The National Register. — London, England, 1820-12-25 00:00:00

LAW INTELLIGENCE. ...0M... COURT OF KING'S BENCH, MONDAT, DEC. 18. HODDER V IIAYLER, This was an action for work and labour. The plain tiff is a bricklayer. and the plaintiff's demand was fOr the balance of an account delivered by the plaintiff, fur carting 50,000 brick'. from the brick-yard al Fulham, in defendant's residence at Brixton. From the evidence it appeared that the original order for carting the bricks in question was given to a person named Champnies, who was failing into difficulties, ►wade over his bust Ilesth to the present plaintiff, whose cart and horses were afterwards employed in carrying the defendant's bricks, though they were still di:lir:red iu Cliampities' name. Sums bad been paid from time to time to Chantimies, all of which, except eleven guineas, the plaintiff was ready to give the defendant credit for, but this sum it was alle ged, had been paid the defendant by Champities, sub sequent to his having notice from the plaintiff that lie was doing the work. Witnesses on both sides were examined to this fact, and the Jury found a verdict for the plaintitf—Datnages, 11/ I Is. magma& D. ING, AND ♦NOTHER. This was an action upon a note accepted by the de fendants jointly, for 301. and mark payable three months after the date with lawful interest. The case etas only important from the nature of the defence. The note was accepted upon a half-crown stamp, which the last gen ral Stamp Act makes suffickut for a sum not exceeding 301. Mr. Chitty objected to the stamp, on the gronnd that it was not good and sufficient fur the nate and interest. The cote upon the face of it purported to be a contract by which the defendant agreed to pay more than 301.- Ihe plaintiff could not demand the sum until three months alter the note was accepted, Wien the principal and interest would amount to Jot. 7s. 63. That being the fact a two shilling sixpence stamp was not suffittient. Mr. Comyng for the piaintiff contended, in answer to the objection, that the stamp was good and sufficient, inasmuch as the sum was no more th:u► 301. when the note was accepted. He was surprised he said, to find his learned friend make this objectioa, because Mr. Chitty, in bit own book of Pries CaSe3, hail re ported a case in which a similar objection was taken by the Atorney-General and decided against hint. The Court in that case held that interest could not be con sidered any part of thu sum fur which a Bill of Exchange is given, but money growing or accruing after the hill is accepted. Mr. Chitty in reply said, the most able Judges at Nis- Priva had frequently had occasion to revise their decie stouts, and feeling the objection he had made to have considerable weight, he prayed the. Judge would reservt the point. in order that he might mute upon it ilex Term to enter a nun-suit Mr. Justice Holroyd observed, that interest on a hill of exchange was a mere appendage. He had no doubt upon the point himself; but he was willing to let the Learned Couns.:l do the best he could with it. He should reserve it. The hand-writing of the acceptors of the note was then proved, and the Jury found a verdict for the plain tiff.-I)athages3 which included the interest. TUE.DAY, DEC. 19. Sitting; before Judge Dallas, at Guildhall. IMPORTANT INSURANCE CAUSE. /STERN ANP CO. V. THE DIRECTORS Or THE PHOENIX PIRA COMPANY. This cau , e which has been six days before a Specie. Jury. was decided this day. It is of great importance, inasmuch as the de:ciulauts are liable to pay a sum nl 1b,0001• to the plaintiffs, and upon the question there is not less than 70,0°01. depending. The facts to a con siderable extent were made public in the report of a former trial, this being a new trial. The plaintiffs, who carried un the business of sugar refiners, at their sug 4-house, btallding in Union -street, Wl►itechapel, brought their action upon a Policy oh Insurance to recover the loss illY.ll net) isy the de►truction of their premises which were burnt down. The amount of claim on the PI (*nix was 15,00(11. . . The defendants resisted paymott, not imputing the slightest fraud, but on the gruffly! that the pl rutitls bad us e d a new gp v araius mole dangerous that. the old pro cess. This apparatus had increased the risk. aid had never been eunununicuted to the Conipany, according to the terms and condition; of the policy. An immense mass of evidence was Mitred on both Irides.--On the p.rt of the plaintill) the witnesses proead that the fire did not break out where the new process was used ; scemuily, a number of scientific melt, who had asccriattlett by expert:news the inflaition.fble strength of the sugar and oil used by the platutiliss, de posed that the new process was Ices daogeroos Owl, the old. It was also proved that the Sufi e)or for the de frodants axamincd the new apparatus, and on that account the plaintiffs did not consider it necessary to make any further communication to the oilier. On the part of the defendants a number of persons de posed that they saw the fire breaking out under the sag.