Star. — London, England, 1823-12-20 00:00:00

knows Sir Gregory Page Turner to have cot holes. in li nen a pparently new; - believes the shins to have been Uncut when given to him; the linen not used by him t ea s not cut; he frequently gave inconsistent orders; he eree ld not say at what o'clock he would dine, but merely told witness the dinners were to wait fur him ; he made them keep the meat until it was stale, and then insisted upon the servant's citing it; he made a boy in the house eat stinking eggs, and when he was ill in consequence, a t Gregory would laugh, and go away ; the Baronet us ed to wear very bad clothes until within three or four months: his bed and dressing-rooms were in a very un tidy g a te generally; the bed-room had been locked lately. when Sir Gregory was away frur home, and fre q„entlYP the day; Sarah Robins usually looked after bed-room ; witness was in the bed-room in May lest _cue bed and room were described to be in a state r each we cannot report]—Sir Gregory was very unkind 1 4 ,4; has not had any quarrels with him; he scolded mac h; struck witness in Jnly last, through a window; had n.agivenhim any provocation; he cut his hand with the ; el.is,; witness tied it up; he said witness was glad o f i t; a twelvemonth hack was ordered by him to leave . t he house at eleven o'clock at night ; went ; was sent for b e ck in half an hour; he was very ill at the time; be• l ur ed very civilly, and asked witness to take s glass, of w ine; lately he went more frequently into the kitchen and larder than he used to do; some warm days he would have fires in every' room in the hou,e; has known him, when; it was very cold, sit in the parlour with the win dows open until very late; he would have the chimnies swept every tottnight, whether fries werelighted or not. tiro:A-examined by Mr. BitovGttitu.—ltvceived- the linen from Elston, clerk to Mr. Mabel ley ; when witness tied up sir Gregory's hand was oat smiling as now ; was much alarmed ; a won in named S phia Atwell lived in the house two months ago ; does not know she was a servant, she did very little work, and said Sir. Gregory told her to do as she liked ; she re mained in the house about five weeks. Re-examined by Mr. PHILLINIOIt&—This woman has left the house about a month. Mr. Eiston.fiaw witness uke the linen produced out of the bed-room, and lie .then took charge of it. • By the Jury.--Did not steSir Gregory cut the linen : the holes cut ld net have been so worn •; never saw a shirt which he had used that sees tee-Cut. Mar} Robins examined by Mr. D e fi'M A N.—Has lived in Sit Gregory's house seven years' last August; for the first three years only went occa:ionally ; has often seen Fir Gregory ; should think he had some deficiency more than other people': 'reser was at school in her life; must beg to be excused in her latigmige ; Sir Gregory was odd in his talk, but sometimes spoke very sensibly; made the bed for the last two years, until three months ag e since when, the bed was made only when the sheets Mete changed, which was about once a fOrtiiight.—(The deicription of the room we decline publishing.) By the .Jury =Never saw Sir Gregory cut holes in his linen; leis familiarity was not greater than that of many Genlemen with their servants when in good hu mour; Sir Gregory requested witness not to patch his, linen; the holes appear to have been cut, but the wit-' hen never saw anything of the 'retains; has rather a' short mernery. . . Mary Birch has been a elterwoman in the house of Sir Grego. y since the Ist of February, in this year ; saw him het about a month ago ; fregeently washed h:s linen ; that on the table is part of tire linen witness al lodes to ; h a s noticed holes having been cut in the linen soon after they were new; does not know how the holes were cut, or by whom; Sir Gregory would not have the linen mended ; he once hit witness in the beginning of June ; gave her a blow in her side; they had not ex: changed cords; could not do anything fur several days from the effects if the blow ; he dressed sometimes very untidily ; has seen him on days when he had not shayed; one morning, eh-tit six o'clock r a fortnight after he had struck witness; Sir Gregory kept following her about the house as she moved ; he looked very ill and poorly ; be was in a very low state, but said nothing about the blow ; he had been up all the preceding night. Thomas Paxton has lived with Sir Gregory for 13 years, as Iris footman for the last five years; remembers his having been put under restraint two or three times; was