The National Register. — London, England, 1821-03-05 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH. MONDAY, FEB. 26. CROWTHER, B. 110PAGOOD AND ANOTHER. Tills was an action by Win. Crowther, the younger, aftainst the assignees of Win. Crowther, seinor, to recover a certain suits 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, he had committed an act of bankruptcy. The acts of bankruptcy relied nit were, that he had evaded paying the sum of 41. due to the Abbe tie ; and al.condlo, that in Nov. 1815, he left this country and went to America, to avoid pay ment of his creditors. It was proved, that Mr. Crowther hail refused to pay th - s money to the Abbe de Rufigni, and that ill edinsi qttence of such refusal the Abbe issued process against hiiu, and that the oflizer went to the house of Mr. Crowther, jun. with sellout his father had been residing, on the 15th November, 1815, and en quired for hint. He was answered by Mr. Crowther himself, who said, Mr. Crowther was gone o u r, and had been gone for four hours ; and that on the same day lie did leave town, went to Northfleet, where he %vein to the house or Melt. 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 prose these facts. Om the part of the 1,1.61;611 . 4 was contended, that Mr. Clowther had Ileyet committed any act of hankrtiptey ; that his resistance to paying the Abbe de Rtifigni arose of of a dispute between them ; that as to his goitig abroad, that was a eireemStatlCe Will-known to the public, as well as Its object. That it was puld:cly known he had received an order limn Chrisioplie, the late Emperor of Hayti, for a set of carriages, the most splen did that could be built, amodintiii,, ,, in value to upwards of eight thousand pounds: that the carriages were pub licly sliewit at his shop, previously to their being sent, and that the day of their being put on board it ship was publicly put in the newspapers. That he went with the Carriages to St. Dontitigdi, unending to deliver them to the II aytia Nlintarch, 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 bins to take payment for what he received in coffee and sugar, at a price fixed on thein by the Hay tian government. Tins act of tyranny obliged him to go with the rest of his venture, and delayed his return to tills country, and not any Intention 01 evading his Cre ditors, or delaying the recovery of their deb.s. The Jury found a verdict fOr the plaintiff for 41. 4s. PHILLIPS, V. REATHERLEY. 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 Hox ton. In that situation she was visited by her friend, the defendant, who consulted with Dr. Rees upon getting her liberated. The plaintiff was employed for the pur pose, and upon proofed' her sane state of Wind, and ap plication 10 a Judge, she was set at liherty. Tao letters written by the plaintiff to Mrs. Dewsley, and a third, including his account for business done, were put its and read, by which it clearly appeared that the plaintiff had been employed. The only question seemed to be, whether the defendant, Mr. Weatherley, had given the oiler to proceed. Dr. Rees stated, that he had had an interview with 11 , 1 r. Weatherley, for the purpose of proctirdy, the liberty of Mrs. Dewsley, and that the defendant mentioned Mr. Phillips as the legal gentleman to be employed on the occaion. lie also said he would pay fur 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 demand, subject to a reduction of three guineas. The Jury were discharged, and the Sittings after Hilary ern' at Westminster finished. WEDNESDAY, MARCH 28. ANDREWS, V. GEDGE AND OTHERS. The plaintiff, who is the proprietor of a drug ware. house in Sun -street, Bishopsgate-street, brought his action upon a policy of insurance subscribed by the Di rectors of the National Union Insurance office, to reco ver a partial loss sustained by a fire which happened upon his premises. The Insurailee was not upon fur ulnae, but stock its trade. The Policy was effected on the ed of September, 1819. The defendants had tome pleas, but abandoned all except the third, which set forth hat the plaintiff hail hay and straw ite a cellar below the premises, not de• scribed or communicated lodic InsuraticeOflice, in con sequence of which the risk was increased, and the de fendants were released from liability. It appeared from the evidence, that whilst Mr. Au dress's was out of town, his female servant, Susannah Aston and Byrne, his man, were alarmed by smoke issuing from the joints of die floor, which at last broke out in fLmes. It was supposed else hay and atraw in the cellar took fire by a spat k accidentally falling amongst it. Byrne swore positively, that when Mr. }bullish' (the recently dismissed Secretary to the Norwich Union) who was the founder of the National Union Fire Otlice, and also a Director of the said Company. Weill to inspect the premises previous w the policy being t fleeted, he went into the cellar. A light was carried by Byrne. and Mr. Bignold had an opportunity of seeing the cellar, aud what it cmitained. Another witness also deposed, that he saw Mr. Big nold, on that occasion, standing on the cellar stairs. Mr. Serjeant Vanglian, who stated the case for the elaintiff, said, if this office, formed under the happy sespkes of Mr. Bignold, in 1819, was desirous of ex tending this branch of insurance, he would advise them not to urge the defence they had set tip its this case.