The National Register. — London, England, 1822-11-03 00:00:00

pos. pla • • Porter bill she accepted was over-due, and she gave this bill as a renewal ; Robertson, plaintiff's attorney, went with witness sabot she was in prison ; she said she expected m oney from 'broad, and mentioned the name of it Mr. Vernal, who was to pay the deft. lbws' gave that bill to Simpson day or two after he got it, and mentiouud that he must part with it. Witness owed Simpeou, the plaintiff, ahout --It was made payable at Ciiatle-huuse Boariling-achoul, Holloway. Lord Chief Justice.—This is in the nature of • new debt, be ruse she gives it as a security whilst in prison. Mr Scarlet* contended the debt was paid. Lord Chiefitiatiee.—This bill is a negotiable security, and it gets into the hands of a bola filid holder. Mr. Scarlett submitted, that a person being anxious to get rid of an opposing creditor, gives a bill to a particular creditor, if then that party could recover, it would he a fraud ei the other creditors, and contended it was ipso facto void iu 14w. Mr. Marryal said, it had been decided in the case of a war rant of attorney, given by au insolvent debtor, to get rid of an opposing creditor, that it was void. That was a different rase from this, where the husband became liable for the acceptance of his wife. George Frederick Sargent was present when this lady was diseliarged on the 30th of May ; she was opposed by Mr. Millen, an attorney ; there was a discussion shout the creditor Clack having discharged her on the kith of May; that way a ground of discussion. Mr. Mullen made tli.l objection, hut the Court overruled it. Witness did nut attempt to arrest her The Lord Chief Justice observed, ie thought the Jury would conclude that her discharge by Clack, un the loth of May, was a discharge, as likewise going into custody again at the suit of _ . William Creen, turnkey of the Marshalses. The Commis sioner said to witness, that he could not bring tier up if she was nut in custody. Ills Lordship said he hoped this lady and her husband would have the benefit of the act, but nut to defeat the legal operations of hills of excbange. The Jury would say whether the dis charge giren by Clack on the 16th of May, was not to prevent her taking the benefit of the act. Likewise her subsequent arrest at the suit of linch, he not appearing a creditor on her schedule; and he dischar.;ing her on the 311th of May. just two days before she was to he brought up, whether this was not an improper arrest and discharge on thepart of Lincb ? The Jury found the affirmative of both. Verdict for the plaintif f , 631. subject to a case, how far the plaintiff could re cover on thu bill as a bora /ids holder. WILSOR U. TUCKER. This was an action brought against tLe widow and represen- Wive of the hate Mr. Tucker, an attorney, fur negligence and inkmanagement in making out a security, by which the plain- Cif sustained a loss of Vol. The facts appeared to he these :—A person of considerable property, named Freshlield, left by will a legacy of 40001. to a relation, also of the name of Freshlield, in which the plaintiff had a life interest. They expected to come into possessiou early in 11120. and Freshlield wanting to borrow money, Wilson applied ou his behalf to the late Mr. Tuc':er, at Bartlett's buildings, Holborn. He was introduced to Mr. Tucker in May, 11419. He said Freshlield wanted to borrow money, and proposed to secure the payment by the assignment of a legacy under the will of Freshlield, the abstract of which he produced. Mr. Tucker said he could not wish for better security, and told him to come next morning. According to the evidence of a Mrs. Watley, who was present at the interview, the plaintiff requested Mr. Tucker, to go to Doctors' Commons and examine the will, and not mind what Freshlield said. Wilson and Wreshlield came the next morning, and a deed was finally drawn to assign Freshfield's interest. It afterwards appeared that Tacker did not go to Doctor's Commons to examine the will, in order to see whether there wns any thing in it which an assignment of the legacy might affect ; and the consequence wan, that the deed was made in direct