The National Register. — London, England, 1823-01-20 00:00:00

THE NATIONAL REGISTn - - Defendant's clerk deposed to being present when the plain- II4STINER AND IPA. S. THOMAS AND RICHARD AS durTs. till's traveller called, ad defendant ordered the cream of tartar, I Alc. Seidel stated that this was an action against the wine whew Mr. Percival mentioned the price. When the defendant merchants in Skinner.street, Snowhill, to recover the atsount offered Cgs. Rd. Mr. Percival said he could not acorpt of that of two bills of exchange. A letter or the defendants would be price, but would write to his principals, who would write to put in, apologizing fur petting in a defence to this action, and defendant in the coarse of post, whether thew would nceept the requesting further flow for papaw: they were them in the order or not, It is only one day's poet to Kidderminster. This jaws of bankruptcy, and the action in the find holmium, was CO OSA ON the 13th of March, and on the 23d, defendant ordered deluded. The defendants bad since applied fur a new trial. of another house at Os. Mr. Percival might have a book in ea the granted that they had a good defuse., for that the wises his head, but witness did not see hits write. Does not renter- were of a lead quint,. Muses. Maniacs wore tiouidertible ber ; uo body was present but Mr. Lee and Mr. Percival. importers of wise. This was a quality of wine Cur which the The Solicitor General replied. The point reserved for the bills it. question were drawn. Pleiotiff, however, deteriniud consideration of the Court was, this being a verbal and to keep eight pipes in his hands oniil the first bill should 1.41 tad a written contract, the statute of frauds requirieg that coo- paid. When applied to, Messrs. Abbott requested, plaintif truth to be binding should he in writing to bind the parties.— would resew the first bill. They had sold part of the wise re- Sepposiog the testimony of both witnesses was enimpettebable, I ceived from the plaintiff, and offered to deliver it back. the question was, which of them was to be relied on as correct. A clerk of the plaintiffs proved the lewd writing of drawers Mr. Percival, the plaintiffs traveller, was bound to be correct. sod acceptors. and ant the defendant's clerk. who was then employed in Another witness proved the bard-writing of Mr. Thomas keeping his accounts, and only en accidental witness to what Abbott. passed. The accuracy of *be testimony given by the two wit- Cruurtemniriga—Witness knows nettling of the transaction. nesses preponderated in favour of the plaintiff's traveller. The defence being that there was usury in retaining the The Lord Chief Justine observed, there was no doubt ne to wherein question sniff the bills became due, at these wines the cream of tartar, which the plaintiff received, and . • know- i were sold at IA mouths credit. lodged the order by paying the mosey into Court ; the only I The Lord Chief Justice was of opinion the defendants' pleas question was as to the lac dye. It was material to consider 1 bad (ailed as to usury. Verdict fur the piitiotiffs-1,0301. what the order was, it not being a valid contract, sot being in PRINCE • • writing. Yet the defendant's accepting the contract in part This was an action brought by the plaiiitiff, who is a slop took the case out of the Staln.- of Fraede.—His Lordship re a seller, to recover O$W. the Talus of a quo ..ty of cloth, sold commended in all commercial truseotions to observe die pro- by the defendant in India. It appeared that this cloth was visit». of that wholesome statute; for if the contract is this I placed in the hands of Copt Clarke, wi th directions to sell case had been in writing, and sign e d by the party g i v i ng th e it i n I n di a , an d apply the eds to the purchase of other order, there would be an end of this dispute. commodities apeoified in the instractioss. Is cue he could The Jury forted for the plaintiff—Damages 1481. sad costs. sot purchase the goods, he was to remit the proceeds in hills RHODE, AsSIONFE, V. PROCTOR, ASSIGNER. of exchange. The defendant, on his arrival in Indio, said the The Solicitor G enera l stated that this was en ise„ from t h e cloth, lint did not bay any of the articles specified, because he Vice Chancellor's