with him on such occasions generally ; recollects his being in the King's Bench in June, 1820; went to him there; he was then in a very ragged state, and al lowed his beard to grow ; before some Solicitors came there, whom he expected, witness tried to persuade him to shave and put on clean linen. He refused to put on a shirt, and taking a pair of scissors out of his pocket; cut several holes in it; witness remonstrated; but he said—" Let me alone, I must be quiet." Slept in the room with him during his imprisonment. Recollects coming to town with Sir Gregory in August, 1822 ; he rode by the side of witness, who drove the gig. Witness tried to persuade him to go then to Baker-street, where Lady Turner resided ; at S 7. Alban's he got into the gig; when in Cavendish-square witness, wanting to gat him to Baker -street, told him he knew of an inn in that quarter where he could be accommodated: Sir Gregory then suspected something ; jumped out of the gig with a small portmanteau, and ran away; witness did not see him until six o'clock the next morning, when he came to Baker-street ; Lady Turner tried to persuade him to remain there, as did witness; who locked him in the parlour; Sir Gregory broke the door open with a pair of tongs, anclzot out; he then ordered the gig; he went out, and told witness he would meet him in the Citerfoad, but he not coming; Witness drove the gig to Battlesden; not finding him there, was coming to town in a coach, when he met Sir Gregory, betweeu Dunstable and Market-street; witness got off the coach he was on, and taking advantage of another Iloing towards Battlesden, returned home; next morn , drove Sir Gregory to London ; drove very hard for upwards of forty :riles; he stopped at every public house he came to, aid had some rum and water; he gave the horse nothing but water; wished to order a teed of corn, but Sir Gregory would not allow it, and reeerved that water was the best thing for a horse; ''elkt to Baker-street with Sir Gregory, who did so with great difficulty; left Sir Gregory and Lady . Turner in the iliawieg- room ; waited outside, in consequence of • the directions of Lady Turner ehad not been there many minutes before they heard Lady Turner scream o Mur der r-e Went into the room, and was closely followed by a maid-servant ; Lady Turner continued to scream: found Sir Gregory in a most filthy situation. drove him about in the gig that afternoon ; be frequently stopped al the public-bou.es for runt and water; at one place be was leav ing before ho had paid tut what be bad; the people of the house asked him fur the money; h e ga v e a XlO note, and was rtdeig awl, without waiting fur the change, when they, suspecting it tp be a forgery, altvnipred forcibly to detain him, but on witness's fa terferiDg and eliplaining, he was allowed to go; knows the bell4f /%l lting of Sir Gregory ; the letter now produced was writtestbe l eo n (it was then read, End was in the fo r m of a nienwrand" directing witness and his brother, in the event of guards being pi nice pion, Sir Gregory, through the ignorance and prejudice of Lady 'limner. lo preafre police dicers and Arnim them from -- about bis person]; remembers being in London with Sir Gregory in February last, foe about nine days. Sir Gregory had a eon and daughter; the former was at that dme very of which circum stance Sir Gregory was weU informed; he never went to see UM, nor expressed a wish to learn iraw he was; returned soon after wards to Battle/slew He received a letter from Mr. Maberly; found it contained an account that his son was no more. Re said Dr. Green had killed him, and he would penish him by law—sent me up to London to ascertain the facts; found , the child was dead; found that an operation had been performed by Sir Astley CoOper —returned borne ; be had received intelligence of the event — sent me to town again, and was to go to a chemist and get some bark, and ask permission to see the child ; was advistid to put the bark in his mouth. Ile did not fetch the bark saw the child; Sir Gregory said that a Ltroner's Inquest should be held ; said the child should not be buried till the 17th of April— told him to go to London with that order : said there should be no leaden coffin—witness said if the child was not buried before, no one could live in the house; he said if Lady Turner • did not like the house she might go . to an hotel; said there should be an iron grati to the vault where the child was buried, so that if he came again be might see him : he was ill in consequence of insanity, in June 'and