-r pan where the new process was carried 011. Sevcrel sugar-re fillets also stand Mat Mey considered the new proc ss more dangerous than the old. The arguments of Counsel were concluded on Mon day, and this day Ch.ti Justice Dallas began at ten in the morning to suns up the et idence. Iles clear and able repetition of the testimony of all the witnessea svas concluded at roof o'c lock. The Learned Judge then ►aid--This is the whole of the evidence, alid I has c come to the end of it a ith satisfaction to myself, because it was impossible, without goi:ig thiougli the whole to meal the facts to the recollection of the Jury. 1 adl therefore, on the conclusion of this long proceeding, make a few Mist.' vatious, There are sonic pre liminary topics a Well I a ill now advert to, First, as to the Conduct of the plaintilf• iii this ac: ion. I ht y Iri i, onfintu utlely,r stiy ttu lJetablestake tit p.m! itiz. it h Slit II as THE NATIONAL REGISTER. in case of total loss, would crush the greatest numherof persons cat rying on the business. That circumstance ought to press on your consideration. Another circumstatice is this:—that whether it has been right or wrong not to e orn mune:ate this improvement to the Insurance Company, this is a case in which it is quite impossible to fix on the plain tiffs any fraudulent intention, nor is it su intimated. On the contrary, the intentiou to impute fraud is disclaimed. The case indeed speaks for itself; fur it i. hardly to be supposed they would have introduced a dangerous process to their own injury; and therefore if it should turn out that you doubt whether this is a dangerous process, the plaintiff, ought to have the benefit of that doubt. if your decision should be against them on the subject 01 U 0 communication having been made, not one of the Jury will more lament it than I shall; but still in our respective situations Justice must be dose. 1 then come to the question, whether the lose to the amount of 70,0001. is to fall 011 a few individuals or the different Members of a society who hold small shares? and that is a subject fur yonr cousideratien. I now con sider it necessary to make one or two observations on the lefendants. They are Directors of the Pheenix Insurance Company, and as such, without looking to their own interest, are trustees fur a considerable body of persons. Property of this nature, you are well aware, consists of different shares, which perhaps constitute the support of widows anti orphans, and it is their duty to subject every case to examination if suspicion is at all entertained. I have therefore 110 hesitation iu saying, under the extraordinary circumstances of this case, unparalleled in my recollection in a Court of Justice, if the Directors had not defended this action they would have been guilty of negligence." The Learned Judge then adverted to the fusilier trial, and remarked that the evidence hail been completely chan,, , ed. The question ot• fact now was, first, where did the fire arise, ur in other words, how did it break out? The next question was, whether or not the new process was more dangerous titan the old ? If it was more dangerous than the old, there would be an end of the case. If it was, the plaintiffs had no right to introduce itwithout vet ying the risk. If the Jury concluded it was more da ogre tele, they ought to find a verdict for the defendants. it the lire hi uke out where the machine was used, it would perhaps prod• the process was more dangerous than the old process. They bad heard fifteen or twenty witnesses, all of whom had sworn to the tact of its having broken out at the corner of Union -street, and it was attributed to the sugar boiling over. It was most extraordinary, that at the last trial the cause of the fire was unknown. It was merely attributed to the care lessness of the workmen coin;ng to get their candles. The new attempt to ix the tire to the boding over of the sugar vat was then a subject for their consideration. The man who could have proved whether the tire happened there or net was examined by the Directors. Muller, the man who had the care of the apparatus, had blundered—first saying, no oil was used, and then admitting that it was used. Miller said it broke out in Union-street, and that it was so rapid that he had not time to save hi, clothes. If the Jury be lieved this, it wueld only raise the presumption that it was a dangerous mucus'. The heat que.tion was, the cause ! Whether or not the new process was more dangerous than the old? On that point the Jury had beard all immense body of evidence, consisting of the testimony of enlightened philosophic men, many of whom said it was impossible the apparatus could have produced the accident. On the con trary, it was less dais .erous than the old process. Here the Learned Judge adverted to the testimony of Dr. Thompson, of Glasgow, Dr. Davy, and