opposition to the will, which declared, that if any legatee claiming under the will should bargain, sell, ur dispose of his legacy, he should forfeit and lose the same, and it would sink into the testator's resi duary property. Tlm plaintiff, under these circumstances lost his interest in the legacy, and it was contended that the loss basing been oc casioned by negligence on the part of Mr. Tucker, his repre sentatives were liable to compensate the plaintiff. Mr. Puller, for the defendant, called Mr. Webb, clerk to the late Mr. Tucker, who was present when Wilson applied aposi Freshlield's business. The witness said no instruction was given by Wilson to go to Doctors' Commons to examine the will. There was nu application to Mr. Tucker for the purpose of instructing Win to examine the title of the parties to the lagacy, but to prepare the security. The Lord Chief Justice, in his charge to the Jury, said he was of Ulataall in law that it was the duty of an attorney, pre paring a deed of the above description, to go and see the whole of the will, unless something took place to lead hint to think each a step unnecessary. The question in this cause was, first, whether they would believe that the WOMall had proved on the part of the plaintiff. If they gave credit to her Statealeat, it was proved that Wilson desired Tucker to go to the Commons ; Webb, on the other hand, said, that not one word about the Commons passed. The Jury then delivered a verdict fur the plaintilT—Da rnages 2101. Iltal.oW AO) P4ASoN v. Moony. The plaintiffs, who were ironmougers previous to 1821. when they dissolved partnerbliip, bought to recover 91. and a fraction, for god. supplied to the defendant, a cabinct•malter. The de fendent disputed the partner.hip when the goods were furnished, but failing in tliftt I t, he proved a payment to the plaintiffs of 31. 19.. 9d, whi9l the 'corned Judge considered 111011.1 I'.itl on account, mud the Jury found a verdict for the balance, vie. 51. lOw. Several cringe' were called, and, in consequence of the ab sence dike attorneys, the Judge ordered them to be struck out of the paper. TIWRSDA V, OCT. 31. COLUMBIAN BONON.—HENDLRsoN V. BIRE. This was an action to recover a loss occasioned by the refusal of the defendant to observe a contract entered into with the plaintiff. On the 17th of February, the plaintiff purshasecl of the de fendant, a broker, in Threadneedle-street, 20091. ten per cent. Columbian Bonds, at 69 per cent. On the Bth (next day) news was r reit ed of the acknowledgment of the Colombian Republic by the Corks, in eonsegnenre of which, the Bonds rose to 75 per rem. Thu defendant then refused ill make good the par chase, and said ho had only one bond of 100111. which he would not give up unless the plaintiff would consent to give up the contract. This he refused to Jo. Mr. Mgrratt for the defenil.int, contended, flint the vtion einobt not b • iiip.taine.l, it, ron4oplem e ut the pinitatirs ♦.npi lace with the 7th Going(' 111., which .Met•, Unit it in TIIE NATIONAL REGISTER any sale of joint Mock or public securities, one party should re fuse to make )40041 the purchase, the other must ply the ►tock purchased al the market price, before he can rapport an action. The Lord Chief Justice war of opinion, that public securities meant only aecurities of the British Government. The Jury found a verdict for the plaintiff for SHARPE V. WE) 'iS. This was an action to recover a loss 14 uitained by the plaintiff. in cot:sequence of the negligence of defendant's servants. It appeared from the evidence, that the plaintiff's brig, the Shepherd, sailed on the 3d of October, 11421, from Newcastle. About four o'clock on the morning of the 2d of November, a vessel was s•ten coming (town upon their bow. She was hailed, and did not answer. There was every opportunity of going to windward or leeward of the Shep4erd, but she was suffered to olive in the side of that vessel, which oocasioned damages which were the *object of the action. The vessel which did the damage WAS ascertaiucd to be the Mary, of Weymouth. — After the accident she was Iftst., Tele .I , iry found a verdict for the plaintiff for 1001. subject to a reference as to the re•d amount of damage done. HOFFMAN V. 11.