July last ; saw something like insanity daily ; was in thb libit of collectiqg things, such as pictures, books, old coins, spears mess, and swords; they were not, in witness!s estimation, of much valor. He told me abAnt a year ago that a tinker'had got a coin; it was a pretty penny mentioned in the 'Testament; be got it ; witness went and gave, £9. los. for it : was to have given £ e10! witness said ft was ridiculous to deal in that way; since that time the tinker hes brought stones, bricks, and ilnagt•e, for which he paid him weU; his name is Boswell; he hi* since arrested Sir Gregury.There were people coming front all parts on such business; he put . them by and appeafed to think no more of them. Witness has; talked to him about his creditors ; and when lie has been ' tressed he used to buy these things; he called his creditors black sheep, who served the house and worked about the premises; pica ' ture and book dealers were his white sheep ; he said to witness, you must get some more money 'for my white sheep; he has, gone by the ninits of Paxton and Soribury ; witness never was with him When he made contracts with his white sheep gave inconsistent ottlers as to hi, ho.,se and garden ; wished wit• nest to paper the front of the house; had the pavement altered se veral times for the worse, excepting thelast alteration ; remem bers about twelve months ago, a pony dying, and witness told • Sii Gregory he should buty it, Sir Gregory said the pony should nut be belied until he had struck the blow; did not know what he meant by that expression, but his orders_were positive ; has tent letters and messengers to Loudon frequently for his white sheep ; witness used tit pay the white cheep money; but they never gave a receipt. Conversed with Sir Gregory in January a great deal; it was all about nothing; it amounted to nothing if summed up. He frequently called witness up at midnight, and sent hint to bed again, and said he would ask the question in the morning. Has seen him nearly naketrin told weather, and its hot,weatber he used sometimes to wrap up, and have a good fire. • By a ComaiMIONICA.—He had words with Tompkins ; threatened' to Sog him off the premises; considered that he was improperly disposing of Ms master's property. By another Costanssumea.—Drove long journies by Sir Gregory's command ; he used to snatch the whip out of his hands, and witness used to shake him well for it—(A laugh"). George ILt field exathiqed by Mr. Dextrin—.Witness is a me dical man; sale Sir Gregory in October, 1822; saw him this year in the King's Bench ; saw hint since, on Wedno,day last ; pro nounces him a lunatic decidedly. Cross-examined.—!flight have lucid interval*. Thomas Warburton rxamined.—Saw Sir .Gregory for the first time on the 24th of September last year; witness has great expe rience in matters of lunacy ; believes that Sit Gregory is of unsound mind; soma it to Mr. Moberly; witness considered, from a recent interview, that he is now a lunatic. Mr. Somrivset. rose a little after onto address the Jury on the part of Sir G. P. Turner. He stated, that by the authority and sanciion of the Lofd Chancellor *medical men on both sides exa mihed Sir Gregory, but he (Mr. Shadwell) must confess that he never thought such an Overwhelming mass of evidence would have been adduced in support of the Commission. It would be a waste of time to combat this evidence, and he was not prepared with evi dence to rebut it. The Curer Cosistissiosca considered that Mr. Shadwell had exercised a sound discretion. He (the Chief CoMmissioner) had a few observations to make, but be wished to know whether the Jury would like to see Sir Gregory ? because, if so, they must go over to the King's Bench Prison, and he would reserve his observations until that was done. Several of the Jury expressed a wish to see the Baronet ; hence the Commission was adjourned pro km. and they were conducted over to the Marshal's Glace. The Cuter Couutssiostra said that the Jury were of course to satisfy themselves in their own way upon the facts of the case. It was not imperative upon them to visit Sir Gregory Page Turner; -hut they had a perfect tight to do so, if they thought proper. The Commission was then adjourned for two hours. The Jury repaired in coaches to the King's Bench l'sison where tbuy, had an interview with Sir Gregory Page Tuier . T hey re-assena= bled at four o'clock, at the Gray's lon Coffee-house, and The Curer COSIXISSiOnEn addressed the Jury. It only remained' for them to say whether upon the evidence they had heard, and the _opportunity they also had of seeing the unfortunate Baronet, they thought him to be a man of sound mind, and fit to manage Ide own affairs, or the contrary. The Foreman then put the question to the Jury, and the sliew of bands was unanimous fur a verdict-.