Court Of King's Bench, We...
Before. the Lordl .iidf Justjce ABBOTT and a Xnu'Jr ; Thui was an action brought by the p}aint3ffto rccovedrtbe sum of 1,4801. of the defendants, whiolh he Imd intrusLed to them to be ln- vested in annuities on eood and sufficient security. Thedeferndaprs in the year 1814 or 1815, advanced this money to llenry Alichpel- Goild, Esq., for an-aimuity of 2f1. -chargedupen, certain incufh;; hered estates which he liad in Ireland, and gucAvanteed by a Mr. Eda wksrtl Birmingham, stylirn. himself laortd Athenry; Fremier Biron of Ireland. It was alleged, that at the time of granting thht annuity,tbe defendants knew that Colonel Goaldwa, in thernle-aof thcEleet Pri.i: son, and in circumstancessoetubarrassedlasto be obliged-t6apply f9r thte benefit of the Insolvent-Act in the year 1817-that thesecurity bf Lord Athenrv was uttcrly vrorthless and: insu-ffioient-and. that no persons who hadl not some interested motives to gratify woald have taken the security of either of hem for so considerable a sum. The plaintiff, therefore,- contende that he was entitled to recover this money. of the defendantsi as he had lost it e,tirely through their ne. gligence. On the othler hand. she defendants usaintaind4 tlaEt thev' were not liable to the plaintif:, since the estates were fully equal to- the payment of the incumbrances upon them, and stated as a proof of their ignorance of Colonel GOuld's iasolvency-at the.tinie of the narchase of this annuity, tlat they had subsequently tiade8 half year- ly payments nf it to the plaintiffon his acconnt. 1I1ere vas a great mass of evidence given i. support of the- allegations on both sides,bist as the case has been already twice tried, and.twice repokted in -oir Journal, and as the evidence of-to-day posmessed neither novelty nor interest,-we shall merely state, that. tht j.ry yeturned a vcrdict for the plaintiff-Dansages j33). 1ia.i 8d. BEh' tMLt V. BR]5ftS. 'When this cause was called on for trial, Air. SCARLErr rose, and irformedl his Lordlhip that this was the first time that the Opera- house had been in the Cotut of King's Bcn&h; It was likely to he a very long cause: he therefore suggested the propriety of not enterlng upon it at so late an hour of the day. The lortD CHIrF JUsTICr could not, he said, postpone the cause. fle wa. very willing to undergo the fatigue of hearing it that day. --' A0 r. SCARLETT.-IMY Lord, we certainly cannot finish it to. night; there Is an immense mass of evidence tobe submitted to your l,orllship. The LORD CHIREF JUSTICE.-Then we will take as much of it as we can get througlh to-day, and hear the remainder to-morrow. 1lr. SCARLETT.-But, my Lord, I am not sure that we can get through it to-marrow. The LORD CHIEF JUlSTICE told mr. Scarlett that the business must be taken in regular order. iMr. SCAR LETT.-As this case is a iery imnportant one, and can- not certainly be finished to-night, or perhaps even to-morrow, I shall withdraw the record. The record was accordingly withdrawn. The Court was occupied during the remainder of the day in hearing commoa jury cases. (COURT OF KING'S BE:N'AT(LR- n.D ) DARTNTALL-V. IHOWARD ARD fTrinl q -,