur-
pose ; in November, 1820, the balance really in favour
of the plaintiff was 36,8771. 10s.
Mr. limonite went into the employment of Howard
and Gibbs, in September, 1819 ; he deposed to making
up the accounts alluded to by Mr. Gibbs, and that the
erasures were not there when he made them up.
The SOLICITOR OINSRAL, for the defendant, ssidtbete
was a conspiracy to defeat the claims of bona fide ere-
tiitors, whose only support hail been wasted and destroy.
ed by the gross usisreauagement of Gibbs, for Mr. How-
ard, at the time of the failure, actually believed himself
po dui very extensive property. Gibbs hal repre-
sented himself in his evidence to have acted fraudulent-
ly towards Grimstead. His case rested on fraud and de-
ceit; hot it had been well observed, and he (the Solicitor
General) should use the arguments here, that if a man
represented himself to have acted infamously, the ques-
tion would be whether he had so acted, or was so acting
at the time by making the statement of his infamy for a
particular and fraudulent purpose ?
Several letters from Porter, a conveyancer to Gibbs,
dated March, 1821, were read, in which he desired
Gibbs to arrange, so as to postpone the meeting for the
choice of assignees, until the plaintiff could arrive from
France.
A letter from Gibbs to the plaintiff, dated October 9,
et 9, was read, is which the balance was stated to be
4191. as. 4d.
A letter of Rimonde was also read, in which he stated
his Willingness to do any thing to assist Gibbs, and
promised to attend the office as clerk to the commission.
The pass-book was produced, and Mr. Richard Adam,
the accountant, proved that he had ascertained the
amount of the annuities received np to May, 1819 ; by
that account 2,3501. Os. Sd. was time balance up to that
time, when a bill to that amount was given to the plain-
tiff. and subsequently paid.
51r. Ambrose Humphries deposed. that a Mr. Wilson,
a client of his, bad purchased an estate of Mr. (leeward,l
and Mr. Gibbs and the plaintiff had been present at sonic
of the it.terviews for the purchase, and requested that a
part of the purchasemoney should be paid to 6rimstead
in liquidation of his debt.
Mr. Sergeant LIENS replied. and contended that the
hooks which had been produced supported Gibbs's evi-
'dence, and being documents created at the time when
nothing of this kind was expected, clearly and indubi-
tably proved the truth of his statement.
Lord Chief Justice DALLAS charged the Jury, who
retired at half•past 7 o'clock. and atter half an 'hour's
deliberation returned a verdict fur the defendant.

SECONDARIES' OFFICE, MONDAY.
NEIL LAND V. MUSSILY AND PALMER.
Mr. C. Philips stated the ease. The Plaintiff. he said,
had lately been a pauper in the workhouse of the parish'
of Plumstead, in Pant; the Defendant Ilussey teas over-'
seer of that parish, and the Defendant Palmer was the
keeper of the parish workhouse.
The Action was brought to recover a compensation in
damages for false imprisonment and injuries inflicted on
the Plaintiff by the I),•fendants. It his instructions wire
true, .t hi b he ha.l no reason to doubt, the case was one
of gross oppression on the part of the Defendants.-
1 be i'Lintiff, who is now pour awl old. bad once urn
better days. The Defendant Hussey was a person of
opulence. The Plaintiff is instlie 70th year of his .Re
1.0 t;.; reduced to the necessity ot receiving parisb rclirf

4)1E1).
On Friday last,.Mr. W. •Rolfe, sged63.
On the 23d lust. Mr. Wallis. of Whilechapel-road,
aged 79.
On the 20th inst. at his house, nunbary, Middlesex, Mr.
K. Hedges, seed 73.
On the 19th instant, at his house in Slandwick-plaee,
Edinburgh, W. Jobson, Esq. of Lochore, late merchant in
London.
On Saturday morning, the 21st inst. aged 23, Charles, son
of Mr J. Wyett. of Kennington •terrace.
On the 4th inst. Margaret, the wife of T. Blakey, Bolt-
court, Fleet-street.
lip the 2Gth instant, John Ord, Esq. of Hatton-garden,
emigi 31.
At hltham, seed S 2, R. Cooper, Esq. late of Charles-
street, St. James's•square.
On the 7th inst. at Perran-Wharf, Cornwall, Bechtel
Spurge, at the advanced n:te of 54.1 years; the last 40 of
which she past faithfully discharging her duty in the service
of the family of lilt late Capt. Stewart, of Mount Stewart, in
the parish of Mylor.
At Camelford, on Wednesday last, Elizabeth Nortbeott.
aged 9S; she was aide to read small print, withoat the aid
of glasses, to the time of her death. •
On the is; inst. at Dowithron Market. Norfoik, Mrs.
Pidgeon. relict of the late Mr. Martin Pidgeon, of that
place. This venerable prr.on was born In the year lin
consequently was 59 years old, and till within a few days
of her death was In full possession of her faculties. What
is more rezearkeble„ during the long z Mod that she was
destined to "sojourn here on earth," she never had any
other place of residence than the one she died in, and ex-
pired upon the same bed on whirl shelves born 1