Court, to try whether certais bills of ex- found the plaintiff would lose 2.i per cent. by the cuisine of change, drawn upon Rains and Co. bankrupts, were well eon- the rupee. Neither did he stud bills of exchange ; but, acting as *filmed, and whether the plaintiffs were entitled to recover he thought for the best, peaohased segue, which he shipped against the assignees. These bills, several in somber, were in a vessel homeward-boiled, maned the Fame. The defend for 1,18)01.; 8201.; and 71101. ant had no anthoritt to do that, hut it did not sppetr that he JONES V. RENDERSON. limed with any improper view to benefit himself. His letter, This was an action on a charter-party, ender which the de- I in which he noticed the shipment of the sugars, mentioned that •fendent agreed to carry goods to the West Indies. on the purchase of the articles specifi d 'he exchange was so It sppesred that Jones, who was a ship-clisndler at Lime- low, dint he Ited laid out the money more to the advantage of bonze, shipped on hoard the defendant's brig Rase, a large I the plaintiff. lie sent this letter, dated January 11, and the quantity of dry-goods, consigned to an ageut at Jamaica. By plaintiff received it on the 29th of May. The ship, which the conditions of a charter-party the defendant undertook to sailed from Calcutta with the sugars in February, was expezt• deliver thee goods, and to convey the 1/111111 with due rare mud ea to arrive in July, bet enfurtunutely she wet. lost off the Cape. elution. The freight was regulated. The ship sailed in Marcia, The question was. whether Mr. Prince, the plaintiff, having and met with bail weather before she fell in with the received the letter, stating the shipment of the steirs, and trade winds. On ber urinal at Barbados s it appeared that ewaiainiali the bill of lading , was honed , as a Man of ' boalmaso• part of the goods stowed in the hold had shifted, and some de- • to apply to the defeetbuit's agent. a Mr. Lee, and either alle•Pa strayed by the working of the ship. The plaintiff's goods were or reject the sugars. It was admitted that the defendant could greatly damaged, and one bale of sail-cloth entirely destroyed. not impos e on the plaintiff an obligation to receive the sugars ; Upon the dili-,ery at Jamaica the loss was estimated at 531. I bat it was also contended, that lie was bound to give Indio* which sets the plaintiff now taught to recover. to Mr. Lee, that lie would not receive the cargo. in whirl case The question was, whether the lose was occasioned by bad Mr Lee would have known what to do with respect to the in package by.the plaintiff, or bad stowage on the part of the de- I service. resident. It was contended in support of the tosiiitirs case, The Jury foetid a verdict for the defendant. that there had been a bresc!, of the conditions of the Charter FRIDAY, Jas. IL Party, intoned' es the defendant had not conveyed the goods TYLER V. JONES, C.FSTLEMAN, to the port of destination with due care. The package of the The Solicitor General stated, that the plaintiff is a gentleinau geode at the plaintiff's warehouse was proved to be good. On i advanced in life, who by this action sought to recover a cons the part of the defendant the damage was solely attributed to penastion in dsnisges dm the negligent and unskillful conduct the perils of the sea, and the insecurity of the boxes containing . of the defendant in his profession of attorney, in that of taking the goods. invalid and insellicient security is • tran.aotion of annuity, The Jury. ander all the clrcomstalices, found a verdict foe wherein lie was employed and retsised on behalf of Mr. Tyler, the defendant. the plaintiff. Mr. Scarlett, for defend not, proposed the matter in dispute should be referred to some gentlemen out of court. This !mkt assented to, the Jury found for the plaintiff— Damages 1,0001. subject to a reference. remit, asviGNSE IL TODD. Mr. Marrysit stated, that this was an action of truer by the assignee of a person Jowled Sorden, a bankrupt, to recover the amount of 5001. in a bill of exchange drawn by the bankrupt, and accepted by a Mr. Stokes, of Hull. He should prove one act of hankraptoy within die knowledge of Todd, the defendant, antecedent to the date of this bill. It would