The Statesman. — London, England, 1809-12-22 00:00:00

I l , . p. Lew INtß&LlGefag..... • COURT OF CHANCERY, LLICOLVS LNN JL%LL, Thursday, Dec.2l. EGERTON V. PLOWDIN. Sir A. PIGGOTT was thisilay heard iu reply, in support of the motion matte yesterday to dissolve the injunction of the Coutl, restraining the sale taf she '• History of Ireleusels'" published by Francis, Plowden, Esq. The Loup CuAtscur.r.bft, in giving his judg. talent, said he could not get over the opinion, that the " History of Ireland" was an abridgment of the " Review of Ireland," published by Mr. Egerton. What confirmed him in the be. lief was the remarkable coincidence, both in the language and letter of a considerable portion of the Partner with the latter. However, the judg. silent he should give must be qualified. That por- lion of Mr. Plowden's book, which was alleged to be theldracy of Mr. Egerteu's copy-right might be su altered in the next edition, as to re medy the present objectkii to its sale. However, in the mean time, the Injunction of the Court must remain in hill turce usaitist the present edi tion. His Lordship said, however, it might be a question fora Court of Law to determine, wile. tiler the wort: of Mr. Plowden was or was not an abridgment of the " Historical Review of Ireland." (COURT OF XING'S BENCH, TIICRIDIT, DEC. V. Silting: before Lord ELtrxxoflarce and Spe cial JUI ies, in Guildhall, Lundfsn. YENNING V. LUCKIE. The ATToRneY-Gmen ‘r. stated this to be an action against the Defendant for not having car ried into effect, nn his part, the agreement which bad been entercd into by him u ith the Plaintiff, respecting the disposal of a certain quantity-0f elm - The Plaintiff was a man of perfect respect. ability, and inferior to none in this commercial city, for integrity in his dealings, nor had that cleiraeter of his been ever so much as broeght into rostion, Until the occasion arose out of which this action. sprung ; and on that occasion, some. Cling happened that prpdnced the present contest between these parties.. They had been intimately connected in commeree and in friendship, but that friendship had been broken off for reasons which t se Plaititiff was conscious were not discreditable to him. Au irritatimi was the effcct of the rupture in the friendship of these parties; and this action was the fruit of that rupture; ho was sorry that such a misunderstanding should take place between two persons who had been so connected. The Plaintiff was conscious of the perfect rectitude of his intention, and was ready to manifest that by a reference to his actions, as they related to the subject matter of this cause. The Thfentlaut might, however, rely upon it that nut a word should fall from his lips, as he opened the cause of the Plaiotilf, tending to increase that irration, under the influence of which he was wrsuaded the Defendant had acted. It was however, necessary that the Plaintiff sliquld come ito a Court of Justice, to thew his readiness to h.vo the whole of his conduct • investivited o.)erily, and before the public; to do away en trely all possible chance of any imputation resting _upon his tharactcr, in consequence of what bad been circulated about him, on the subject of this cause; and that was really all that he was anxious for. He was not actuated by any personal hostility towards any body ; his only object was the viie6catioti of his character, and that he went upou accomplishing. Mr. Passe huprd lie should he excused for trespassing upuu the Court, and for doing a thing so apparently irregular, as that of interrupting the AlAorticy-General in the course of his ad dress to the Jury. pure intentions %scut his apology. Ho wis to restore the friendship of these parties. He new of nothing so likely to , conduce to that vitt, as a frank declaration of the feelings of his client, the Defendant. Ile! protested, that he felt, at this moment, no irri tation towards the Plaintiff, nor had lie the least inclination to say, or to do, any thing that might have the effect of making him uneasy. So far from it, there was not a word in his brief, tend ing to 'Mew that the Defendant was actuated by a spirit of irritation. As a proof of' it, he was willing to submit the whole of this case to any geatleinan whom the Plaintiff himself would be pleased to nominate. The ATTORNEY-GENERAL said, that after hay ing offered to the Defendant an opportunity of en quiring into the conduct of the Plaintiff openly in Court, and 'hewing a readiness to justify the whole of it ; and as the Defendant declined that investigation, the Plaintiff would not object to the etude _proposed, of adjusting all matters be- tweet' him and the Defendant, by arbitration.