--"Xhat Sir Gregory Osborne Page Turner, Bart. was a person of unsound mind, so that he not capable of managiug himself, his lands, messages, tenements, 'hereditaments, goods, or effects." In answer to a further question from the Chief Commissioner,' they fixed the Ist of July, 1023, as the dote from which they in tended their verdict to operate. Some difficulty arose at the doe of dip proceedings respecting' the insertion of the name of the next (0 4 10 the words of the writ, the " nearer") heir to Sir Gregory'sproiserty, Mr. Maberly not re ' collecting the name of the Baronet's infant daughter, who is four' years of age; but it was agreed that a blank should be left in the in..' strument, to have the omission hereafter supplied. The Inquisition was closed at live o'clock, and the Jury affixed! their names and seals to the record. In the King's Bench Prison, no persons besides the Jurors and Commissioners were allowed to be present at the interview with' Sir Gregory Page Turner. LAW INTELLIGEVCL.• .••=•.1.1,.. COURT OF KING'S BENCH, DECEMBER 19. GOLDING D. BOOTY. This action was brought to recover damages against the defendant for criminal conversation with the plain tiff's wife. The plaintiff was the bankrupt, who, on Tursday, appeared as the principal witness to prove a case of usury, in an action at the suit of his assignees; and the defendant was one of those assignees. In refer ence to this case; the LORD Cfnair Jus rice, while the Jory were called, observed, with a smile, to Mr. Szar lett, who then cross-examined Mr. Golding, and now led his cause, "I see you have chanced sides." Mr. F. POLLOCK opened the pleadings, and Mr.Scia- LETT stated the case to the Jury, and afterwards called witnesses to establish the case. The SOLICITOR-GENERAL addressed the Jury at con siderable length on behalf of the defendant, arid the Jury returned a verdict for the plaintiff—Damages 201. COURT OF COMMON PLEAS, DECEMBER 39. NEAPOLITAN SCRIP-FORFEITURE OF A DEPOSIT HINNINCIS V. 110THSCHILD. • Mr. Serjeant PELL stated,. that this was an action to. recover from the defendant the sum of AIM is. 94. money had and received. The defendant pleaded • assumpsit. The plaintiff, Mr. Charles Henning:, respectable corn-merchant, the defendant was Mr. N lan Mayer Rothschild, a name which carried with the'reputation for opulence to such an extent, that could not trust his mind upon an estimate - of it : ,would say, however. that the defendant is What may most be termed a Royal merchant, and whose name • hardly ever pass from the annals of this coantry. question at issue rose out of certain dealings in die Nea politan Loan of ma, and the plaintiff brought his ac ti: to recover the sum already stated, 'which had bee% paid into the I:m*B.4u:rid:* defendant as the first deposit on six several Scrip receipts of t h at Loan. being the dertaking of the party who paid it in, to make 'good 'hit portion of the undertaking. The receipt of it by Mr. Rothschild must be- equally deemed his under taking to make good his part of the contract. [The Learned Serjeant then proceeded to read the Scrip re ceipts in luestionl The neat matter which he felt it necessary to state.to the Court and the Jury, was an Advertisement of the defendant, Mr. Rothschild, which had appeared in all the Newspapers of the 14th of Ja nuary last, which was as follows:- 4 NRAPOLSTAN LOAN FOR 1524. —Mr. N. M. Rothschild begs to notify to the huklers at tie Deyeeit Receipts of this Loan,'that the parties may 'either pay them In full on the Ist February next, ac cording to agreement, or that this period may be extruded at their option, on condition of a further payment of to per Cent. on the Stock being made, on the Ist February next, with the lonefeat du( on the Receipts up to that day. 10 per Cent. on do. on Ist March next With-interest at the rate. 20 per Cent. on do. on 13th April next of • four per Cent. from 10 per Cent. on do. on 15th May next let Feb.-payable as these And the remainder on 15th July next amounts become due. " At the time the foregoing payment* are ntadc, the p trties will be allowed to receive Bonds equivalent tt the amount mad.', or a. nearly so as the case will admit. 