likewise appear, that with knowledge of his insolvency, the defendant had caused the bankrupt to execute to him a warrant of &florally for the debt in questiou. Mr. Alexander Ludlow knew Mr. Benjamin Sltarp Sorden I witness was a small creditor, but boa released his debt to tha assignees. Sorden was • cornfactor and g I merchant at Hull. On the Ilth of July, 1821. be came to witoess's (laces; saw a person, like' country servant, oar a horse, which appeared to be bard ridden, stop at the office of Mr. gentian, an attorney, which he imniediately communicated to Mr. Snrdon. W hoes* thought it remarkable to see a horse so hardly ridden. all titer :rolls. Station observed it was Mr. Raiding is horse, and his man -servant, and he.sormilted that a writ had been conveyed by the party against him. Ile asked witness's leave to walk as far as his house to be out of the way. This was a mile end a quarter from the office. Wittiest thinks he west there with him. This might be from eleven to one in the morning. fie remained at the witness's house till past nine at night ; they dined together, and came to town in company in the evening ; witness's house is not in the body of the town ; he went to • flute is Trinity house•lane, kept by a Mimi Tickney, whose sister married the bankrupt's brat. er ; does not know what he went there fur ; witness saw him st Mr. Todd's *hop the next morning ; Todd is a ;Jour, m.d at that time kept a shop; wit oest sew Stamp the bailiff, pus the shop ; by mentioned it to Surdon, who immediately went to the back part of the house, to v Main witness had no access • witness went the next day to a meeting, held at Stamp the bailiff's hour ; Sorden was still in custody. Cross-examined by Mr. Scarleft.—Witness is a tanner, but lies acted a good deal as ell agent ; has been a bankrupt since 1821 ; has been in a good many sitsaations, such as a gentle man's steward, a broker, or commercial agent. Hannah Adams I Ted servant with Sorden, limns May, 1818, . . THURSDAY, JAR. 10. CRAWSIIAW AND OTHF.Rs V. HADES. JTr. Searlett stated that this was nn action of Ironer brought by the plsintitli, who were considerable iron-wasters, apittst the defendant, a earrier, to recut er a quantity of iron, which it was alleged the defendant bad converted to his own use. It was intended this iron should be sent to Birmingham, to be exchanged for a quantity of steel. The defendant having re eeited these goods to deliver to Hornlilower. of Birmingham, to whom they were directed, by the Paddington boat carrier, finding Hornblower's premises under an extent of the Crown, would not deliver them to him, but detained the iron on aocouet of a debt due to him by Hornblower, and for a lien for carriage sew set ep is defence to this action. Pie/mitre clerk preyed the delivery to the defendant. Mr. Horsblower proved the consignment to him of the ieee in question, which be did not receive. A letter, add d to the defendant, was bare put in, de- mending the delivery of the iron—also defendant's answer, claiming a lien. The value of the iron was estimated at 2001. Witness bad no opportunity of making the intended exchange far steel. Mr. Hunt, of Staffordshire, purchased the iron question of the defendant. Mr. blarryalt, for the defendant, contended there was no difference between • delivery of goods on sale soil • delivery on barter. as affecting the defendant's right of lies and stoppage is &maul*. Hobert Howe was clerk to Hnrnblower, and was present when ten tons of iron arrived on the 11th of February ; hoard some quantity was delivered at the wharf, but did not see it ; defendant was there, and was anxious to know what he should do. seeing Mr. Hurnblower'a premises in confusion ; witness said he could not act without Hornblower 's authority, but told him he thought lie Io d better bold the iron ; Mr. Hornblower had quitted the premises, and was absent. The Lord Chief Justice.—The questionisovbether this was e good delivery, end whether the defendant had a tight to bold t If here was an imperfect delivery, his Lordship (bought Horn blower's assignees bad no right to recover. One of the Jury.