Star. — London, England, 1802-07-22 00:00:00

I Ai 1 Ile cam. to their houfe about feven in the even- , ing ; Mr. Blak.: was not then at home. He told the wi-nefs, th tt he was the Mr. Dallone who had lent t:it-rn the or ler from Bath, and asked if it ii tsly ? lie told him that the greatell part of it was executed, bit that it had not all palled the i ;all. He then allied if it could he completed the dsy ? The wit nefs told him it could, and ap pointed the next day. at two, for him to meet Mr. Dlake. il. accordis gly came the next day, at an.l ftw Mr. Blake. He defircd the goods ringlit he packed fir the evening. He had some con' erfazion with Mr. B. about the put-- ch., .0 of I m: watches, which lay in the thew-Oafs, which at Lill he took, under an agreement, that upon examination, he difliked them, he was to re turn them, and have other goods in lieu. About half p tit !even he came again, and the witnefs nude his siccount nut. Mr. DaUune at this time xvas in Cie pat jour, taking fome refreflment.— When 11 , .: prefeuted the accaunt, he faid to Mr. Blake, " sir, I mutt trouble you with a bill."— Mr. Blake Lid, " No, Sir, I can take no paper but Bank palm." Mr. D. replied, " Sir, I meant out •r," and then produced the ioool. note.— Biak,! looked at it, and obferved that it was a v y old one, to which Mr. Dallone replied yes, and had my old uncle lived, it would have been older, t r I never thould have had it if he could 'have carried it with him. Blake ;tilted the witnefs if he do•uglit he might lately take it ? He repred yes, for he never kncw a wool. note forged. This was not in the hearing of Dallonc. The change was then given him, which the witnefs fpecified ; amt.ng it was a draft, given by General Hulfe for Poor Rate , , the Plaintiff being an Overfeer °lbis Parini, and 3001. Bank of England notes, with tidier drafts, amounting in the whole to 4501. tos. The goons being packed up in five packages, were put in a hackney coach, which waited at the end of the court, and he drove away. He went the net: day to the Bank with the note, where it was flopped. The witnefs, upon crofs-examination, did not vary this teltiniony in any material degree ; lie added that Dallone had faid that he was at the Saracen's Head Inn. _ _ Clayti.n, Clerk to Cowrie,the (liver refiner, prone) th it Blake dealt with them for flyer, and that between the 14th and lsth of April he had 9c.ci ounces frrm them, which was an enufual large qiiaut;ty fir him. A Inn I the Plaintiff, and Wm. Bigg and Chrif tnpher PL pper, his two apprentices, gave the fame account of the tranfaitions of the evening, when the pretended Dallnne came to fetch away the good s , Biggs raid, he ttond by the coach to watch it, and it was No. i. he informed his mailer of the number. There being fume it . fi :nation that during a jour ney to the Welt of England the Plaintiff had filmed an intimacy with this (windier, the Clerk of the parith of St. Martin's,and one of the Church wardens, were called, who Hated that they had been alony with him to Bridgewater upon fame Farah braid's, and that he was never a quarter of an hour out of their fight. A Clerk from I)rummond's Banking hnufe prr.ved that he paid General Halre's check to a ;serf It who indorfed his niiirale Dall. This being the raie on the part of the Plaintiff, Mr. ERSKINF• for the Defendants, Rated that the Bank of England was b u t nominally the party to this a4tion, that they had paid the money long ag• under an indemnity, and that therefore the real parties were the Plaintiff, and thrrle perfons Rho had granted that indernhity. The Learned Connie! then at great leegth commented on the imps .per condua of the Plaintiff in ta:.ing a note of inch value Ira m a perfon hz did not know, and v.;:hotit any enquiry. He contended that this consluirt was fit pregnant with fufpicion, that it contaminated the trantae . tion, and was enough for the jut y to infer that he took the nose knowing the othe: had c: me fai.ly by :t. Mr. Kay; the S , ticitor of the Bank, was called, who (Wed what paired between him and the Plaintiff upon the note being flopped. He ad• vifed him to go to nov•-fircet, and take other ileps deten 0 c pea fon who had 1::.::d it upon him. Wake, rit,er a,r a'. de..: • f conver .n, and two or o.ree intet views, fard 111.41 put lomiell n exper.ce about it, but lock :o the Bank. He a .!..!0.1. that if the ltai.k did n t pay him, no man won:el il.tc in taking a Bank Note. Blake had nvver old him that Dallow quartered at the Sa racen's Bead, or that the hackney coach was num bered t Mr. Abral , llll K.wland Rated, that he had been enTli.yed in the Bank of England 5¢ years.