'Foos c persons who intend aruit ling themselves of the extension bere gl.u:ted, az.: desired to leave ' their Receipts at Mr. Ileth.child's Counting-hou.:, any day between the t2oth and esth in.t. in order that the same may b: duly marked, end oilier Receipts prepared for delivery on the Ist February. " New -court, Lunden, 11th January, iii;;;; " The plaintiff -being, as he had already stated, the possessor of some of those securities, and weing that• advertisement in the newspapers, ati.bessed a letter to \lr. Rothschild on the 21st January, 1523, inclosing to him the six Scrip receipts before-mentioned, ansi stating his iievis* to avail iiinaself of the terms offered by the defendant in the advertisement, and requesting that the necess iry certificates should be prepared. Thai letter, with the certincates inclosed, was left at the house of Mr.. Rothschild by a person who would be prod •iced, and who marked them. Oa the Ilth March, the plain tiff, Mr. Hennings, received a letter from Mr. Roths child's attorney, upon which almost the whole ,if the case turned; It bore the signature cf Mr. Greene, the then attorney'of the defendant, and who being also his attorney in the present actin; it must therefore be re ceived as the letter; cf the defendaiLt, Mri Rothschild, himself. Ile mentioned that matter thus early, having heard that an attempt would be made on the pat t of the defendant to prevent the reception of that letter as evi dence, on the ground that the writer of it ought to be produced; but such an objection could not be maintained. —The Learned Serjeant then read the letter, which was conceived in these teams: • " SIR—I am desired by Mr. N. M. Rothschild to express to you his surprise that you bare not yet maile the further payments on the Neapolitan Scrip Receipts, specified in your letter of the Ist of February last." The letter went onto state, that however Mr. Roths child might regret that 'any unpleasant consequence to the plaintiff, should resolt, yet his instructions to him (Mr. Greene) were to commence proceedings at law against the plaintiff if the payments were not made. forthwith. That letter was signed by Mr. Greene, and was dated 11th March, 1825; and.on the 14th of May following the plaintiff tendered the balance on the Scrip Receipts; but the defendant refused to receive it ; nor would he refund the sum which bad been already paid him. That Money was kept 'by .the defendant, Mr. Rothschild ; and the plaintiff now sought to recover that only which Mr. Rothschild Could not justly retain. l'f this que s tion should resolie 'itself into Mere matter of law, the Jury Would receiie the opinion of the Learned Julgerespectingthe nature of the verdict Which they ought to return ; but here was a fact—a •man had re ceived money to fulfil an engageMent, which he has not fulfilled. lie must fulfil theengagement, therefore, or abandon the contract, and refund the money. Should he satisfy the Jury of these facts by the witnesses he ,should proceed to call, he felt no doqbt that their ver dict would be for his client. . .. George William Roberti exarninetl- . --I am clerk of the plaintiff, Mr.laennings; and have been in his employ ment ten yearv. The six papers now handed to no are subscribed by the defendant, Mr. N. M. Rothschild, who - I_ have seen write. They are Neapolitan scrip certifi 7 cates—EThey were then put in and read by the Regis• trar3.—The amonntof the deposit paid on these certifi cates was 1,?351. Is. 9J. I saw the-advertisement in the 'Papers of the 14th January last. ' ' [Here witness produced the adirerthietnent of the 14th Jan. which we have already given In the; ststethern of -Mr. Scrje.int.PELL]. . The examination then proceeded=l left those six cer tificates at Mr. Rothschild's en a subsequent day in the Lame month of January, together with a memorandum describing them.- .The figures and words " 4,500 cht aats" were written on them by some - of Mr. Rothschild's Clerks. The Words H P. C.F. kennings" were put on by myself, at that clerk's request. I left it there for the purpose of being duly marked, according to the purport of this advertisement; and when I -had it back it had been mat ke.d. I know of a letter being received by Mr. Hemmings, dated the Ilth of plarch ; this-is that letter. I do not know tha handwriting annexed to it. Some discussion here arose about the admissibility of proof, that tHe letter was written by Mr. Greene, de tendant's attorney, which terminated in the examina tion of - Bigby.