others, who supported the plain tids case. It was, however, judgment opposed to judgment, theory to theory, yid strange as it inieht appear, expe l i ntents had led to different results. Who was to decide this mighty contention? He was nut able. He was not totally ignorant on the subject; but a little learning was a dense. rolls thing. Ile had some doubt of his own knowledge, and was not ashamed to own it. The man who never doubted would never examine. Doubt had been called by the great Lord Bacon the key of knowledge. It was, bow ery, not the duty of a Judge to decide; it exclusively belonged to the Jury. Some among the Jury might be well acquainted with the path of science, which he would only say, like day-light, must be progressise. In a case where 70,0001. was depending, and *here it was impossible to attribute fraud, they ought to consider whether it would not be dangerous to give their verdict against the plaintiff's. It was an honest ease. There was no fraud. The Learned Judge then came to the law point in the case, namely, wive. Cher the concealment of the new process rendered the Policy void? It was clear the apparatus was not regularly cotnintinicated, and he wished the Jury to say, whether it was a safe or dangerous process. On the conditions of the Polley. which lie read, nutiec of all improvements in ma terials productive of heat was to be given to the Company. ur the Policy was to he void. Ile should reserve the point if necessary. At the conclusion of his charge the Learned Judge observed, that he could nut have supposed that for six days together twelve Gentlemen could have entered the Jury-bus with so much willingness and readiness to dis charge their duty. Not the slighte.t complaint of incon eclectics: had escaped them, and the country, us well as the parties, were imply utilized to them. The Jury reified at live o'clock, and returned at a quarter to seven. they then found a verdict for the D ges 15,0001. The Foremaii then said, " We ore of opinion the ere broke nut at the corner of Uuiuuslrrrt, nnd not under the ..Cl5 linwess. WO hi I!. Ow of °Whit/II Oat the new proceei is les. dangerous time the old. We thick Scsern and CO. did 11811 guts. soti•r of the apparatus, because the defendant's Sui sof or had lover ted The vet dirt nil% 1111/ 1 / 1 11dy hailed with loud shouta of tri umph, by a numerous 1)64 of persons in the Court and the avenues, who appeared much interested in the event. One of the Jury then said, he had sat as Juror %heti the late Lord Kenyon and lillenhorough presided as Judgesond he was proud to ►a)', the urbanity of his Lord- Alp was inure di•linguidied on this trial than lie had ever before ex rierien.'vel. Judge Dulles.—t' Then gentlemen 1 am more than re warded.'' A conversation next ensued ui the want of communie:it son wi•li respect to the process, and the Jai y after cell-akin_ again iu the Bus, decl.,red they mere of °ldaho, lim o .: n o! , t . //1 . CUllloltlllitatillo, as Olt' hull ye, or 1110 lieu U. • The ca,c hying Asspo.t.•tl of, the Jthlge.ilti, that lii. "pi nion $% that 1111tH ith-insulitt;.; thr ahuht, oat the di ut thr leartied tacit, the Jihry h4ll J yldCd oh the listi• 1111 , N41141, DdC. JoSEPHS 1“.1.TY. This W3ll au action alt j 13iU of Exchange, held b) the pLiiiihilf flit 581. The Iwttd•u ma t t of thr vti lie:, 111 my Wt. :Intl the fu:t of the plaitit.ti the Irma fide 11014vr 0: the si runt), at well iNtue tiCiliSJAISeb uttclUAl ill liability, were admitted, but it wall pfeeded that since the making of the hill the defendant had been a bank rupt, and had obtained his certificate. These facts were were also admitted by the plaintiff; but it was further stated that the defendant had been twice a bankrupt, and had not paid fifteen shillings in the pound under the second commission, under these circiiiirstancer the Jury, by his Lordship's direction, found a verdict fo► the plaintiff for 601. 10s. the amount of the bill and imereit, with this special indorsement, that SW defendant had been twice a bankrupt and obtained his certificate. but had not paid fifteen shillings in the pound under the last commission. ROMP/ELL AND PARKINS •. DERIANS. This was an action by the late Sheriffs to recover rrom the defendant 1701. the amount 01 a bad bond, g iven by him for a person named Leigh. Mr. Gurney slated the case for the plaintiffs. Mr. Gaslee, for the defendant, said the defence of his client was infancy. To prove this fact the register of a parish in the extreme part of Yorkshire was put in, and the entry of the defen dant's baptism was rcsd. The uncle was alio examined who stated his belief that his nephew was not yet 21. The Chief Justice thought there was no doubt in this case, as to the proof of infancy. It might not be srrictly hottest for persons under age thus to deceive the world ; but the law threw a shield, and very properly, round harms, and persons must take care with whom they dealt. Verdict for the defendant. The following excellent letter, has been publicly addressed to the freeholders and inhabitants of the County of Norfolkand we give it, because in its main points, it is equally applicable to every other county. BROTHER FREEHOLOERP, AND INHABITANT! !