The National Register. — London, England, 1821-03-04 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH. MONDAY, FEB. 26. CHORINES, O. HOPAGOOD AND ANOTHER. 'Otis was an action by Wm. Crowther, the yotmger, against th.e assignees of Wan. Crowther, senior, to recover a certain sum as the rents of certain premises assigned to hint by his father. The assignees refused payment, on the ground that, previous to the assignment from Crow ther, the elder, to the present plaintiff, hehad committed an act of bankruptcy. The acts of bankruptcy relied on were, that he had evaded paying the sum of 41. due to the Abbe de Rufigni ; and secondly, that in Nov. 1815, he left this country and went to America, to avoid pay mem of his creditors. It was proved, that Mr. Crowther had refined to pay this money to the Abbe de Rufigni, and that in consequence of such refusal the Abbe issued process against hilts, and that the of fi cer went to the house of Mr. Crowther, jun. with whom his father had been residing, on the 15th November, 1815, and CH. mined for him. He was answered by Mr. Crowther himself, who said, Mr. Crowther was gone out, and had been gone for four hours ' • and that on the same day he did leave town, went to Norilificet, where he went to the house of Al r.R. Sandon, and on the following day went on board a ship and sailed for St. Domingo, not returning for eighteen months. Several witnesses were called to prove these facts. On the part of the plaintiff it was contended, that Mr. Crowther had never committed any act of bankruptcy; that his resistance w paying the Abbe de Rufigni arose of of a dispute between them ; that as to his going abroad, that was a circnnistance well-known to the public, as well as its object. That it was publicly known he had received an order from Christophe, the late Emperor of Hayti, for a set of carriages, the most splen did that could be built, amounting in value to upwards of eight thousand pounds : that use carriages were pub licly shewn at his shop, previously to their being sent, and that the day of their being put on board a ship was publicly put in the newspapers. That he went with the carriages to St. Domingo, intending to deliver them to the Haytian Monarch, and to return immediately, and should have done so, but on his arrival at Hayti the Emperor received the carriages, and such other parts of the order as he thought proper, but refused the rest, obliging him to take payment for what he received in coffee and sugar, at a price fixed on them by the Hay tian government. This act of tyranny obliged him to go with the rest of his venture, and delayed his return to this country, and not any intention of evading his cre ditors, or delaying the recovery of their debts. The Jury found a verdict for the plaintiff for 41. 4s. roixtars, v. WIATHENLItY. This was an action brought by the plaintiff, an attor ney, to recover 381. and a fraction, for business done by desire of the defendant. The ,evidence proved that a Mrs. Dewsley had been placed by her husband in Mr. Pell's mad-house, at Ho:- um. In that situation she was visited by her friend, the defendant, who consulted with Dr. Rees upon getting her liberated. The plaintiff 1% .s employed for the pur pose, and upon proof of her ,ate state of mind, and ap plication to a Judge, she was set at liberty. Two letters ritten by the plaintiff to Mrs. Dewsley, and a third, including his account for business done, were put iti and read, by which it clearly appeared that the plaintiff had been employed. The only question seemed to he, whether the defendant, Mr. eatherley, had given the utter to proceed. Dr. Rees stated, that he had had an interview with Mr. Weatherley, for the purpose of procuring the liberty of Mrs. Dewslev, and that the defendant mentioned Mr. Phillips as the legal gentleman to be employed on the occaion. He also said he would pay for the opinion of counsel. • The Learned Judge was of opinion the plaintiff's case was proved, and The Jury found a verdict for the plaintiff's dempd, subject to a reduction of three guineas. The Jury were discharged, and the Sittings after Hilary Term at Westminster finished. WEDNESDAY, HAREM 28. ANDREWS, V. GEDGE AND OTHERS. The plaintiff, who is the proprietor of a ding ware house in Sun -street, Bishopsgate-street, brought his action upon a policy of insurance subscribed by the 1)i -rectors of the National Union insurance oflice, to rev). ver a partial loss