—l am clerk to Mr. Greene; I have been in his employment two or three months; but never saw him write; Mr. Greene has'been prevented by ill ness from attending to the business of his office. I told Mr. Druce, the plaintiff's attorney, that %%Greene was ill, and that I would consent to po-tpone the cause. John Druce examined—ls the son of plaintiff's soli citor; I took this letter to Mr. Gieene; I saw him, 'skewed it to him, and told him that I had come to sub piano him in this cause; when I shewed him the letter 1 ' asked him did he recollect that letter? he said, " Mr. A,shhurst can prove my hand-Writing." He law the letter, but did not take it out of my hand: Mr. Ash hurst, I belieSe, is the partner of Mr. Greene; -I asked him did he admit the letter ? he replied, " He had not attended to the cause." Mr. Serjeant Woomera rose, and opposed the receiv ing of the letter in evidence; and Mr. Serjeant Bohatet- Guar, for the defendant, contended that this letter ought not to go to the Jury. Mr. Ponce t, for plaintiff, supported the objections.' A long discussiOn ensued, when Mr. Justice Ilea- ROUGH said he felt obliged to let the letter go to the Jury; a.nd Mr. Serjeant V AuGlitAW said, he would enter • are .00 late; . you must go to my lawyer." Mr. Hem• mings then said-14 Why, Mr. Rothschild, your lawyer wrote me a letter." Mr. Rothschild beckoned with his hand for Mr. Hennings to leave the room. On the Sd of June I went again to the counting-house of Mr. Rothschild to deliver a letter of Mr. Hemmings' to Mr. Rothschild, and saw hint. (The letter was then read, in which the plaintiff again tendered the balance of -his - stock, requiting the pe.formance of the contract, or the immediate tenon of the deposit paid on account of it, and that if Mr. Rothschild did not comply in one way. or other, the plaintiff would bring his action.) Oil going into zhe ciounting-house of Mr. Rothschild, I said to him 4 ' I have a letter for you from Mr. Hennings." Mr. Rothschild opened the letter, read one dr two lines, looked at the signature, and said. " I Dave rodiing to do with you; I dun% know you who ate you ?" I said, Mr. Hemmings' clerk. " Cr OSS -ex:t iiiiised by MT. Serjeant VA UGUAN•Mr. H.enntligs bought the certificates in question from Mr. Low. Mr. Ileituings was the creditor of Mr. Low ; The debt was tiir4;iy' settled last December. Hem mings was not an otiginal holder of the Scrip, but got :hem, as I alteady stated, from Low. Mr. Hemmings w:ii epared to pay up the balance on la February, and saw the advertkernent already alluded to. He had money with which he could have Made a iayment, but he made none. lam aware that about the Ist of Fe- binary the Neapolitan Scrip began to fall, and conti nued to fall to the end of April or the beginning of May. The entry of the French into Madi id caused the Scrip to get up about eight per cent. since its lenmest price. The certificates kept declining throughout the months of February and March. Mr. Hennings never sent me to pay up the balance upon those certificates dining that period. I took the certificates on account of Mr. Hennings from Low, at 77k, he being then out of town ; they niay have fallen since to O. They were [gradually rising at the time when Mr. Ilennings 'waited opon•Mr. Rothschild. • ' Re-examined.-‘Mr. Hemmings' bad advanced upon the credit of those securities, before December last, I r 1,6001. namely, on the 16th November, 1822, Mr. Justice Bunnoucn.—Do you mean to contend that the deposit is forfeited ? • Mr. Serjeant VAUGUAN — I do, my Lord, intend to make it a part of my case, but I have other matter upon which to reply for my client. I shall, in the first instance, tender a bill of exceptions against the produc tion of Mr. Greene's letter. Mr. Serjeant VAUGHAN proceeded to addresi the Court and the Jury fur the defend ant. He approached the cause with considerable anxiety, not only on ac count of the large sum involved, and the rank of his client i but of the magnitude of the question to be. de cided. Ile was sure that Lis Le'arned Brother (Pell) would agree with him that if the royal 'Merchant (as be had described Mr. Rothschild) would consent to take apon himself the evidences which Mr. Hennings and others might similarly attempt to throw •upcon him, the royal merchant would vet) , soon sink under their pres sure. Mi. Rothschild was not present, being now, in France ; he could not therefore' be influenced by any delicacy towards that gentleman, to suppress the expres sion of his (Serjeant Vaughan's) opinion of him. (The Learned Serjeant here pronounced an eloquent eulogium on'the defendant, Mr. Rothschild, contending that his credit, like the public credit, ought not to be attacked.) —To the duce gents produced (the