The Statesman.
London, England, 1820-10-12 00:00:00

COURT OF KINU'S fitiNt'll, Orr. 11.
Loaaon Adjourned Sittings after Nliehaelmas Term. before

LAW INTET.I.MEXCE.

111;. Jcaric► Bear and a hrrciAL Jtar.

MARRTATT AND I ;lEiti r. SMITII.--Thill n•ae an
action of assninpeit for money paid to the defend Ant
for the tile of the plaintiff:4.

Mr. 31.taaVATT and )Ir. F. Peol.t.ock were fur the
plaintiffs ; and Mr. Cit.:(NLv and Mr. CANIPII/LL for
the (fermi:ant.

The case was this defendant is a respectable
stock-broker, and kept cash at the house of the plain.
tiffs, who were hankers in )larsion-house-street. The
defendant, in the course of business had drawn a
check upon the plaintiffs fur 623/. 15s. and hail writ.
ten across the fare of it the words " and C •.'•
finding he had nu occasion for it, he put it into lois
pocket. Ily souse carelessness he lost it out of Ills
pocket. The inotnent he discovered the loss, lie we,:
to the banking-house, and gave notice to the pay-cle:'.••
to stap the check if it should be presented and rat
pay the money, ileser:bing it as a crossed check, said,.
salt mentioning the particular wanner in which it nat
crossed. Iw the ordinary course of lousiness, a crossed
check, (meaning a check to be paid to the particts!.:
person named in the cross-writing), is paid in the
clearing ben‘e in Lombard-strut, and not at ti,•
banker's counter. The pay clerk said he w,411,1
care of it, and shortly mites wards be went to his
uer, forgetting to mention to the clerk by who::,
was saaceedeol, that the def:•adant had been to t.
house to forhial the payment of the rheck ;u
In the interval the cheek was presented and paid
the clerk at the counter, who took no notice of t!e
words " and f'o." con,•lu ling that 411 was right.
Shortly at tern Ards the pay clerk first norntione
r.•turned and discovered that a cheek of Nor oh-fraia:-
ant had been paid, anal immediately exclaimed that
the cheek, of which he Popp .asetl 11 ail had n
tire not to pay, hail been presente•l. Ile than weta to
the defendant's office situated ab,•ut three mit:tees
walk f r the banking-house, asereo.,in whetiwr
the cher:: in question was that of c-Lic!, the deren.int
had gitell sootier, anal found that it was. In an inter.
view In-tweets the defendant's brother, anal the priu-
cipals of the house, they otro red, utiles the rioter's:-
stances of the ease, to compromise the affair, and pro-
posed that they and the defendant should Nasally shave
the loss between them. This was refased ,•n the part
of toe detentlmit, anti the present artisan was bronglat.
The question was, whether the plaintiffs clerk was in
fault under the eireoltaastances proved
Mr. Justice I/E4T charted the Jury strongly in
favour of the plaintiffs, hut
The Jury, after retiring about 10 minows, found
their verdict fur the defendant.

INSOLPENT DEBTORS' COURT, WEDNESDAY.

The Conrt sat this day in Justice Hall, Ohl Bailey,
in consequence of the new Art of Parliament, pre-
scribing that the cases of Insolvents belonging to the
City of London, should be heard in the Lity.
_

Henry Antler was opposed en behalf of * Mr.
Wood, on the ground of his obtaining goods. he nut
having the mem, of paying fur them. 'l'lll. Insolvent
was formerly before the Court, but remanded for Ale.
fect in Isis schedule. lle bas an annuity of 90/., in
addition to whiels his wife has 1110/. a year s•ttlesl
her by ler toiler, which will come to the Iswelvest
trt her death. This 10th/. of annuity is nit in the
schedule, but he acconuted for it, saying that he had
no control over it.

On the other hand, a witness for the &table.:
creditor swore, that the Insolvent had obtained goods
to a great amount, by stating himself to b. the 181.4,4
considerable p►operty in a short time. 'ibis was fe-
ttled by the Insolvent, who said that his father was is
town, and could prove he never said so.
The Court, after hearing Mr. Barry and Mr. Pol•
lock, ordered the Cat: to stand over, and in the mean
time that the Insolvent should produce the deed by
which his wife had the lOU/. secured to her ; nnl
also that he slsonid produce his father, as a witnes.,
to shew by what Stn.:ins, and on what grounds, he had
obtained the goods.