The National Register. — London, England, 1822-11-04 00:00:00

■ prison ; ■ former bill she accepted Vl' At over-due, and she gate this bill as a renewal ; It sbmisoo, plaintiff's attorney, west with witness when she was in prison ; she slid she expected mo ue) from abroad, and menttioned the name of it Mr. Venial., who wag, to pay the debt. \% itness grate flat bill to Simpson a day or two alter he got it, RII l ntentionod that he must part w i th it. Witness owed Simpson, the plaintif. about 1. - 111. —lt wan made payable at Castle-house Hoarding-to:hoof, Holloway. Lord Chief Justice.—This is in the nature of a new debt, be amuse she gives it as a security whilst in prison. 31r Searlett contended the debt was paid. Lord Chief Justiee.• —This bill is a negotiable security, and it gels into the hands of a Goma pie holder. Mr.Bearlelt subtuitted, that a person being, anxious to get rid of an opposing creditor, gives a bill to a particular creditor, 4r then that party 'could recover, it would lie a fraud 1111011 the' other creditors, and contended it was epee Jails void in I.tiv. Mr. Marry.d said, it had been decided in the case of a war mt of attorney, given by an insolvent debto►, to e t rid of ma opposing creditor, that it was void. That was a Jillerent ease from this, where the husband became liable for the acceptance of his wile. . . George Frederick Sargent was present when this lady was dischttrged on the 311th of May ; bile was opposed by Mr. an attorney ; there was a dismission shout the creditor Clack having dischar;cd her on the 16th of May; that was a ground of discussion. Mr. Bullen made the objection, but the Court overrule) it. Witmess.did not attempt to arrest her again. The Lord Chief Justice observed, he thought the Jury would conclude that her discharge by Clack, on the Muth of tiny, was a discharg'..:, as likewise g g into custody again st the suit of William Green, turnkey of the Marshilsea. The Commis sioner said to witness, that ho could nut bring her up if she was not its castody. His lan-dship said be hoped this lady and her husband would hate. the benefit of the act, but not to defeat the legal ups•rations of lulls of exchange. The Jury would say whether the dis charge given by Clack on the Itith of May, was not to prevent her taking the benolit of the act. Likewinu her subsequent arrest at the suit Of 11.inelt, lie notoppearing a creditor on her schedule; and he diseltar„ing her on the 30th of May. just two dais before she Was to be brought up, whether this was not an improper arrest Mal discharge on the part of Lincli The Jury found the aliirniative of both. Verdict for the plaintilf, 631. subject to 'a case, hoW far the plainta could re cover un the bill as a beau fits holder. VUI.SI)N U. TUCKER. This was an action brought against II e widow and represen- Wise of the late Air. Tuclecr, an attorney, for negligence and mi►management in tuaking out a security, by which the plain tilYanstained a loss of 2101. ... _ ilie facts appeared to be these :—A person of considerable property, named Frei:ldleld, left by will a legacy of 41/001. to a relation, also of the name of Freshlield, in which the plaintill had a life interest. They expected to come into possession early in 1820, and Freshlield wanting to borrow money, Wilson applied on his behalf to the late Mr. Tucker, ut Bartlett 5- boildirgs, Holborn. es/ was introduced to Mr. Tucker in I , May, 1st!). Ile said Fre field wanted to lmrrow money, and proposed to secure the pa: nent by the assignment of a legacy under the will of Fresblicid, 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 evil nee of a Mrs. Watley. who was present at the interview, the plaintiff requested Mr. Tucker, to go to Doctors' Cononons and examine the will, and not mind what Prealitield said. Wilson and Yreslitield came the next morning, and a deed was finally drawn to rissio Freshfield's interest. It afterwards appeared that Tucker did nut go to Doctor's Commons to examine the will, in order to see whether there wns any thing in it which too assignment of the legacy might affect ; and the consequence muss, that the deed was made in direct opposition