— Ths cause was therefore referred. • STEVENS V. LYNCH. Mr. Gaituow said, there oas but one reason; why this cause was tried by a Special Jury, and that was to cause delay in the proccecings ; that ! object had been gained. As to the cause itself. • there was nothing in it. It was an action upon a bill of exchange, of which the Plaintiff was the; bons fide holder for a valaable consideration, • and the Defendant the drawer. It was accepted by a person of the name of Jones ; but when pre. sented by the Plaintiffs clerk to Jones, it was dim. honoured. The defence was, that the Defendant had not received due notice of the dishonour by the acceptor. Generally speaking, no action could be brought against the drawer of a bill of exchange, unless he had notice of the acceptor's nut paying it ; and the good sense of the thing was this..- That the drawer might have as early a recourse as possible to the Itcceptor himself; but there were cases in which the law dispensed with that prac tice. One of them was, that of the drawer haw ing no effects in the hands of the acceptor. No. lice to the drawer of the null-payment by the acceptor was unnecessary in such a case; he could not want notice of an event which he n►ust know would happen; that is, that the bill would be dishonoured fur want ►yf` effects. That was the ow here. The Defeudant bad no effects iu the hands of the acceptor in this case; it was a THE` STATES, mare matter or accommodative, and only one out of many which had passed between these par ties.. But if it were possible that he should fail in this, he should prove an acknowlalgment of the Defendant, of his own liability to pay this bill three months after its dishonour by the acceptor. The reason why ho was nut applied to sootier was, that he conkd not be found. John Thomas proved the siznatnre to the bill to be the hand-writing of the Dofetillant. Alexander Miller, the Plaintilt's clerk, proved that lw and Mr. Cleland, the person who held the bill in question, and who hid indorsed it over to the Plaintiff, went to the Defendant about three months after the bill had been dishonoured, and urged the liefentlant to pay the bill, when he said he thought that Jones had paid it ; on being told the contrary, he promised to pay it himself, say ing, they need not do what they said they would, deliver it to an attorney, for that he would call and settle the matter that very day with the Plain till. Mr. Cleland's indorsement being proved, Mr. GAttitow proposed to a% a witness to substantiate the facts sworn to by the Plaintiff's clerk. The ATTORNEY-GENERAL objected to him, as an incompetent witness, on the ground of his be. ing interested in the event of the canse—for, if the verdict should be against the present Plaintiff, the witness might become eventuaay liable to pay the bill, as indorser of it to the Plaintiff. If it went for the Plaintiff, he would be exonerated, bccause then the drawer would be liable; bat Lord ELLENBOIIOUGII hold, that this person MO a competent witness, and observed that he could not be excluded from that character, tt it h out laying dossing a principle by which would be cx. eluded every person whose name appeared upon the back of a bill. and who came to assist, by his testimony, the Plaintiff to recover his demand upon such bill. Mr. Cleland was therefore examined, anti he corroborated the testimony of the Plaiuttlf's clerk in-every particular. The ATTORNET.GENZnAL, on behalf of the DefeoLot, admitted the law to be as stated by Me. Garrow ; that where the drawer had no effects ht . the 'lmplor e s hands, the drawer was not enti. tird to Notice of the dishonour of a bill, because a man wanted no notice of to event wlticit he was able to' anticipate. But that was not the Pled lure, for ha should prove, that at the time of the dishonour of this bUI, the drawer hadeffects in the hands of the acceptor, and therefore he was enti. t!ed to notice. Ho had received none, and there. fore was entitled to a verdict. But it won!J be said for the Plaintiff, that this was done away hy the suhseqtsent acknowledgment of the Defendant, of his own liability.. To that there was a de. eisive answer,. namely, that at the time of the De., fetidant's etakitsg that acknowledgment, he wits ignorant of a ceri!tin fact, which bad entitle him to his notice, which was, that of the Plaintiff having given lime to the acoeptor to pay the bill after it became due. To establish this cast. on the part of the Defeadaut, be called the acceptor, Junes. Mr. GARROW obji•cted to him, u an interested Wiltlei.: but Lord ELLENIOROUGII held, that he was com. Went, because an acceptor must always be liable