%)14AN. This W 33 an actinntOtecaver7ls,U4) 01 the balance of a contract for a large quantity of tobacco, inside its August last.— The defeuslant bought 641 hogsheads of tobacco, on hoard the Ulysses, from George Town, in the United Siftlea, to Diemen, at 381. Gs. per hogshead. Accordin4 to the contract, he wn, to pay one fifth of the money before the 5111 of Au4stst. and the plaintiff was to look fur the remainder of the defendant's cor respondents at Bremen, to whom the cargo wan consigned.— Tbe cargo did not produce the difference, and be sought to re cover it of the defendants. Mr. !Unman and Mr. Puller contended that the defendant was not hound to pay more than one fifth of the sum stipulated; but the Lord Chief Justice was of opinion the defendant was liable, and the Jury found a •erdict for the plaintiff, with leave for the defendant to move to enter a nonsuit. IkIDAY, MAY. 1. TAVERN BILLS. NAVSF. U.K GRI:GoItY PAGI TURNER. Mr. George opened the pleadings, fur victuals, eating, drink ing, washing, ironing, attendance, &c. The defeudaut pleukd nut liable. Mr. Marryatt stated, that ibis action was brought by the executors of Mr. Christopher Crean, who kept the Star lon, at Richmond, for lodgings supplied to Lady Turner, her sister, her lady's maid, and coachman; charges for rooms, sod stables for a pair of horses, &c. &c. The plaintiff sent to Sir Gregory when the bill amounted to 2001. • bill bad been given to Mrs. Crean at five months. This the executors refused. Sir George had been larested at the suit of the executors. The promissory note bad been returned long before. . . . . Mrs. erean, widow, examined.—After her husband's de- cease she carried on the business, for the benetit of the execu tors, and paid receipts to them. Lidy Turner and servants came on the 29th of June, 1821. Letters psued between her and her husband, to and from. Witness delivered a bill to her Ladyship of nearly half the sum ; witness wrote to Sir Gregory fur the bill, out received an answer from the steward. Verdict for the plaintiff 5501. costs, the items of the charge to be settled ort of Court. lIILBERS V. PETTIVIEL This was an action brought by a merchant in the city of Lon don, against the defendant, an importer of French drugs, for not delivering a quantity of 'allow, which the plaintiff alleged be agreed to buy, and the defendant agieed to sell. Mr. Gurney stated the case. The plaintiff, through the medium of his brother, bought of the defendant, on the 13th of December, 1821,100 casks of St. Petershurgli tallow, at .13s. per hundred. The tallow was to be delivered, hut in conse quence of a rise in the price, the defendant said he was net prepared to give it up. On the 31st of January the price was 51s. On that day the clerk to the plaintiff 'a broker tendered 50001. in payment of the tallow purchased, but the defendant's brother, Edward Pettipier, acting under the authority of his brother Francis, the defendant, said lie was not prepared I. de liver the tallow, and refused the purchase money. Under such circumstances the plaintiff lost the difference in the price 28s. and 51s. The sum amounting to 2961. ba. he sought to recover in thi!, action. Mr. Rainer, the plaintiff's broker, being called, said be made the contract on the part of Mr. Hilbers, according to instruc tions. He frequently demanded the tallow hut could not ob tain it. On the 31st of January the price rose to 51s. The plaintiff's name was announced when the tallow was bought. Cross examined by Mr. Campbell.—lle said the contract was made with Edward Pettipier, the brother of the defeed ant, who reside. at Liverpool. The witness had made many contracts for the plaintiff. It was not a bargain for difference of price. lie considered Edward Pettipier the agent of his brother Francis. John Wilson, clerk to Mr. Ihiner, proved the tender of 5,0001. in bank notes, as the price of ths tallow which Edward Pettipier said he was not prepared to deliver. The loss sus tained by non-delivery amounted to 2961. Ss. The bill of sale was put in and read. Mr. Campbell then addressed the Jury for the defendant.