—Ye, who have hitherto been foremost in addressing and peti tioning the throne, and the two Houses of Parliament when your liberties were in danger.—Ye, who have hewn the beacon to all England for assembling at County Meets jugs, and in the language of loyalty, but with the spirit of freemen, boldly to state, and intrepidly to assert your rights; why stand you now sleet*? why—is it like a corrupt Borongh. snider the influent:ea en oligarchy, yr suffer other comities to wrest from you the lung worn, and proud palm of the Whig county of England The pads is still open to yon ; and if among the aristocracy, a pot tion of thembe insensible to the clangors that await them ; if they prefer their homes, and their pleasuure► to the duties of their station, and are become degenerate and debased ; leave theism to, become the victims of seltre• proach, and to the obscurity which shade► the abandon silent of trust, and derilection of principles. Among your ranks will be found then amply fitted to supply their places, and whose call will be imperative upon the Sheriff to convenes County Meeting, where delinquency will be made known in the list of absentees. Let the farmer, who finds his labour unproductive and unprofitable--the tradesman, who feels the want of the farmer for Isis cur rouser—the manufacturer whose goods are warehoused. from the diminished demand in the home markets, divest thenaseivesof prejudices, and they will be convinced the use cause of a general depression, lies in the canker of an overwbehning taxation. Unite then in a resolution, declaratory of the evil, and petition your Representatives (when Ministers shad allow them to assemble) to institnte an immediate enquiry into all branches of time expenditure, and most especially that arising omit of the Milan Com mission, as well as those iecurred in the prosecution of the late unprecedented trial .of the Queen Consort of these realms ; endangering in fts consequences the stability of the throne, unjust amid injurious to the high Personage accused, and subversive of all morality and reverence in the people to the monarchial part of the coastitution. In your petition to the House of Lords, express filially your conviction, that no measures short of re.iuserting in the Liturgy the 'tame of Queen Caroline, as Queen Consort of U. urge the Fourth, and giving to her these appendages belonging to her Royal station, can allay that esOlethent now pervading the 11411011. And if in your loyalty to your Sum ereign. you wish to address the throne, remem ber men itutionally " the Kiug can do Wrong." But mark strongly your reprobation of those evil doers (his Minis ters) who in all their acts of nial-adininistering Isis Go. vi•rnmeut, in words and in deeds, use ever seeking to shelter themselves from 4 constitutional responsibility, by ith estifying the Royal Personage in their bleaches of the Constitution. Already have two counties ;riven to Nor folk the go bye--.bastes the's to your post at Norwich ; I pledge myself you nil. find there the steady Patriot Conn —twat undeviating fi tend of freedom, of justice aud the kris. Dec. 20, A FREEHOLDER. /haute of Ike late Ad i ge uery excellent Judge was of a very humane disposition, and when he went the Circuits, it was with extreme reluctance that lie left any condemned criminal fur execution. After the trials were over at an Assizes where six malefactors were sentenced to death, when the paper was laid lie. fore him to strike , off the names of ihose he might think worthy of mercy, Ile found a reason why the sentence should he Mitigate(' in lie first. second, Ike. till he had struck his pen across the names of five; when lie Cants to the sixth, he said, " 1 can set no good reason why this man should not sutler accuttliog to the law ; but, poor fellow, lie exhibited a very woc!til cnuntruance— he seems as if lie don't like to be ;" and his name lIIIIIICII'd , eIy received the merciful scratch. FATAL ACCIDINT.•—M. Vdldl , tile celebrated ISofllt at the ()vela, Irlt a vacuum last rittirmlay to a dreaded accident, oceasioncd by the explosion of an °flit:lite hod, rat the ionise of a friend in Paris. M. NUldi was nil tied, togt•ther with his wilt and tl.ni;:itter, at the residt-tic, of NI. Garcia. NI. Naito %unlit asst -I in sivi , e colioary firs cell, ai.,l had the illiprilticllte w reuse N 1111 pal ll('t'lP 1114: ColliilWil.r iii lilt . heat. Tne r hi snn in stant:menus!) cna,irn, .11,1 the ernes stip:owed irons lite autoclave 0111(1 Lid his crantinti open, anti struck him dead upon the spot. NI tiarcia rte. 'veil a i , .ters on the head, Lot tutu dative. rtir. N ddi bail e: itti lira%n fruits tik stage tut/ II 014110 61‘11; J!III 11l his )milli w 4 2, dilottL,l Ui t: mt. id the 11$4 I. Wirt 11, 1644 4 11. /- ,''