to the will, which declared, that if 101,y legatee claiming under the will sh mid bargain, sell, or dispose of his !cowl, he should forfeit and lose the saute, and it would sink into the testator's resi duary property. The plaintiff, under these clreumstaneea lost his interest in the legacy, and it was contended (list the loss having been oe cssioned by negligence on the part of Mr. Tucker, Ibis rem- , sentativex were liable to compensate the plaintiff. Mr. Puller, for the defendant, called Mr. Webb, clerk tc 'Lk late Mr. Tucker, who was present when Wilson applies/. hp , ..! Freslitield's business. The witness said no instructiarr'Srao given by Wilson to go to Doctors' Commons to examine the will. There aas no application to Mr. Tucker for the purpose of instructing him to examine the title of the oiliest° the lagacy, but to prepare the security. The Lord Chief Justice, in his charge to the Jury, said he was of opinion in law that it was the duty of an attorney, pre paring :1 deed of the above description. to go and see the whole of the will, unless something took place to lead him to think such a step unnecessary. 'the question in this cause was, first, whether they would believe that the woman hail proved on the part of the plaintiff. If they gave credit to her statement, it was pros ed that W ilson desired Tacker to go to the Commons ; Webb, on the other hand, said, that not one word about the Con 000000 es passed. The Jury then delivered a verdict for the plaintiff.—Da magas 2101. t11I:I.OW AND MASON t,. Nonni. The plaintiffs, who were ironmoogers pret - too, to IS2I, when they dissolved partnership, *ought to reeover 91. and a fraction, for voila supplied to the defendant, a cabinet-tinker '1 he de- Gulden( dispiii ell the portuership when the goods were furnished, but hailing in that point, lo proved t payment to the plaintiffs of 31. 19s. 9d, w6iah the learned Judge conaidered money paid on account, and the Jury found • verdict for the balance, 51 Ns. _ . Several causes were nailed, and, in consegnettee of the ab. sauce or the attorneys, the Judge ordered them to be struck out the THURSDAY, ocy. 31. C.H.UMBIA N DON DS.—HESDEID-OS I/. RI Cr.. This was an action to recover a lova occasioned by the regnant of the defendant to observe a contract entered into with the On the 17th of February, the plaintiff porshaved of the de. feadant. a broker, in lireselneedle-street. 20001. ten per cent. Coleouteisee bowls, at 69 per rent. On the nth oe‘t day) new a was received of the acknowledgment of ti,' Colombian Itepuldio by the Cortes, in consequence of which, the 81111thi 11/14 to ire per rent. 'floe defendant the,. refused to make good the Ina chase, end said he had only one bond of 100111. which lie would not give up utiles,' the plaintiff would consent to give up the contract. This he refused to de. Mr. Merryett for the defendant, contended, that the option seeld not b • enataiee.l, in , uneryttence of the I,l4Beiill nee eetuplitune with the 7th I.isuigio 1111., wLitb insets, skit it iu THE NATION O. ntansTrit any s:tle of joint stock or politic trey ,1"°'" rc fuse to 'Nuke the purelantst o fiw otarr utast 1,-4 •I dark purchased at the tnarlwt prier hefurc pC 01111 1011111,1' • . witou. 1..0r11 Chief Justice wan of atitioii,tlint public s,euritics tnewat only securities of the British thwernwent. The Jury found a verdict fur the plaintiff for 34,1. SIIARPE I'. WEYMS. Thin wan an action to recover a 10%.4 sustained by the plaintiff. in consequence ..f the negligence of defendant's servants. It appeared from the evidence, that the plaintilra brig, the .S'hrp!ierJ, sailed on the Sd of October, 1!i21, from Newcastle. About four o'clock on the morning of the 2tl of November, • vessel was ii,en coining down upon their bow. She was hailed. owl did tint answer. There was every opportunity or going to windward or leeward of the Shephud, but ahe was antlered to sieve in the side of that vessel, which occusioned damages %bleb were the subject of the action. The •east I which did the damn w a ascertained to be the Mury, of Weymouth.