—The essignees, my Lord, perhaps will re turn the money received from defendant. The Lord Cider Justine—l am of opinion the iron sot having been weighed, and no receipt being given, that this wee no de livery, although landed uu the premises of Hornblower the bankrupt. the Jury, under his Lordship's direction, accordingly found far the plaintill—daninges 22111. Its. ltd. and costs.. ri.xliakvis e. GEYhN. Mr. Park opened the plendings. Mr. Scarlett stated that the plaintif went formerly by the scene of Siarlbuuhr, entering into partnership with others in the North Cornwell Hank—each partner wan to supply a certain quantity ot stock. The plaintiff supplied his part, hot t:.e de fendant and oilier purtii,rs Nord to comply with a bond giv. is for Wet purpose; and upon which this action was bron.,,lit to rimy er the penalty therein set forth of 12,11.61. and ad v &Hera amuuming to 5,1551. which were secured to the plaintiff by the hond in question. Mr. Thurston Collins. suliscrihing witness, premed defog• clant's eh. VIII ion of the hm.d. 'I he Jut a ve:Ciel for tie plaintiff fcr 5,11 M. to the time of his bankruptcy at Brigtingled ; his sister kept his house; witness was generally in the kitchen ; it he , ,swie mecca wiry to pass thrusgh his counting-house to the kitchen ; about July, Mt, he became en,bsvasseil in his ci,,•nmstauces, and told *Owes) he contd's , t pay his creditors, luiti desired witness to say, when they called, he was not within. hectAuse be paid he bed no money to pay thew ; witness's wages are *till dee, ten guinea►. Mr. Scarlett—Yon had better get the lea guineas before you give bather evidence. You would !No to hose your swages beetre yue say Any more? 1 be gniueas were here accordingly paid in sovereign, to the witness, who counted and put thou in her pocket. She pro ceeded with her evidence.] The persons who called were Christopher Ilartly, Mr. Alli son. and Mr. Harding. Rm.:Julien. bsokrapt's bring arrotted 0o the I!th or I ztlt of July ; the to credit. ra ass lit ore this. • - • ,-.,~ . . .0 - r . Cross-exlinined by Mr. Soclett itisess can lead am write ; what made her think he because emliarrassed was, be b e d sot moned i n pay his creditors. Is sure it was nut its Atignst ; it issia berme he o.is arrested ; wa, not etamine4l before the commissioners ; on Tuesday morning was asked about the story she bas told, not before. Mr. Wardle, at bailey, served her with the suborns ; did not tell her what was wanted. Witness's mistress had • letter the nest day, that her ma te► was arrested on aPt ids!. Witness nun liess• with his sister; has lived in the family nine years; wood Ia Sep ember, lent does nut recollect the day. Re asansisell by Mr. Campbell—Her 'sailer returned us the Sunday, and thinks he went away on the Tuesday ; the hunks were packed op MO nut to his sister's; the goods of 16d bankrupt were taken under Todd's execution in the beginning or August; she had denied him • month before this. The clerk to Stolen. or /lull, produced the bill. Sir. Scarlet' submitted, he should prove Sorden was in credit after this time; and had hills dis.mented. If the Jury believed this young woman be would not midland further. The Lord thief Justice ooneerred with tie Jury list Limn was no reason to doubt her evidence. Veislict fur dm plaintiff—Manages SOM. and coals. O. PRART. This was aa action on two policies of innocence, on the. ship Willits and Mary, at and from RS Janeiro. to Movie Va 1.... Valparaiso, in the Soullllomm, aid theism. to &trope. The ship sailed to Mosta Video, and performed her voyage to Valparaiso, where else took in a cargo of copper. NW lbe sailed with her lading, she encesentered had weather, and was misspelled to Morn in a shattered state to Valliant's. 'Dm Coptsla then turd the eldp repair: J, and the owners might now to resent 6 partial toter It was contended on the part of the Underwriter*, that the ship was not sea-worthy. Her construction was 'mid ho be too weak to carry a cargo of copper. Upon a y, the keekon was found started, mad other damage done, which was raid to be occasioned by tho pressure of the mapper. The plaiutilf met Ike case on the lost of the I,iiiderwriteia, by proving that the ship's inability to return to Logland was the result of her bad state and condition when ahe railed from Rio Janeiro. The Jury found a verdict for the plaintiff.