— There was uo pretence fur resisting the palulcut of the THE NATIONAL REGISTER sum insured, more especially as Mr. Ni,nold himself inspected the premises when the insurance was effected. Mr. Serjeam the defendants, undertook to make out, that the circumstance of a cellar being tinder Mr. Andrew's pr , anises, was unknown to the Office.— He should call Mr. Haploid, who would prove that lie did not see any cellar at the time he inspected the pre mises. flue case would rest on the crew t due to Mr. llignold's testimony, opposed to that of the plainnit's WIIICSScS. . . . Mr. llignold was then called. Previous to his exami nation in Chief, Serjeatit Vaughan put a few questions to try whether he was an admissible winless. He said he was the founder of the Institution, and a director. Ile had a premium on all money supplied by cacti member. If a person insured at the office, he had a per ceutage 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.—lle deposed, that he inspected the Flaintes premises a few days before the police was effected. Ile went over the warehouse with \lr Audrews, but did not go into the cellar. lie did not know there was a cellar. Tin: evidence of Byrne, simlng that. he 1001 i a light to shew him the cellar was fake. _ . L'ross-examined by Seijeant Vaughan. Ilis memory was as good as ever It was. He went Mr the express pur pose of examining what the premises were, that were to be insured. Ile did not see Byrne, neither had he any recullec , ion of his carrying a light. There was no light brought. He could not swear Byrne was not there. He did not remember standing on the steps of the cellar could swear yi the best of its 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 tip, that they were satisfied, and found a verdict for the Plaintiff damages The Chief Justice said the Learned Counsel for the plaintiff, in his opinion, had given the Company good advice. ANDREWS V. ELLISON AND OTHERS. Th swas an action between the Sallie polite!. The plaintiff sought to recover upon another policy. The defence was, that there had been a misrepresenta tion of the premises, and the risk treater titan the plain till hail insured. Verdict for the plaintiff. • We are credibly informed that in the died of settlement of the Nat al Insurance Society, there isa clause (pro. inised by himself) by which Otis genneman is hauled to a clear 10 PER CEVII/11, not on the profits of the enntel n, not on the premium•,les the ex penres nail lasses incurred, but urom THE ISROIS •MOUNT OF •44 THE PREMIUMS RECEIVED. The MODESTY ot this man st ill surely bet ome proverbial, Ed. COURT OF COMMON PLEAS. MONDAY, Mt. G. DiegensoN V. GAP. This was an action upon the wariamY of a horse.— The plaintiff complained that, having purchased a horse from the defendant, who is a livery stable keeper, he the defendant, warranted Inni sound, and to have been got by Cheshire, (a celebrated thorough-bred horse lineally descended from tile great High-flyer) wnereas it turned out that his sire was a horse called Neptune, whose Wood was not so pine, that of his great fp:m.l34e having been crossed by the draught breed. A receipt was given in evidence by the plaintiff, tw•orded in this way—" Received from—ackensott tool., the liney of a uay gelding gut by Cheshire, war ranted sound." It was objected on the part of the defemlant, that it was no part of the warranty that the horse was got by Ctieshue. That was were deception, after w hich came the warranty, which only applied to soundness. To entitle the plaintiff therefore to thing an action at all, he inust show that the defendant had knowledge of the falsehood of his representation, %% he ti he stated the horse to have been got I,y Cheshire, and then the action should have been " deceit." After the point was argued by counsel on both sides, . . 11,s Lordship held the objection to be good, and non tumid the platutitl. An inquisition was taken on Wednesday at the Penton Arms, Pentonvife, bethre Thos. Stirling, Esq. Coroner, on the body of Jane Scott. The deceased was taking care of a gentleman's-house in Winchester-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 the Jury were of opinion that she died by the visi tation of God, and returned a verdict to that effect. On Wednesday moining, about three o'clock, as a waggoner in the employment of Mr. Rowland, a paper-manufacturer, of Link% orth Mills, near Guildford, was cooling down Robin flood-hill, near Kingston, he fell off the waggon, being as is sup posed asleep at the time, and the wih.e.s passing over his body, killed him on the spot. AWFUL b. VENT.