Scrip certificates) the plaintiff was not a contracting party ; that was however a point of law on which the Jury would have the benefit of his Lordship's directions. That there was not evidence to go to . the Jury, it was not for him to say, whatever his opinion might be; he would there fore treat the evidence as if it reaily.we re entitled to that notice. There was no privity of cotatact between the plaintiff and the defendant. The plaintiff said, I want to - recover the amount of my deposit. Did he say, I want to recover the deposit paid by Mr. Low ? Mr. Rothschild knew nothing of the plaintiff ; lie could 'only know his own contracting party. lie had no clnim upon any one else; for those certificates being traus ferable, might, if the matter looked gloomy, be trans ferred to it beggar, as. was of every-day occurrence with respect to leasehold property ; aad .hotild the terms of the contract not be enforced, Mr. Rothschild night be left without ally remedy, and be c-mpelled ep . 4ear the whole loss Limself. The Learned *rjeant nest refereed to the conduct of the plaintiff, in omittipg for. ward to pay up his instalments to thedefendant,while the,Stock.in question was depressed, and his claiming the performance of the contract on its taking a favoucabla turn. The commencement of the late campaign in Spin, by the French caused all Continental Stocks to fell a and eisnongst these the Loan in question ; the entry ,of. the French into Madrid produced.tha re-action. It had fallen from 77i to 67, and wbile \ so depiessed the plaintiff said nothing about the matter ; but the moment tare market looked up, lie made the demand of the defen- Ant which was the cause of the present action: The -Plaintiff had omitted to :lay up his instalments—the de posit consequently became forfeited, according to the terms of. the original contract; for unless so protected, what man would be mad enouglito undertake engage ments of the magnitude v-hich the defendant,Nr,Roths chird, frequently was a party to ? Mr.-Justice Butraouoir-'-Was there any deposit or instalnient paid by the plaintiff? Mr. Serjeant VAticriAsNone, my Lord. Mr. Justice BURHOUGH—Why did you not cosine to that point long since ?. - Seijeant VAUGIIAN—I was coming to it, my tord. A Juror—But Low paid a deposit, my. Lord. Mr. Justice Bunnouon—Very true; but that is a ,point of conscience, not a point of laW. I fear, Mr. SET T jeant Pell, I must nonsuit you-; for it appears there has cot been a single shilling advanced by Henaingse and your action is for money had and received. I cOnfeirise that in point of equity you would have bete milled to some remedy, but not by the present action ? ' Mr. Serjeant Pad. said, he was prepared to pros* the payment of 1,6001. by the plaintiff to the defendant, for most certainly the paymebt made by Low of that so must be taken as that of the plaintiff. ;• •• .. nom a formal objection to its beinoxeceived. After a very long - discussion betivitel a t* Litviiteri is a ' nigby/re4zantined by the • Couter.--Messrs. Gcntlemen on hoth,sides, . . . Na. Greene and Ashhorst were the ktioi ales of the defend- Mr. Justice Boa ROUGH recomMended thittsisli Id eIL • 4 th it ant, Mr. Rothicbild, when L first *lariat upon their consent to 1 special verdict. The question p . it he services they are's* still. .. . • . ' .. 1 :: ther the plaintiff, who had not con_sifte4fwijli!.t.W . . gis : lie Examination a q.,:rat,:,•lor reitlino4-94 . the 14th of the Advertisement of thal.taiskluit. my he Andeffil. y al- May, went witlititeplatali .tq bli'..ltotkrci:ild, whom mined to do, was entitle4to rect44lt WI iilegilitiire49l.llo will WA saw. Mr. 14enaiagi :said he came to pay up or Mr, Serjeant PEA. ggiinntid ?t t u t 'dick .. ~ • , . . • ...• . • • . • The receive bis Neapolitan certificate, and,on saying so, tea. VA i:b flap, reserV in§ his "rtifou Neat. detect to Mr. Ittithschilcithe amount in Bankotes; ave. tiuns tbthe receptio of 014* ' er:s P s ac. sum wits lt,s7file. and, a few shilliogs; that sum in- A . I:pc-cliff' vtviffel Vas din, gly& fcii ihe. is , r '. • - been. . . . . ..... ... elnded the, iirincipt and ietrrest. of the whole sum. up. eluulages,*l93o. I ii. (d.. . ,• ,• .. '.... . :.:., i:, ... .. .. ... 11.-:.r2 posit to th at d .{ j , for Alr, tielp..unig*, said sq w gr..Rot4rl . : . ~ • - a=alaMil • • ,. . i. iiii ii / on. child, wbo-did not deity it: Mr AnifisthAdsiid--"Tit Uttl WOomooss,fias artiyed at IA baton — lli. * ' good hate nothing to do with yuu ; I dou't kuow iou i you b rook street, from Nutislir. . s . .. .