— After the accident she was lost. The J.iry found a verdict for the pleintill' for -1001. subject to a reference an to the rent amount or damage done. iforrstAs e. IIAYINAN. This was no action to recover, 15,0001. the balance of a contract for a large quantity sr tobacco, nettle in August lam.— The delen Iron bought till hogsheads or tohscco. on board the Ulysses, from George Town, in the Lnited States. to 13tenien. at ~si. 6s. par ho•tshead. According to the contract, he was to pay one fifth of the 'Hooey before the sth of Ats4ast, amd iler plaintill . was to look for the remainder of the defendant'a cor respondents at Bremen, to whom the cargo was consigned.— Thee cargo did not produce the dill..f:ace, 01 he sought to re cover it of the detentleats. Mr. Alarryatt and Mr. Puller onntended that the defendant was not hound to pay more than one lifth of the sum stipulated; but the Lord Chief Justice was of opinion the defendant was !little, and the Jury fonnd a verdict for the plaiutilf, with leave fur the defendant to move to enter a nonsuit. rutnav, Ma. 1. TAVERN BILLS. MAINE V. Silt GIIMORY VAG{ TURNIR. Mr. George opened the pleadings, for rictuala, eating, drink ing, waalting, ironing, attendance, :cc. The defendant pleaded ❑ol liable. Mr. Marrystt stated, that this action was brought by the executors. Mr. Christopher Crean, who kept the Star Inn. at Richmond, for lodgings supplied to Ludy Tomer, her sister. her lady's maid, and coachman; charges for rooms, and stables for a pair of horses, &c. &c. The plaintiff sent to Sir Gregory when the bill amounted to 2001. ♦ bill had been given to Mrs. Crean st live months. This the executors refused. Sir Get.rge bad been arrested at the suit of the executors. The promissory note bad been returned long before. Mrs. Crean, widow, examined.—After her husband's de• cease she carried on the business, fur the benefit of the execu tors, and paid receipts to them. Lydy Turner and servants came on the 29th of June, 1521. Letters passed between bet and her husband, to and from. Witness delivered a bill to her Lady ship of nearly half the 1,11111 j witness wrote to Sir Gregory fur tine bill, and received an answer from the steward. Verdict for the Idsiogli 5501. costs, the items of the charge to be settled oat of Court. Illi.itl.l:c v. forTTIPIES. This was an action brought by a merchant in the city of Lon don, against the defendant, an importer of French drugs, fur not delivering a quantity of tallow, which the plairdiff alleged he agreed to buy, and the defendant agreed to sell. Mr. Gurney stated the case. The plaintiff, through the medium of his brother, bought of the defendant, on the 131 h of December, 1821, 100 casks of St. Petersburg!' tallow, at per hundred. The tallow was to be d,litortd, but in conse quence of a rise in the price, the defendant said he was not prepared to give it up. On the :slat of Ja n uary the price wan 51s. Ott that day the clerk to the pkiiiiiirs broker temiercit 511to01. in payment of the tallow parchased, but the defendant's brother, Edward Pettipier, acting wider the authority of his brother rrineis, the defendant, said he was not prepared re de liver the tallow, and rt-tused the purchase money. Iniler such circumstances the plaintiff lost the difference in the price tbs. and iris. ?lie aunt umouutiog to 2961. S►. he sought to recover in this ettion• Arinainer, the plaintiff's broker, being called, said lie made arontrant on the part of Mr. II Oilers, according to instruc tions. lie fiequently demanded the tallow but could not oh %in it. On the 3lst of January the price rose to 51s. The plaintiff's name was announced when the tallow was bought. erns -iamined by Mr. Campbell.—He said the contract was made with Edward Pettipier, the brother of the defend ant, who re►ides at Liverpool. The witness had made many cohtraeis for the plaintiff. It was not • WI gain fur dilference of prior. lie considered EJward petlipirr the agent of Lis brother Francis. John NVilson, clerk to Mr. Rainer, proved the tender of 5,0001. in bank note's, as the price of the tallow which Edward Pettipier said Ile, was not prepared to deliver. The lons nut. tained by nou-delivery amounted to 2961. hs. The bill of gale wan put in and reed. Mr. Campbell then addressed the Jury for the defendant.