— Notes for rc0.: , 1. eight or nine years old are very unfr,:qtrentl) in eiretilation,althrnigh he has known feveral inliances of this ; lie recoll.Ets a fmall note corning is 7o years old. Every note above a twelvan bcf"re it is paid patres through the a7ceorrotant's (Ace. _ _ A Clerk in the Bar:k proved, that the Note in ytellion was paid for a Draft of Nowlin, the L.lnktopt's, on the 14th of April, 1793, for The Gazette was alto prAduced, in which a rewatd w;ts r fFtred by Nowl.tn's Affignees for the rec'vcry of this note, and ethers which he had Rated to 'h•!m to have Ina, with his pocket book, on the road to Cheller. Thee or four wiinelres were alto called, who were prefeiit at the IlaintitPs interviews with Mr. Kay, to prove that Mr. Kay had been millaken in forth: parts of evidence, but it was nothing The ri.tiot:ff had Aro hcen examined before lan'. C ,, mmillinners, and his examinntion was v.. id, Loa it did not mate. i. lly vary from the pre fent cafe ; the ot lv rf any note was, he had there dated he did nix kai.w do number of the it.tckney coach a hich t0 , .4. away Dallom, till About ten dec helt.: . rt amin.ition„ Mr. i'nrata h.rving replitA 1 , 4 the Plaintiff, Oiler vcd, there was no difficult wicilion t.I 14%i, in thi, cafe; for it was ve•y plAti, if a nhin .1.-aT into poireflion of any tl;ry ,;;11 1 . 7 ,41*%, 11-...,411,1 acquire no property by r 1 • r • ' • holder, neither could he acquire a property by a transfer of it to himfelf. It a man alto had fair and reafonable grounds of fufpicion, by the Ilium c:grea of common umiertlanding, applying them- I'elves to fuch an examination, and yet with filch probable grounds of fufpicion chofi• to take a thing, the lofs i murt fall upon himfelf. The only queition the-efore they had to try was, Whether from all the ci rcum fiances of the cafe before them, they would fay that the Plaintiff took the note in question, knowing it, or with reafonable grounds for knowing it not to have been lionellly acquired by Inc pertim who paid it to him ? Has ing laid down the law with great precision, he proceeded to fum up the evidence. Almoft all his obferva tions were flrongly in favour of the Defendants, and he feonesi to he decidedly of opinion, that though the Plaintiff had not had any previous ac quaintance with Dallow, and had taken the order honettly enough, yet that he mull have been aware, from a great variety of circumtlances, that Dallow was not the legal holder of the note, and that from his com'cioufnefs of this, he was afraid to make any enquiries. The Jury, however, almoft without turning round, found a verdiEt for the Plaintiff—Damages r 0001. JULY 17. DIMSDALE AND OTHEP.S V. LANCHLSTER. This was an aEtion for money had and received by the Defendant tOr the Plaintiffs' ufe. Mr. Glass laid, that the Plaintiffs are Bankers in this town, and the Defendant, Mrs. Lambelier, was a perfon in trade in this metropolis alio. The facts of the cafe were fitfully as follow : A Prorniffory Note, drawn by the Defendant, came to the hands of the Plaintiffs, as bankers, for the fum of 541. t6s. which was not e d for non. payment, and upon which there therefore at tached a fuuher film of as. 6d. It was noted by a Notary Public of the name of Adamthwaite, nho fent his Clerk afterwards with the Promilfory Note to demand payment ; this Gentleman's name was Bannifter. He received the whole of the mo. ney for the note, together with the coils of noting. He immediately marked all the notes in which this payment was made, and then delivered them over, the fame day, to his mailer, Mr. Adam. thwaite, who marked them