sustained by a fire which happened upon Ins premises. The Insurance was not upon fur niture, but stock in trade. The Policy was effected on the 2d of September, 1819. The defendants had three pleas, but abandoned all except the third, which set forth that the plaintiff had hay and straw in a cellar below the premises, not dt• scribed or co ttttt mnicated to the I usurance Office, in con sequence of which the risk was increased, and the de fendants were released front liability. It appeared from the crick vce, that whilst Mr. An drews was nut of town, his female servant, Susannah Aston and Byrne, his man, were alarmed by smoke issuing from the joints of the floor, which at last broke out in flastres. It was sonosed the hay and ~craw in the cellar took fire by a spark accidentally falling amongst it. Byrne swore positively, that when Mr. ili 4 nold (the recently dismissed Secretary to the Norwich Union) who was the founder of the National Union Fire Office, and also a Director of the said Company, went to inspvci the premises previous to the poticy being effected, he went into the cellar. A light was carried by Byrne, and Mr. Bignold had an opportunity of seeing the cellar, and what it contained. Another wi.ness also deposed, that he saw Mr. B. mild, on that occasion, standing on the cellar stairs. Mr Serjeant Vatighati, who stated the case for the laintitt, said , it tills office, limited under the happy euvices of AI r. Bignold, in 1819, was desirous of ex tending this branch of insurance, he would advise then. not to urge ii:e defence they had set up in tilts ease.— There Was uu prete n ce fur re•zisiing the pa; uncut of the THE NATIONAL REGIST'EN. sum insured, more especially as Mr. Bignold himself inspected the premises when the insurance was effected. Mr. Serjeant Pell, for the defendants, undertook to make out, that the circumstance of 4 ce:lar being tinder Mr. Andrew's premises, was unknown to thc Office.— He should call Mr. Bignold, who ttould prove that he did not see any cellar at the time he inspected the pre mises. The case would rest on the credit due to Mr. Bignold's testimony, opposed to that of the plaintiffs winesses. Mr. Bignold was then called. Previous to his exami nation in Chief, Serjeant Vaughan put a few questions to try whether he was an admissible witness. He said he was the founder of the Institution, and a director. lle bad a premium on all money supplied by each member. If a person insured at the office, he had a per centage on that insurance.* He had no advantage in this suit. It made no difference to him, whether the defendants gained or lost it. Examined by Serjeant Pell.—He deposed, that he inspected the plaintiffs premises a few days before the policy was effected. He went over the warehouse with Mr Andrews, but did not go into the cellar. He did not know there was a cellar. The evidence of Byrne, stating that he took a light to shew him the cellar was false. Cross-examined by Serjeant Vaughan. llis memory was as good as ever IL was. He went fur the express pur pose of examining what the premises were, that were to be insured. lie did not see Byrne, neither had he auv recollection of his carrying a light. There was no light brought. lie could not swear Byrne was not there. fie did not remember stonin; on the steps of the cellar —He could swear to the best of his knowledge that he did not know there were such steps. Mr. Serjeant Vaughan, in his reply, called upon the Jury not to let this case stand upon the evidence of one witness opposed by two. The Jury stated, before the Learned Judge proceeded to sum up, that they were satisfied, and found a verdict fur the Plaintiff damages 1591. The Chief Jmtice said the Learned Counsel for the plaintiff, in his opinion, had given the Company good advice. ANDREWS V. ELLISON AND OTHERS. Th's was an action between the same parties. The plaintiff sought to recover upon another policy. The defence was, that there had been a misrepresenta tion of the premises, and the risk greater than the plain tiff had insured. Verdict for the plaintiff. • We are credibly informed that in the deed of settlemeat of the Ntilioll4l Insurance Elotiery, there b a clause (pro posed by himself) by a hick this gent/sawn is intitled is a clear 10 rsa CW4IIIII, not on the profits of the concern, not on the premlums,less the ei pence* and losses incurred, bet user TUE GROSS ♦MOUNT OV ALL TSB PREMIUMS RISCRIVID. The NuDeATY of ibi► man will surely become proverbial. kW. COURT OF COMMON PLEAS. MONDAY, ter. 26. DICKENSON V. UAP. This was an ajtfanuimntheWlll4.;nty of a horse.