— Damages 4001. SECONDARIES' OFFICE, COLEMAN STREET. FitillAY, JAN. 17. PARI. e. PoWI , II. AND WHITE. A Jury was sumnionA to &see...damages in a ease of assentt and false itnprienement. Mr. Platt Soled that the plaintiff was a naval officer, and that he had suffered the indignity of en a I wittiest cause, at the hands of White, a Sheriff 'a Sheer. The other defend ant was High Sheriff of the roomy of Kent, and was included in the actico on account of his respectability for the conduct of White es an Slicer. Sarah Holt, Atrllllollo the plaintiff's mother, Mated that this defendant White knocked at the dour of bcr mistress's. house, one night in October, at Situter's-hill, and the plaintiff opeto .1 the kitchen window to are who was there ; White Inimeilietely aired him by the collar. and said he knew him to he Mr. B— the law,ee. Witness said he was Mr. Ear, but White di egged Lim orcr the table end out of the window. and refaced to let him go round hy the door; the ... , riety. wag not •ialent. Mr. Earl was els..ent Ginn 11w house about an hour ; Mr. B was in the house at the time. George Farthilig, a waiter, stated, that he skewed Mei. Earl's cottage to White, He told White that the plaintift was Mr. 11. but afterwards told him it was a mistake. White. however, bell Mr. Earl in custody upon • .oth. The Secondary charged the Jury. that the plaintiff sustained no damage, mid that their verdict must be decided by that fast. Damages M. __imiormarsomo FATAL ACCIDaIIT.--On Ntionifae ;or lass, as the coach that ruin I ants Too. Flees Street, L011(11111. WAS lllTlCeelling at its mold, pace ili.sest the declivity just beyond Ilitheastins House, it came no contact with the wheel of a cat, in cons , triesice of i.e caner drawing the horse across the road, and backing the e. hide against the fore-wheel of the coach, by which the po'e wit Woken, and the coachman thrown down be:weees the horses, whets the wlwei went over his leg, which, howcwer, was slot 'woken. There were Iwo otalsole passengers, one ins The lure, and the other Oil the nail; the. Muster because i!artsted at !us perilous situation, and instantly a:tempted to leap from his seat ; but oat slissu ales' by hi, emitpattion, who held hint by the coat for some time, till at length he fell or jumped 1111W11, Ind was moonlit' itely killed nn the spot, twits; dislocated his neck 1 Toe coach went sin to the next turnpike (within V(k) yams), when Ilse Ituri.er flop i bed. and she Selllaillder 01 then p wing. lb esealltil without ill. jll,yl 11 v comprised four insides, with the outside p , s,engets Amer alluded to. The manse of the *info,. notate ileceJscd was Mr. Webb, a sack•inniufacturcr, at Abits:oloss, in Brrk.hire. I)rATR or Foci Faftil•)111/1 ST FOIIIOIIV-0 t the museum:4 of Tuemlay, the 7.11 inn. shoos Owe o'clock, the teeighlxstirhond of St. Georges (tool, Manchester, was alarmed by ?Ise cries of .• mottles" isemoy I a I e its Pilling s-bilidiittg., close so Mr Lary's Om Halo coach proprietor) stables; 1111 the watchmen and others appro.selsosg the lonise, they were informed that a iititisber or permits old been prosoited ; and, on en. tern( they room' two Iserso n dead, and lour others sum:Kling in the agonies of death. Nleilical assistance WAS procured as /.01111 at possible, but two ol Ilse linger. tug solier.rs ti ed in a short time—llse frosai ii iii • Iwo. is Is expteted, will rceiseer, though they ate new its a %cry Lutgitedinig state, Irons the effects of the poison.— Tue i iiiii all'. Of shL' I se were a man, his wi:e, and 111(4 anti ; with a v Mill and three wninvii lodgers. Tor poison is supposed to hare been it with Ilia water used for cid nary pisr..mes, as all who to nook of the water ingwrieureil Its shin s.. Our lodger only ei iH Well (a mulc), ant I she is • isi custody on suspicion of adttlintstered the ile.idly dose. MIDDLE4XX 110USIS of CuItRtCTION. COLDBATIX. PI kLDII.-0 Tllistmlay aoi•itoritksi mecteisaall the m.,v.•str Muddiest X Was hrlil al ihr S. s..ions.hoove. (Arlo rowel!. ho 'or purpose of pria ediusg on ow el e. lion 01 61 G , v.itior Di (701.16 J ;I, ..j C•orre. in the rooms' of ihr I Mr A•lk , ll{, 3111 011 e/1,0. In¢ up the vote, thr l her{ wer• --NI rVek ry 410. Mr. Fe:mil:l%l ef.l, Nlr. Field 24 11r. ' u •. II I Nlr. V:cl;,r) toll7se. tittia - zti dti:) ct. J.