alfo. They were then all paid in at the bankers'. On the follow ing day it was difcnvered that one of the Bank Notes, thus received of the Defendant by Mr. Bannifter, purporting to be a id. Bank Note, was a forgery. There was no imputation what ever on the Defendant, that fhe knew it to be a forgery, but it turned out that it was a forged note. Application was made to the Defendant for the payment of this t 01. in lieu of this forged note, but flue refufed, and therefore this action was brought to recover the value of it, There would be no quellion upon the note being a forged n'•te, for the Clerk of the Bank would put that blond difpnte immediately. The (Ingle queftion would be, "-Whether this was the fame note or not, which Bannifter received of the Defendant in payment ?" He fhould prove it was, and then the Plaintiffs would be entitled to a verelia. Mr. Bailin'ler, Clerk to Mr. Adamthwaite, the Notary Public, find, he went to demand payment of a note for 541. 16s. and 2s. 6d. for the noting, nn the z 2th of March ha. He received one 201. bank note, three tol. bank notes, one 21. bank note, and two 11. bank notes, half-a-guinea, and flyer to the amount of Ills. 6d. He marked all thole notes, and delivered them over to Mr. Adamthwaite, the tante evening, when he got home. He waa quite fore the notes he delivered to Mr. Adamthwaite were the fame that he received of the Defendant : he received it of a Lady, on her behalf, and in her pretence, who appeared to be her filter. He was abfnlutely potitive, that not one of the notes was changed ; he had no other money, nor did he re ceive any other money that day. Lord ELLiNII(MOUGH laid, the Plaintiffs ma connedt this tom of money received of the Defen dant, with lonic Col.nt in the Declaration. It was then in oved,that this money was received of the Defendant on account of a Ptc.milfory Note drawn by the Defendant on a Mr. Savage, and payable at fi,ur months, and held by the Plaintiffs. Mr. Adamthwaite proved that he received the notes, defci ibcd by his Clerk, Bannißer, on the I 2th of March lad. He was lure that he notes were the fame he had received of his Clerk, for he happened not to have received any other that day. He wrote up. .11 every one of the notes the name of Lancheficr, and that immediately on receiving them. He then looked at the note in queftion, which was alledged to be the forged one, and he faid, that it was certainly one of the notes he re• ceived fiom his Clerk,his hand-writing being on it. The Clerk proved it was the note he received of the Defendant, and paid to Mr. Adamthwaite on the tsth of March. Mr. Adamthwaite (aid, he paid it into the houfe of Baron Dimfdale and Co. whole property the whole was, and that on the following day, it was difcovered to be a forgery. Mr. Baxter, a Clerk at the Bank, proved the tol. note in queftion to be a forgery. It was made neither of the Bank Paper, of the Bank Engraving, nor was it of the fignature of any Bank Clerk. - Mr. Easßtws took an objeaion to this form of the aftion,being fur money had and received—the demand upon the Defendant was upon a note drawn by her on a gentleman of the name of Savage pay able at four months,and which he did not pay,and therefore the Defendant was of comic liable for it to the Plaintiffs, who were the holders of it for a valuable eonlideration. When thisnote became due they call for payment; now fuppofe no part of this note was paid at all,the Plaintiffs mull have declar ed on this Promil‘sry Note. Suppole this demand had been for goods fold and delivered, and the Defendant had paid in bad paper, and this Note had beer. given for it, the Afti.in could not be for money had and received for the Plaintiff's ufe, it mull be on the Note. It could not he money had and received by Mrs. Lancheller in this Cafe, for fhe bad not received any money in this Cafe— money had and received it never could be, unle(s it appeared that the Defendant had received money, which ought to he in the pocket of the Plaintiffs— , Lord ELL MOICILIGH faid, that a perfun who fent . into the world a negotiable inflrnment like this, undertook to pdy the fun due upon it, and mull be taken to admit that he has finds in his hands tier that purpofe a and out of which he is to pay.