— The plaintiff complained that, having purchased a horse from the defendant, who is a livery stable keeper, he the defendant, warranted him sound, and to have been got Ly Cheshire, (a celebrated thorough-bred horse lineally descended from the great High-flyer) whereas it turned out that his sire was a horse called Neptune, whose blood was not so pure, that of his great glandsire having been crossed by the draught breed. A receipt was given in evidence by the plaintiff, worded in this way—" Received from—Dickenson fool., the price of a bay gelding got by Cheshire, war ranted sound." . . _ It was objected on the part of the defendant, that it was no part of the warranty that the horse was got by Cheshire. That was lucre deception, after which came the warranty, which only applied to soundness. To entitle the plaintiff therefore to bring an action. at all, he must show that the defendant had knowledge of the falsehood of his representation, when lie stated the horse to have been got by Cheshire, and then the action should have been " deceit." After the point was argued by counsel on both sides, His Lordship held the objection to be good, and non suited the plailtitt. An inquisition was taken on Wednesday at the Penton Arms, Penton die, before Thos. Stirling, Esq. Coroner, on the body of Jane Scott. The deceased was taking care of a gentleman's-house in IVincliester-place, which was to be let, and in which she slept by herself; and where she was found by her niece in the morning lying dead on her bed.— There were no marks of violence on the body, and ►he Jury were of opinion that she died by the visi tation of God, and returned a verdict to that effect. On Wednesday morning, about three o'clock, as a waggoner in the employment of Mr. Rowland, a paper-manufacturer, of (Ail% orth Mills, near Guildford, was coming down Robin Hood-hill, near Kingston, he fell MI the waggon, being as is sup posed asleep at the time, and the wheels passing over his body, killed him ou the spot. - - AWFUL LVENT.—A family, consisting of four perstms, a man and wits, and their 6011 and daughter, who resided in Lawsuit's Wynd, foot ut . Brae, Leith, were observed by the neighbours to be later than usual in opening their door un Fiiday morning; it was broken open. and it was discovered that all, except the old woman, were lifeless, and she in a very weak state. The melancholy catas trophe is supposed to have arisen from injurious smoke, the vent having little or no draught, and the windows end doors having been closely slitiL 71 Within the space of ten days, Mr. Stirling, the Cc- Inner, has taken no less than three inquests at Hayes, Middlesex, the first was taken on Wednesday, the 14th inst. upon a poor boy, about ten years of age, who was • suffered alone to drive the horses round in Mr. Joys). sou's threshing machine, when he was caught by the clothes in getting too near the second wheel, and killed instantly, his skull being fractured, and his head com pletely scalped. Verdict, "• Accidental Dmth." On • Sunday the loth, the coroner held a second inquest on an elderly widow, of the name of George, who went to bed apparently in good heahh, on the lkitlay evening, and was found dead by the side of her sister in the morning. Verdict, " Died by the visitation of God." The third inque t was on the body of Rich. Scrivens. constable of the parish, on Saturday the 24. h. He had attended the inquest ou the boy on the 14th; after which a dispute arose concerning a shilling which was missing from the table, and which was charged by the company present on the constable, who in return denied it ; high words arose, and Scrivens was induced to strike • one of the party, when they all tried " turn him o u t, - turn hint out!' The consequence was, the minion who • was struck took hint in his arms with the intention of turning him out, when in passing the door his foot tripped, and they both fell out together (Scrivens un dermost). Nobody ' , new at the time he was hurt in the least, for he held a conversation for about a quarter of an hour, and then walked home, and refused to be bled till the Friday following, when it appears an in- - flomination had taken place on the chest. which increased till two o'clock on Thursday morning, when • he expired. The surgeons on opening