— Ile lad two prima to submit to the consideration of lbw Jury ; lust, whether this contract way not entered into with Edward Pettipier without the author ily of Francis Pettipier, the tte fenciatit t The other question was, whether this was a legal transaction I—lt bad hero decided; in the case of Vl•ardell v. Carnal, 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 oecasioned by 21 rite in the market was a gaining transaction, and the plaintiff could not reenter. The Lord Chief Justice in Ilia:charge to the Jury, oleo pot two queetions for their consideration. First, whether t• e con tract was made by the authority of the defendant ? If it was not the plaintiff could not recover. treat, supposing the con tract to have been made by the authority of the defendant• they were to consider whether it was the intention of both parties to speculate on the price of tallow, without any intention to take the article. I he Jury fuuoul n I, enliet fur the plsiufilr--n.N.Qe• 2961. lILAD V. PEITII.IIIII. ThIS was a similar action, Ittonght by the plaintiff, to recover 1111. alleged to bare been lost by the refolcal of the defendant to deliver up 100 casks of St. Peterslitirgh tallow, at 4.55. per hundred weight, according to contract. Mr. Conley elated this case. Mr. itt..141, the phintilf in Iltia act . , had actually received 50 of the 100 racks the defendant lead agreed to sell, and it was impossible to say there was not an intention to take the rommodity. amplodl had no avni:able defence to O'er in this race, and the Jury found a verdict fur the planitilf—llansages 1111. COURT or COMMON PLEAS. N ViDA Y, 3 1 # The Chief Juktice at Guildhall to 11C4( causes tett.ttit.ing atlri 31:41aaliaa. 'll at us. AiiIONFE..I OP lIIW I.EY P. GRIY Thin wan an whoa to reenter JAIL which it iels alle.,;e:l had been received by the defendant from the hankrupt in payment of money be had lent him to the prejudice of the bankrupt's estate, It appeared by the evidence, that the bankrupt, Hawley, was a cloecsononger, in that Borough, and the defendant, who in et Very )outq woman, in she daughter of a confectioner, who carried on business at Maidstone, from whence he removed to Stoke Newington, where he died, leasing a property of 6001. hetwten bia widow, who died soon after ham, and the defendant, wlO vanillin only child. On tier exaossimiion of the bankrupt Itowley, in accounting fur the disposal of money he had re ceived, he stated flint lie h•od paid -1001. to the defendant. -- There appeared no entry of thin payment in his hooka, which excited the suspicion of loin creditors, who had the defendant very strictly examined before the Commissioners, on which occasion lain evidence dial not appear consistent. The issniz.. new in consequence brought their present action fur the recu• very of the money. The Chief Justice, in charging the Jary, said it was entirely • troestiou of fact on which Col wcre to decide. The Jury, after Nowt, deliberatiun, returned • verdict fur lb• plaiutitfa. ca a or/. (From the Outwits rviice of t h e 1611101st.) "We have to perform A 11111?11leiltliy duty we have to announce the ilea , h of 411 iudi.idual. who was the glory 01 sculpture and the tine at t•—•Autonia Canova. lie arrived at Venice on the evening of the Ith of October, and 'nought with him ii brother, to whom he was tenderly at tached. They alighted togetLer at the house of M. An• tunio Fratirescont, with Will/AC family GlllOllB was con nected by the ties of Ling continued friendship. lie was •o ill nt:nti his au t ival, that he d considerable difficulty in going up stairs to his hrtiCiCllll6Pt. " Fruits that night lie began to experience violent firs of voinitiog, which crate on every time he took the slightest unurishineat, and whi lo were vet y soon followed by a . • . violent and continued hiccough. " lively aveistance was immediately rendered him by the must skilful physicians in Venice, hilt it was with the greatest difficulty that they succeeded in diminishing the frequency and let entity of !berm two ssinplome. They found it iniposhitile to eradicate the disease, and to open