—The whole amount of the Note was Arun:- cif to have been paid by the Defendant, but hoc was one piece of paper by which that payment w..s alledged to he made, that was worth nothing; :o;d therefore, to that amount, it was well dcfcribed as ; money had and received by the Defendant to the Plaintiffs' ufe. His Lordfltip laid he thought that { the ad of payment of the Note purported that the Defendant had money applicable to the pay ment of it, and that was money which was due to the Plaintiffs upon this Note, and therefore whatever (um was part of the whole of that pay ment, and not paid, was money kept in the I hands of the Defendant, which belonged to the Plaintiffs, and therefore, was to be deemed money had and received to the Plaintiffs' ufe ; for thefe reafons his Lorsffhip thought there was, in fuhflance, nothing in the ohjeEtion to the form of, the action. _ I Mr. ERSKINE then fubmitted to the Jury that this was a millake on the part of Mr. Adam. thwaite, the notary, and Mr. Bannifler, his clerk, for that in reality, this forged note sv;ts not given by the Defendant to Bannitter, that he mutt, lome how or other, have received it of fonwbody and fuppofed he received it of her ; for that the filler of the Defendant paid Banniller this money, and the remembered perfealy well, that the bank notes were all new and the paper clean, whereas the note now in Court was ragged and dirty, and not at all like either of thefe which the paid. Barbara Lanchelier laid, the paid the money to Mr. Banniller for this promiirory note 1)f 541. 16s. aid alio the 2s. 6d, for the noting . She de fetibed the notes to be , one a 201. bank note — three tol. bank notes—one 21. note—and two il. notes, half a guinea, and gs. 6d. in laver. On looking at the note in queflion, the ftvore the was confident that the did not pay that note to Ban nifter. All the notes the gave him were quite stew; the did not know where they came from, her lifter's clerk gave them to her; he was gone abroad the believed. He left their houfe on the igth of March, which was the following day af ter this payment was made. Lord ELLENBOROUCH faitl, he thought this lall circumflance cart a little light upon this queftion, or rather rendered it fulpicuous how this note came into the hands of this clerk who went abroad tho day following this payment. If the Jury were fatisfied, they might five fome time (which was now very valuable in that Court on account of the prefs of bufinefs before it) by fayin- , Co, without healing a reply from the Plaintiffs' Connie]. Mr. Grass Laid, there was no balance in the evi dence in this cafe. ' Lord Et.t.awsottounn faid, there was certainly not, and the Jury then found a verdia for the Plain tiffs, damages tol. ISINITI V. MAYNE. The plaintiffs, Meas. Bennet,are coach-makers ; the defendant an opulent tradefman in this city.— The anion was brought to recover the fum of jl. los. for the hire of a curricle at the rate of seven guineas a month. The defendant had paid 421. los. into Court, contending that this was a reafonable fum to be allowed for the ufe of this carriage. It was Rated on the part of the plaintiff, that there was no fpecific agreement between the par ties, and therefore he muff pro that this charge of feven guineas a month was reafonable ; accord ingly, the perfon who had been the kl;:len lant's groom, but who was lately dikbArgell, was called, and he fwore he heard the bargain made between one of the plaintiffs and Mr. Edinburgh the de fendant's agent, which he Paid was concluded at feven guineas a month ; and then feveral Coach makers were called, who laid, that fot the fummer months thischarge was moderate, and even too low. That to nuineas a month was a reafonable Cum for the ufe of a new cut ride for the fummer, &c. That this fort of carriage was a very faillionable and a very expentive article, coiling 150 and 200 guineas, and that there were form at 250 and even 3ooguineas, fold and paid for by good cutiomers; but that being an open carriage,it was much more