the bodyy• found three ribs broke, one of which pressed on the lungs, and % which no doubt hastened his death. The Jury met at' the White Hart public-house at eleven o'clocit on Sa turday morning, and did not return their verdict until • past nine in the evening, which was Accidental Death. —The poor man has left a wife and five children. On Saturday se'nnight, between two and three o'clock in the morning, a perfectly new house (the property of John Cator, }:sq) at Wood Bostwick, in Norfolk. was discovered to be in flames; and so rapid was the progress of the destructive element, that before any of the inhabitants of the village had time to repair to the spot for the purpose of rendering assistance, the whole of the interior of the building was consumed: the walla - aione being left standing. A barn at a short distance from the house was-set on fire by the burning flakes, - carried , by the wind,-and -was totally-destroyed. together. with a-small quantity of wheat lofted therein. A spirit of revenge towards Mr. Crowe, of Bale, in • Norfolk, has 'hewn itself in a most shocking man- - tier. Ott Saturday m g, the 17th, two beasts were found dead by poison in 11Ir. C.*. yard. Two others were in such a hopeless condition, that it was deemed • advisable to cut their throats to put them out of their. misery; another died on Monday morning, and two remain in a very doubtful stale. The poison (cornissive sublimate, it is supposed,) mixed up to small pieces or dough, was put among the barley meal and cut hay in • the bins. The beasts were worth about 141. or 151 s each. • Nothing has yet transpired to lead to a discovery. Two persons were apprehended on suspicion of having been concerned in the robbery upon the persone*Mr. • Thurtell, the particulars of which have been before•de• tailed. It appears that the apprehension of theurpmeone, . together with another man, arose from 't;te.voluntary confession of a man named Smith, who was apprehended in the night of Thursday, the 15th ult. by M Palmer, the game-keeper of the Hon. Mr. Primrose, on a charge of having committed a burglary in thodwelling-house of Mr. Meek, at Framingham Pigobs Smith itr his confession stated, that he, in company wish two men and a woman, m-Med whose persons he de, had robbed Mr. Thunell of ISM. between eight-and nine o'clock one evening about three weeks befell*, and this state ment he made at different -titnevin the presence of • several persons, and gave such -particular information • as to the robbery and the pocket-book stolen front Mr. Thurtcli, and particularized some drafts-that were in it, as left no doubt upon the mind of several persons, that he was concerned in the theft. In consequence an examination took place before several Magistrates of the city, when Smith finding, as it is apprehended. that he could not be exonerated (rain the burglary, refused to • give effect to hie former confession. The other two men and the woman, against whom there appeared no groun4 of suspicion, were accordingly discharged, and Smith was committed to•ths Castle for further exonsiisation on the charge of • die burglary; and it is believed that a detainer will be lodged against 111111 fur Mr. Thurteles robbery, it being held that a mates voluntary confession is good against hernia, although not sufficient to impli cate Olher3.-NOYWiCh CeUrier. An alarming tire broke out on Sunday night in the houge of Mr. Gibbons, carpenter, of Marylebone lane, which involved the whole neighbourhood in the greatest confusion.—lt originated in the lower part of the house, during the absence of the family, and was not discovered until it arrived at an alarm ing height, when the flames burst from the windows with considerable fury, and threatened destruction to the neighbourhood ; the inhabitants were running in every direction with their furniture to places of safety. In a short time the Royal Exchange, and several other engines arrived on the spot. After the lapse of several hours, the flames were got under, the whole at the premises, with the property, being a complete mass of ruins. Thursday, a child, aged only two years, the son • of Jobn Collis, a carpenter, at Hoindean, while its mother's buck was momentarily turned, applied it; mouth to the spout of a tea-kettle tilled with boiling water, and moving it, poured such a quantity down its throat, that, titter lingering till five o'‘loek az the eve -, ;ng of the s , inte day, he died.