Vice-Chancellor's Court, ...
I.-. kXN 1(ifT moveJ that the injunction granted in this cause sh,ould be dissolved, and that the defendant, having answeved the bill of compla4nt, should be at liberty to dispose of certain pictures hW lyibgi9I the London Dock warehousesi. The bill was filed by the plaintiff in his capacity of executor to Senor Julian Parga, a Spanish merchant, deceased- and alleged that the defendant.Collier haVing nade a collection of pictures to the amount in number of about ICO, sold them at aCadiz toSenor Pargan that thedeceased after. wards caused thepictures tobe insuredlo hisown accountby his agent lo LonJon, and hAving shipped them on board an 1English brigan. tine, callea the Brilia,t,, 1e, accompanied by ;Ur. Collier, came hith thent to this country. The pictures were teposited in the ware- house of the London Docks, where they still remain. The deceased endorsed the bills of lading to Mr. Collier, in whose pos%essien they tiow are, and scon afterwards died,, leaving the present plaintifr his eecutor. who, not being satistied that Air. Collier had any right to Or claim uPon the pictures,brought this suitto obtain from thatgentle- Tan a disctvery. In suipportof the plaintiff's cese, there was inserted in thehili vtanslitions ofthetitleof thee atalogue ofthe pictures mnade at Cadiz, and of a memorandum. purporting that they had, at the saame time and place, been sold by Mr. Collier to Senor Julian Parga. To this bill tne deren4aut Collier had put in his answer, and had mTnpletely denied all the charges of the bill, by which it was alleged that he bad'sod the pictures to the deceased, and he gave, besides, the following explanation of the transaction :-He said that Senor Pargabeingabout tO come to England and he, the defendant, wish- -ing to scna his collection cf pictures hither for sale,l had theqi slip- ot board the vesel by whiclh Senor Parga was to s-il. That hle had known the deceasae, from having made a consignment of iron hiun at Gibarter, on which transaction all accounts between them ae,re elose&X In conseqyence of this knowledge, he requested the who had an agent in London holding funds of his, to *eect an insurance on the pictures, which the deceased, to serve the defendant, did. The memorandum charged in the bill to be proof of a'saie was then drawn up, in order that the deceased might, ttpoa his arrival in England, claim the amount of the policy of in- surance made in his name, in the event of the pictures being da- tnaged. Mr. Collier afterwards resolved ts accompany the pictures to Fntland, and he embarked on board the same ship wish Senor Parga. They wnade the passage in so shert a time, that upon their arrivai at Gr"vesend, it Was thought it might vet be possible to prevent the efiectirg the poliey which Senor Parga had re- %l ired hls agent to make, and which was now unnecessary * for tmis purposeSenor.Parga wrote a letter to his agent (a copy of which 'was inserted) requesting him not to make the insurance on the picr tures. which he stated belonged to Air. Collier, who would deliver 'that letter. As a further proof that no sale hiad been made to Senor Parga, Air. Collier added, that he had endorsel to him the bills of lading, and signed orders for the delivery of the pictures. Upon this answer, Mr. Knight contended that the injunction should be dissolved, and the posscssion of the pictures restored to MIr. Collier. Mr. HEAT.D was beginning to op?ose this application on the be balf ef the plaintifF, wvhen Thc VICE-CHAfANCFLLOR said, that there was still so much mys. tery about the case, which the defendant's answer had failed to clear tsp, that he should not take upon himself to dissolye the injunction. The question ofthesale must be investigated by ajury. He should have no difficulty in directing an issue by whicl that question should be tried, if this measure was agreed to by the parties. Alr. *HEALD and Mr. SIDn:BOvwANS said. they should prefer amendincg the bill, in the hope of eliciting a further disccvery frorm the defendant, wrho could alone be cognizant of the facts of the trans- actonabetween himuself and the deceased. After somne further conversation, the matter was directed to staRd over til1 the next seal. VICDE.CHANCELLOR7S COURT- nu.'. A -- - QUITROS V. CSLLTF'tt Arn A--