injured by the dull and the rain than a clofe car. riage, and therefore a higher price was charged for the ufe of it, &c. There was no difficulty aboutthe length of time the defendant kept the carriage ; the only queflion was, what he ought to pay for it ? Mr. ERSKINE, on the part of the Defendant laid, he fhould prove a totally different contraa, and for that purpofe he called Hedslington, the perfon who made it. The witnefs laid, that when he went to Bennet's, he undertook to fit him up the cur ride, and aficed eight guineas a month for it. He thought it was too much, but the Plaintiff laid, the carriage would be ufelels the reft of the year, for nobody would hire an open carriage in the winter months. He then agreed to pay eight guineas during the months of Auguft, September, and Oetober, and if it was kept in November, he was only to pay four guineas for that month. Mr. Hayne was taken ill in the tountry, and did not return the Curricle until February.—The Plaintiff had claimed (even guineas a month for the whole time, and the Defendant had paid into Court 24 guineas for the first three months, and four guineas a month for the refidue of the time. Lord ELLEMBOtovoss, after making many fnit able obfervations on the frivolity as well as enor mous expense of articles of luxury of this kind, aqd the contemplation of bankruptcy which accom panied them, left it to the Jug' to confider which of the two witneffes they would believe, the dif. charged groom,who did not hear the whole of the agreement, or the agent who tranfaded it. The Jury thought the money paid into Court ' was quite enough upon this occafien,and therefore found a verdia for the defendant. PLVMPTO! V. TOOMNI. This was an afEtion for Slander, the Defendant having laid to the Plaintiff in the hearing of divers perfons, " You are a rafeal, a fwindler, a black __.___- __ J velll to be tn. Thissieas opened as a very ferirms cafe of I', not like thole common vexations of 1 life, i. which thefe vulgar epithets st._re frequently ,;.• Oki, but which were never regarded t:. A 10111. w. they did no barn), for the iitp..itrn ~f tL parties u.!ie generally filch, that tl!e not much affeaed; hut here the cal.: was tylter‘,.it ; flu theft: words were uttered of a p.:11;:it in a rr u : fiJenti..l fituation in die Poll Oaice, one to e.hotn his charaaer was a ferious matter, rot he had c:fs to thole places where I' ttLvs were 0,..p.4.. ed ct ntainiuY .iroperty to an inc..leulalik arnottyt. The cafe was therefore a cafe ~f great imp.? t ar ,., —The charaner of a nian in I.! ti tiny a ought to be vindicated let ic , u ( ly. Aphlicati „ n; >,I been madr to the Dcf.:! , ...iant to make a bee, it.i. t. apology, not in ;he vulgar wAy ot Newfpaper, for that, the l.tarrit.c! Ativi t , .. , lhould he left to draymen ;m.l Ira :• 1;' e, h.tt fomely laore thole perthns of the ( Co rder; isltt this the Detcnd.u.! let.Oed-1,• hoped, therefore, tile Jury would mat ts 11%ir icrAt of this cafe by I.:6( :s damages. It appraied, in evidence, tl,ar the I . ).!Frnd int tittered thefe r. orth of tile Plaintiff in tl. ...oil., of two or thi-ee lervants iu ti:: :;,, Pna Office, and sylien ;he t..tti••lll,...:•ante tto molly, they n ,theytile i r.t';;tt.t.tn :stni i t for fear of otftrdiu; ticir malls: t a mail coach. ;tn.! the ,t as a L imp m; ter in the Po it Oilier; atid ;pct, phce when he was cit,aning and was all-dged :Off), tkit the quarrel an 1: ft Plaintiff Ilegitfaisr N ink fOr a Z. Defendant hi ought hint fumy) the connti v. Lord EL•IFINDCW. ,, VCI" '' hoevzr 11”. form" , is in thi, cafe, he has 101 - his writ • priui, for, in every conat to fool declarati. ty he Las Hated thee: sorbs to have hecn fpt ken of an.: ct cerning the Plaintiff in hi; ll:nation at the I'.4t Office." The klaintifF uas thereiore noniutted. ,~•,~ TH.^•. %ING VE4NIN. This was an indiammt for an otfatilt. The pro.. fccutor, i,whole name is Greenwood, is an 11,1101- tlerer, and the Defendant, Mr. Vermin, is a re: : table merchant in the City. It appeared that the prefecutor was employed by the Defendant to in fix& a cargo of feathers ANhich had been inpoi tea by biro, and which had been confiderably da. maged during the voyage. For his ttiat:): !.re charged a guinea and a half. The Defcndant fufed this demand, and he fittrmoned him to the Court of Requeß. 