Isis bowel , . which in spite of all their exertions remained obstructed. The patient gradually grew weaker and weaker, and at lenatli, 1160111 110011 of the 12th instant, it was no longer possible to doubt of the approaching death of this great artist. " Olic of his ft tends, M. le Conseilietti, under. took the melancholy task of announcing the fatal informa tion to him : his pure sonl icceived it with a calmness and resign atoll, which formed a worthy termination to a life entirely consecrated to works of benevolence and religion. When he received slue 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 sire lively piety with which the sick snail cast himself into slits arms of 11i'; Ile dictated his last Will wills a clearness, intelligence, mud precision. Millets clistittetly moved that he was by no means disturbed by the II gilt of the proximity of the totiottent in which lie was to appear before the throne of eke. Isal Majesty. " Some minutes afterwards, he feel Into a kind of lethargic sleep, from which he kept waking from time to time. Ile replied to some questions put to him, and sometimes spoke without heing questioned ; and at these tatei val., which, 01-1.111 - IVd fretplesitly • he uttered many religious phrases, which were heard with veheratiosi by all present. Ills 610111 S CHIC. tallied for 8 of press rving to Ilte w,.t Id one of its noblest ornaments. " 11111 neither the ntteoliuu of his Mother, nor the help of medicine, nor ilte hospitable exeitions of the family of haticescorii, nor the Isra)etsnt Me town, which, hoer 111t1 first report of Isis illness, had hems divided between hope and tear s nor the wishes of Use great personages, whom iespret, friendship, or gratitude, had attracted round his bed, could protract any tardier the dreadful moment • and int the It It of Octant r, about 41 mitudes after seven in the morning, the heat t of Canova ceased to beat. " It will belong to his historian to speak at greater tomtit ill his iIIMICIIbe loss, which, perhaps, will lie only repotted after the lapse of many corm. tea, and which will Ibe felt, not only Ltaly, but also by thus whole of Ete iope, ismer, as an Mutations living author has said, when a man has attained so that degree of glory to which Ca• nose had arrive. d, he Ito long. r belongs to this or that us.. ClOlOllll is the 1:U111121CM ti ramie and pride of the whole universe." MATCH TO OTTINGIIAM .--Nlr. Abernethy. the amateur Nwth etitall.tVlll.lll, completed his mateo to irtt to N oft Ingham !rum Rings! did-road, at three o'clo-k no • Werlorstl.l last. It was to go the groom! on loot (2 stiles) in ninety how'', for a bet nl 100 Yom . k . reigtis end). and Cur another het u. 50 b4A - elrelglll that he did the first 135 miles in the fiat 48 110HHI. Re won both bets easily, and arrleell at Kingslitod uu IVedeiesday in I/11C boor and teal ns i ttt nes within I IC give', time, and but Title liti,med. This is be: the Powells. the Pc.e. by much odds. Mr. Aherne by trusthed 140 miles of ground in use. first two days, lultitt6 sis hours only. CAUTION TO SERVANTA.---011 Wednesday last very impudent robbery was coma - infra LI the house of Mr. James Lehey, Norwier-road, K. oningtoti. Tint servant girl went out On some errand to a sharp in the neighbourhood, leaving the diver unlatched, and only just closed, and during her short idssence souse tint f entered and took I she parlour a WfilOrA•dt•Sk, cols• Willing 70 vov , :raatise, a 101. now. si:silver 'pubs. and some tateutorJudumb Tne thief controied lot the rt. seas, swim sikelual:7 to elude pursuit. (in Wednesday morning last, about omen ecliptic, she pans!, talkers of Si. Mar y , Islington, received mien. inat:nii that a man was timid i n a field near Canotibui douse. Ois annuli/ at the spot 'll, l s I tile man guile dead, and press:men a shocking spectacle. Reap peared to have been taken out 01 the river by untie per. tin and left sit she h :Id j his 'sockets were tinned town!. 11 , . lie appear's') sere !Weil in the water KWIC hine. —lie was dressed in a black coat and waincolt, Wise trnwsers, 1111.avit 61;lelt 1110 and is about 3t) )ears 4 age, and OK feetintb. , . • , - 367 1