-•—A family, conistin , r of four persons, a man and wife, and their son and:laughter, who resided in Lawsuit's ‘Vynd, Mut of Sheriff Brae, Leith, were observed by the neighbours to be later than usual in opening their dour on Friday morning ; it was Lroken open. and it was discovered that all, except the old woman, were lifeless, and she in a very weak state. The melancholy ca t as• trophe is supposed to have arisen from injur iou smoke, the vent having little or nu draught, and 11 windows and doors having been closely shut up. 7r Within the space of ten days. Mr. Stirling, the Co toner, has takati no less than three inquests at Hayes, Middlesex, the first was taken on Wednesday, the 14th lust. up o n a poor boy, about ten years of age, who was suffered alone to drive the horses round in Mr. Joyn son'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 ccrn pletely scalped. Verdict, " Accidental Death." On Sunday the 18th, the coroner held a second inquest on an elderly widow, of the name of George, who went to bed apparently in good health, on the Friday 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 tile p arish, on Saturday the V 4, 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 pre=sent on the constable, who in return denied it; high words arose, and Sense'ss was induced to strike one of the party, when they all cried " turn him out, turn hint out!' Th.- consequence was, the person who was struck took hint in his arms with the 'mention of turning Isim our, when its passing the door his foot tripped, and they boils fell out together (Scrivens un dermost). Nobody I.new at the nme he was hurt its the least, for he held a conversation for about a quarter of an hour, and then walked home, and refused in be bled till the Friday following, when it appears en in flammation had taken place on the chest, which increased till two o'clock on Thursday morning, when he expired. The surgeons, on opening die body, found three ribs broke, one of which pre-sed on the lungs, and • which no doubt hastened his death. The Jury met at the White Hart public-house at eleven o'clock on Sa turday morning, and did not return their verdict until - past time in the evening, which was Accidental Death. • —The poor mats has left a wife and five children. • On Saturday se'intight, between two and three o'clock in the morning, a perfectly new house (toe property of - John Cator, Esq ) at Wood Bastwick, in Norfolk. was discovered to be in fumes; 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 snot for the purpose of rendering assistance, the whole of the interior in the building was consumed: the walls • alone being left standing. A bans 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 assail quantity of wheat lodged therein. A spirit of revenge towards Mr. Crowe, of Bale, in Norfolk, has skew!' itself in a most shocking man ner. On Saturday morning, the 17th, two beasts were found dead by poison in NIL C.'s yard. Two others were in such a hopeless condition, that it was deemed advisable to cot their throats to put them out of their misery; another died on Monday morning, and two remain in a very doubtful state. The poison (corrossive sublimate, it is su p posed,} mixed op in small pieces of dough, was put am o ng the barley meal and cut hay in • the bins. The beasts were worth about 141. or 151. 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 person of Mr. - Thurtell, the particulars of which have been before de tailed. I t appears that the apprehension of these persons, - together with another man, arose from the voluntary confession of a man named Smith, who was apprehended in the night of Thursday, the 15th uh. by W. Palmer, the game-keeper of the Hon. Mr. Primrose, on a charge of having committed a burglary its the dwelling-house - of Mr. Meek, at Framingham Pigot. Smith in his • conlession stated, that he, in company with two men and a woman, whose persons he described, had robbed Mr. Thunell of !boot between eight and nine o'clock one et eniug about three weeks before, and this state• meat he made at different Ames in the presence of set era! persons, and gave such particular information as to the robbery and the pocket-book stolen from Mr.- Tiontell, and particularized sonic drafts that were its it, . as left no doubt upon the 'Mud of several persons, shat he was concerned in the theft. In conseoueircis an examinatiou took place before seseral Magistrates-of the city, whets Smith finding, as it is apprehended., that he • could nut be exonerated Irons the burglary, refined to give effect to his former confession. The ot h er two men and the woman, against whom there appeared no ground of suspicion, were accordingly discharged, and Smith was committed to the Castle for further examination on the charge of the burglary; and it is believed that a detaitter will be bilged against hunt fur Mr. Thortelt's robbery, it being held that a 111311 ' d COHICS3II O II • is good against osell, although nut sufficient so impli cate hers.—Sorwich Courier. _ _ . An alarming tire broke out on Sunday night in the house of Mr. Gibbous, carpenter, of Marylellone lane, which involved the whole neighbourhood in the greatest contusion.—lt originated in the lower part of the house, during the absence of the titunly, 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 neighlmurhood ; the inhahitants were running in every direction with their furniture to places of safety. In a short time the Royal Exchange, anti several other engines arrived on the spot. After the lapse of several hours, the flumes were got under, the whole at' the premises, with the property; being a complete muss of ruins. Thursday, a child, aged only two years, the son of John Collis, a carpenter, at Ilorndean, while its mother's back was momentarily turned, applied its -mouth to the spout of a tea-kettle tilled with boiling miner, and moving it, poured such a quantity down tits throat, that, after lingering till live o'clock its the evening of the saute day, he died.