Law Report.
The Times, 1824-02-25T00:00:00

. alusng at IVi& tPAriust GK Id/nll, in -Lodon, &bfore Ar. J1zatice FinkAnd a 'Co,'yrnin Jury. I air. niergrant FELL staM the mase. It was an action brought to rqcover I151. lls. 6d. for goods sold and delivered by a bankrupt, of the name of ltiassell, to the defendant; and the ptesent action was brought on ccrtainnegotiable ;ecuritiea,by the assignees of the baisk- ruptes estate. Doctor Eady was a man of very great nlotoriety; his name wms. upon every wall in the metropolip-all who ran miguht read it. " Long lite to Doctor lady !" and he wished he could aidd, to his patients. He (tbe learned Sergeant). had not the lhonour of knowing this modern .asculs4ius of hapless love,- but if he were present, he-would have the satisfaction of f nding his history detailed m a court of law. The doctor was fornerly a lInendraper at St. Ives, in 11uniingdonishire and the learned bergeant believed that patt of the debt now sought to be recovered from him was incurred for articles of haberdashery, &c., vhile be resided at that place. He subsequently came to London, where he set up the busiress of a nuack, and became one of the loudest quacks in the whole countryv 'Thisillustrious gentleman, continued the learned t:ergeant, was not only a doctor, but, judging from his declaration, he was also a lawver, for epleaded,first,thathedid not owe the money-secondly,the gta- tute of Limitations-.aud thirdly, that he had been a bankrupt. These several pleas the learned sergeant would caU lwitnesses to refute. With. regard to the plea of bankruptcy, the doctor had been a bankrupt twaice: Th'e'first time he did not, as the leaned ser- feint believed,7 obtain hic. certificate; and, by an act of Parliament, f a person became a bankrnpt' secon;d time, and did not pay iS. in the pound, 1hia t?ecta were nfterwards liable. It was proper that the .doctor sho,,ld be nmade to say-his debts; but instead ot so do. ing, he had retained his learned friends (Sergeants V'aughan and Bo- ssquet) to defend him in this cause; and they looked quite as grave on The occasion as if they had taken some of the doctor's physie. (A laugh.) He, the learned sergeant, would prove what he had stated* and thc jutv woildgive him their verdict. The conimisaion of banlkreptey sganst Russell and others was . put in, dated November, l8f, as were various letters and other paf pert connected therewith', and read. I 1r. t William Russell, examined by -Ir. POLLOCK.-I am the banlkrupt. In consequience of an objettion mrde by MUr. Sergeant VAUGHAY, this witness was witdidrawn. Afr. Peter ffarris Abbot was called to prove that the bankrupt waalout of the way three days before the comznission issued. CIross-examined by Mr.SergeantVAuGuAA.-I ant ai accountant. I saw him three days before the commission issued at my office. I miet him at the fotc of Walbrook, on Dowgate-hill, in a hackney-- coach, an the clay following his departure from mtr office on the 4th or 5th of November' lie said'he was going into the-Borough to keep but of the way. Ir. ZWeo. Ru.selU reea2d.-Dr. Badv was indebted to mein the ealy paitnf1810, for gtiodecdod and ddfivered. Me. Justice IPARS.. AVWbz do you call him" Doctor 7" I cannot ronsmtte -cl ~terisoe:of cgi1.t deserlitiots by so honouarble 'an ap. oellation. ' Witness remumed..T obtained secarity in promisadrvnotes. I getted with bim to psy me by such notes us he should send me and sle paid tme a itslbalance inicash. He sent me the notes produced, but 1 cannot swear tsey are in his hand.writing, as I never saw him WohnnZ IEn'ung'to^fiprZisthebuni- kof Alitter Samuel Philip Eady on the not.es priuced. The notes were rea$-six in number. 1gsdy earted on 'the 1jsxiness of a linendraper at St. Ives when r liat dealt with-him: -I rtpeatedIy applied for payment of the notes bntt they wvere not pudl I last sawm him sbout two years since. had previously seen-hins at his residenceiv where I went for payment of the notes. His gene answer was, that he could not pay them ndO but by and by he ahoald be able to pay thenM. The last time I sIaw im was at thetop ofWalTtook. I said, " PNow, Eady, you must pay those notes, fot they tell me tltat you are about to set up your carriage." Efe said it wouldt be alt right7by and by, they ahould be paid Dy atid b'y.- ''Cro re examnnied by M;r. Sergeant VAuGr,HAW.-I understood vhen he said he would pay by and by4 that he would pay whets he had the ability. Ir have stated all that passed. IHe said it will be all right by and by, andlthey will be paid, aMd every body.else. He amiled when I said I bhard he-.was going to act up his carriage. This was-the ease forbhe plaintiff. Nr. SCrgean3VAvGUAW.-addressed :tbe jury for the defendant. This cause had been ir.troduced in a mannnr that bad excited in him- sonce surprise. H -did not knoaT-whv his learned friend had gone outof his wvay todetail the birth, parenns0c, and education, of Samuel Pbilip Lady, -to whom his. learned friend had giycn a di. ploma, unless he wished to acquire .a littla posthumous fame. by connecttng his, name with that of the distinguished. cbaracter for. Whomn he (.r. SergeantkVauLthan) appeared-as counsel. The ury. would never seW the ae of Eady on a wall'agsi, xithoat tli'king- of Alr. Sergeant Pe. It reaUy did appcerthat-his learned friend. soughtto share -the-celebrity of this gentlemlan-. "Oh! while tlong the stream of time tfiy name, :Expand lliesl.audgathers AUitsUfame, '? Say, lsbalhia little-barkateridat tsail, "Pursuethe t-flumpb,:"d partake the gale?" Hitslearned friend..bd4.enti*ed intotbehistory-of Dr. Esdy, of whom lie C NIr.iSe'rgei.t Vanghan4-knew nothin . but- from the lknbwledge which his i1aed friend.Ld sgdwn. of him, he suspected hds lea rned friend *as-a sleeping puinaerof the.doctor's, for the pur. 4~se-iaCMeit~a-prejudice against lsmi 'h . jb'ury:.must be saislied that' what-Doetor Eady was stated to hive-saii to 1r. Russell that .' itwctuld-be;affnght 1by: ssibye;,'tookit ot of the Statuteff Li- Zta befbrt th'py euld 'gsve tb verdict.for the .plaUnsifF The leeiedSergesast.wa proeedi.ng so advert to the docutos banknWptcy, *'when:. - : ; ', . ; .--lUg;Juastie P.^: .expressed a-strong opinor tbat thc deela tion dfbAylwasia.sfedmowlenent4so the dfbt.and a. psesnsetil 1zYi ~Thi ~y~medsatdy adeta ~~~~ of ~~~~~~~~~~~the.: -Com~non.~ ~ea3th, 6i chlie b for&~ ronsi~rbks pqfo will, LAW i EPORt.: :?UEtT OF CO O0N PLEAS. T{ESDAY. F'?. 24 _- _ CARLILE AND, OTlIERS V. DR. EADY.