— Ile had two points to submit to the consideration of the Jury ; first, whether this contract was out entered into with Edward Pettipier without the authority of Francis Pettipier, the de fendant ? The other question was, whether Milt was a legal transaction ?—lt had been decided; in the case of Wardell v. Collnrd, under the sanction of the learned Judge who then pre sided. that a bargain, operating as a mere speculation to obtain the difference of price occasioned by a rise in the market was • gaming transaction, arid the plaintiff could not recover. The Lord Chief Justice in hisicharge to the Jury, also put two questions for their eonsideration. First. whether t'm con tract was macs by the authority of the defendant 1 If it was nut the plaintiff could not recover. N-at, supposing the con tract to have been made by the authority of the defendant. they were to consider whether it was the inimitim, of both parties to speculate on the price of tallow, without any intention to take the article. 'f be Jury found ■ ♦erdiri fur the plaintilT—Damages 2961. e. IPErTININ. This was a similar action, brought by the phintilt, to recover 1111. alleged to have hero lost by the refusal of the defendant to deliver up 100 casks of St. Petersburg!, tallow, at 455. per hundred weight, according to contract. Mr. Guruty stated this case. Mr. Head, the phintilt in this action, had actually received 50 of the Ith) ennl s the deb:nitwit had agreed to sell, and it was impossible to say tune was not an intention to take the commodity.. :11r. Campbell had no avai'ahle defence to Gifer in this case, and lbe Jury round a verdict for the plaintiff— Danite . ,es 111 f. COURT OF COMMON PLEAS. LIINESDAY. oirr. 3 " The Chief Justice wit at Callahan to hrar causes remaining alter Michadtaaa Trrui. . - ASSIGNEES )) HANLEY R. GRAY. This was an nction so reito‘er SOUL *bids it WWI alleged had been received by the defendant from the bankrupt in payintrd of money he bad lent him to the prejudice ut the bankrupt's estate. It appeared by the evidence, that the bankrupt, Hawley. wee a cheesemonger, in the Borough, and the defendant, wbo is • very young woman, is the dau4hter of a confectioner, who carried on business at lklaidstone, from whence he remo►ed to Stoke Newington, where he died, leaving a property of 6001. between his widow, who died coon after bins, and the defendant, who *alibis only child. On the examination of the bankrupt Hawley, in accounting fo► the disposal money he I.ad re ceived, he stated that be had paid 4031. to the defendant.— There appeared no entry of this payment in his hooks, which excited the suspicion of his creditor'', who had the d, fondant very strictly exa.bined before the Commissioners, on which occasion his evidence did not appear consistent. The assig• acacia consequence brought their present action for the reco• very of the money. The Chief Justice, in charging the Jury, said it was entirely a question of fact on which they were to decide. The Jury, after some deliberation, returned a verdict fur the plaiutilfs. CA SOYA. (From the Gazette of Venice of the 18th Oct.) " We have to perform a melancholy duty; we have to announce the death of an individual, who was the glory of sculpture and the film art•—•Autouia Canova. He arrived at Venice on the eve • g of the 4th of October, and hi ought with him a brother, to whom lie was tenderly at tached. They alighted together at the house of M. An tonio Francesconi, with whose family Canova was con nected by the ties of long continued friendship. He was so ill upon his arrival, that lie found considerable dif f iculty hi going up stairs to his bedchamber. " From that night he began to experience violent fits of vomiting, which came on every time lie took the slightest nortrisliment, and whh h were very soon followed by a violent amid i ontintied hiccough... _ _ _ " Every assistance was immediately rendered him by the most skilful physicians in Venice, but it was with the greatest ilitEctilty that they succeeded in diminishing the frequency and intensity of these two symptoms. They found it impossible to eradicate the disease, and to open his bowels, which in spite of all their exertions