'rills was the fcene tlit tranfaelion on which this profecution was found ed. When they met bet6re die CommitTionets tome difputes arof about their former dealings, the Defenoant maintaini".g that the prol.:clitur was rather in his cic:3t. The p; ofecutor told hini that what he laid was falti:. Say that agai.l, Sir, (exclaimed Lb:. Defendant) and I will p llycur nofe." The prof otor was nothing ten hut repeated his afriirtion. The Defendant, hi w.,ver, retained his irafcibiiity for the prelent out of re :pelt t" the Court. This moderation inlj.hed a.l ditional courage into the prolectitor, awl after wards in one of the paTages he acelikd the Def.n daot of having uttered a t.ilfehot:J. The Defens dart, unable to contain hirniell Any longer, itruck him feveral blows with his fi t. The Learned Judge i..bretved, that r;la•tver opinion rni:. ; :it be f ,, rrned the cordo& of the profecutor, the atfauit had Prui%cl, Verdid, guilty. No. 2G, CM H t L.—Me ills. flop vsly and Co. acquaint the Nobility and Gentry h..,t g <:t the 17.: - .Alith Lt ttery . in a kw antifri , ni lite numet (Judo-, they h horn all Rots ef iht United Kii,g,t,.l%, d a y ii ,A ; no Doubt but the wh. le o: As which the Lottery centi: ts Le 1 1 ,,,„;-,iiip.t ir d of ; 1 - lokNsby and Cu. tlitioltie 'bag 14...ve t.• re mind their Friends and the finitiic to bt :a their I'm - chafes, and humbly ittlici. their Favcar,t.. —N. B. Tickets and Shares will eil.V.11:1:: to Price. FCCIISIAS4IL'AL PROMOTIONS. The Rev. John Kendall, A. Matter Cle Karl I.titeff.re's flolphal, i, pre crated t., the Vicarage of Bus:brolit, by ilia Mayor and Al.hriben of the Borough o, Viarw;ck. Augottus Luny:%h.:int has ptasot;... Mr. J .ires Mai land Robcrtfon, prtachLr 41 the golpti, to e.:e church of Livingllone, in the county prdbytt. y o. On Friday, the Rev Mr. Koko:it Arderfon was rcttivcd as Minifter of the College Church. ildin burgh. hi RTI-i.i. Monday morning, at Milbank-11°We, Vilcounttfs Belgrace. of a daught r. In York-Rrect, Dublin, the wife of Richard Leabe,Ek.ri a fon. MARRIED. On Saturday. lait, at Paddington, Jofeph Wharans, F.ry. of Bayfwater, Middlefex, to Mil► SulAn W egg, daughter of .he late Edmund Ruth Wegg, Efq. On Thurfday Lift, at at. Chad's Church, Shrovlbury, Joists Porte, Efq. to Mite Dc Ce.urcy. Fleming Handy, HT fon of Sam. Handy, Efq. of B1::1C2.• Cattle, county Weamtath, to Mils Kirkman, only tidud.hter of Thomas Kirkman, Et+ of Dalkey. Tuefday, Edward Vaux , jun. Ely. of Auflin Friars, to P.ti Eliza Fade, daughter of Jon. Fade, of stoke Newirairco.: DILL). Oa the csth i nftant, at Aldborough-boufe, Dublin, the R; Hon. the Counters of Aldboroush, widow of ELte. , ,(4l, to late Earl, and finer married to Gtorge Powell, Ffq. idurri.La at Law. S:ie was the daughter of Sir John, now Lord her, and was married to at.. Earl of Aldboruagh the 14::, May. I 787; and was, fecondly,marrial to (hors: Powell,: 14. in the mohth of December laft. Lately, at GniLiford, within a few days of having c0:117J.. -1 his yoth year, 1 nontas Afore:La, I..fq. On the loth init. at his hoof •in stai.hope-areet, su t:a.. • 'a Tsui,. of his age, the Right lion. lb-e Barre, (Ink 4., .hci•, At Berlin, on the 4th lilt:tot, in the Ins • . Count dc 13rukl, General in Cavalry, Governor of a.e a .c :soya! of Prulka. On the Bth lnft. in tkehGth year of Lis age, the FLet . .lhr.r.ms Hindirtarrh, Vicar of Hayton, ow Poc:citirt: ti. On tit:T . 4th March Litt, at bonny, on the CU.:42: Captain Kitt. late of the (hip AEl:es, of Livtrpool. At his lung., tt Wargrave, Berks, the Act+. Air r,Le . .:,R tor of Gawfwarth, in Cheflure, attl.Etttt I'tl;rn:a. . . 11:k..H WA'F'ER AT LONDON lIRIDG-F. TO-Af.OP V.Cr• -. . Mon:ing 4 mi..v.rs al•er 8 AftermvlTl 40 nlitiote% .:, ter - 8 _. ..6b1.0014 ?rioted to• the JO. INI (of C..Vo.pby-ft:l.eti at the e-r A a vaim rits ij • Carey-ftrect ; paboitho.l hy 0. 4 ter bury-piaae, LarrettethLtt No t. t.7:4:c. , 41 , ea. a- , A