remained obstructed. The patient gradually grew weaker and weaker, and at length, about noon of the 12th instant, it was no longer possible to doubt of the approaching death of this great artist. " One of his friends, M. le ConseiHier Agnelli, under took the inelettelroly task of antionneieg the fatal informa tion to him: his pure soul s revived it with a calmness and reaigu..tion„ which fotnigd a worthy termination to a lie entirely cousecrated to works of benevolence and religion. When he received the sacrament, the sobs which sounded around his bed gave proof of the sorrow of all the by. slanders, and of the emotions which were excited in their breasts by the lively piety with which the sick men cast himself into tho arms of his God. lie dictated his last will with a clearness, intelligence, and precision, a Welt distinctly proved that he was by no means disturbed by the thought of the proximity of the moment in which he was it appear before the throne of veinal Majesty. " Some minutes afterwards, he fell into • kind of lethargic sleep, from which lie kept waking hum time to time. He replied to some questions put to him, and sometimes spoke without being questioned ; and at therm hitetvals, which occurred frequesitly, he uttered niaoy religious phrases, which were heard with veneration by • all present. His friends entertained furs moment a hope of presrrving in the world one of its noblest " 111111 neither the attention of his brother, nor the help of medicine, our the hospitable exertions of the family of Fraeceseoni, nor the prayers of the town, which, trom the first report of his illness, had been divided between hope and fear, nor the wishes of the gi ear personages, erlinie tespect, friendship, or gratitude, had attracted round his bed, could protract any further the dreadful moment e and on the Ii• It of October. about 44 'Mimics after seven in the morning, the heart of Canova ceased to beat. " It will belong to his historian to speak at greater length of his immense loss, which, perhaps, .will he only repaired after the lapse of many centuries, and which will be felt, not only by Italy. but also by the whole of En rope, sinee,Sis an illustrious living author has said, whets a titan has attained to 11141 degree of glory to which Ca nova had arrived, lie no longer belongs to this or that na tion, but is ehe CUUIIIIOII treasure and pride of the whole universe." MATCH' TO NOTTINGHAbit.—Mr. Al , etnelhy, the amateur North eounirylliJn, completed 1111 match to go to Nottingham Irons hing,lstid-road, at three &clod: on ‘Vetinesd,,y last. It was to go the ground on foot (2 Air miles) in ninety Imori, tier a LOCI. 01 100 bOVcrelgllll only. lid for another bet of 50 sovereivis that lie did the fast 135 miles in tile first 48 flouts. lie won both bets easily. and armed at on Wednesday in one hour arid ten minutes wuiun the guveei tint,. and bin little (aligned. This is 'waling the Powells, the Barclays, 'slur, &c. by •li odds. Nlr. Aherne by iratthed 140 mules of ground In the first two days, halting sin hours CAUTION TO SiiRVANTS.—OIt NVednesday last a very impudent robbery was committed at t h e house of Mr. James Labey, Norwich-m.ld, Kennington. Tile servant girl went wit oil some errand to a shop in the neighbourhood, leaving the door utiLtcheil, and only just closed, and during her short absence some thief entered and took from the parlour a wilting-desk, eon. taming 74) sovereigns, a tot. nine, six silver spoons. and some memorandums. The thiet coutrlnd for the pre. Inost etit•citial , y In elude pursuit. Ott %Veilliesitay .... long last, about seven o'clock. the parish officers of Si. M.lty, Islington, received map till that s 111.111 was 1011111,1 iu a held near Cairouhury House. Ou artiving at the spot they !ontid she MAO quite dead, 3itil presented ash. eking spectacle. Ile apt. prated to have been liken nut of the riser by some per. . and left in the Mid ; his pockets were turned inside out. He appears vi have Men in the water some tune. —lie was dressed inn bl4(-It coat and WitisitCo3l, Wise trowsers, htaek %hick ings and shoes, and is about 40 years f age. and see feet high. ' •~ I 1 4.. S~ 4 1 1 • l: f l