i to somebody, until the bill be paid, and therefore.', 1M must be matter of indifference to Lim which ' way the verdict went. Jones was therefore examined, and he swore, 1 ' that at the time when this bill was drawn, and also when it became clue, he as indebted to the Defendaut, upon the balance of accounts, to the amount of between 4 and 5001. That when it was presented, he called on the Plaintiff, and pre_ tailed on him to give six weeks further time for the payment of it, and that when that time was txpired, be applied for more, and was indulged with it. 11:i believed, but was not sure, that he applied a third time fur iudulgence. Cross-examined by Mr. Gaitaow—lle gave a long account of himself and cunuexions with the i Defendant. lle had been his Agent in some Am - rican shipping concerns; lived in Temple-place, within the Rules of the King's Bence Prisms ; had claimed a balance of 20001. due to himself . 'iron the Defendant on the statement of accounts, but that was an erroneous account made out by his clerk, and the error had been detected, al though never, until this hour, publicly stated; and on the fair statement of the accounts the Defeadant hail a claim on him to the amount of between 4 and 5001. such was the state of the accounts at the time when the bill became due. lie admitted, however, that he had called on the Defendant about 10 days, or at most a fortnight, after he had obtained time, of the Plaintiff, for I the payment of the bill. This knocked up the defence; for, as the Defendant's undertaking . to pay the bill was subsequent to this notice being gi-eti to him, of the acceptor being indulged with further tints to pay the bill, the liability of the I drawer upon non-payment by the acceptor was ! reviviel i and the Jury, after • reply frous Mr. (iAaatiw, and a charge from lord ELLENBO 'MUGU, found a verdict for the Plaintiff—Da ; wages 1581. 1 II ITMAN AND OTIITIIS V. NEAL. The ArroavLY•CeselAL stated this to be a case in which thellaietiti sought to recover 42861. 14s. 9d. being the amount of the value of a cargo► of Riga It. hemp, of a good and merchantable quality, which had bean lauded at a wharf, ac. cording to Defendant's direction, fur which the Defendant had undcrtakc►i to give hii bill of ex change at three maths, according to the custo. nary mode lin these cases. The hemp had been warehoused pursuant to the directions of the De. fend.int ; but the market looking downwards in the prico of this article, the Defendant had refused to take the hemp. The first part of the defe►ce was, ig That the contract was nut binding in thif case."—Secondly, ►► That the hemp was not of a merchantable quality." And upon this point Mr. rum in. slated. The Broker, who was the middle man, and who made the contract betn►en the parties, swore that the hemp was not of a merchantable , quality km this case. % -•••• Another witness, -foreman to a rope-maker, 'swore it was of excellent quality. But— The ATTOIR/lET-PZNERAt. OliierVed, that this defence was a surprise upon the Plaintiff, whit had *sever heard until (bit instant, that the quality of the help was to be disputed, and therefore did nut cone prepared with proofs, of which, how. ever, he had abundance on that head, and there fore, rather than risk the cause upon his present imperfect materials, he would submit to a nun suit, and bring another action. Lord ELLENBOROUGH observed, that if this Icfence was matter of surprise to the Plaintiff, the Attorney-General was taking a prudent cours e . Plaintiff nonsuited. FLINT V. JENNINGS AND OTIIIIIS. The Arconsrer-GESEItAL stated this to be an action simil,nr to the last, and then sta:ed the par ticulars of it, after which it appeared in evidence s that the Defendants hid written a letter to Messrs. Key, Freshfield, and Cu. Plaintiffs' attornies, importing that they had one objection to litigate this question ; but to sfiew the fairness of their disposition, they declared, that if the broker, Mr. Forrester, who had transacted this business between the parties, would declare that this hemp was Riga hemp, of merchantable quality, and 'would undertake to sell it for them as such, they would accept it, and pay for it by a bill of three months, accrolling to the usual stipulations, and the agreement made in this case. Mr. Forrester swore it was of the quality stated by the Plaintiff, and that he would so sell it to the best friend he had in the world, for he had ex. amine(' it minutely, it vas equal to any imported this season, of which he hau frequently told the Defendants upon Change, and six times in Court this day. Mr. Next, on the part of the Defendants, said, there must be some mistake in this, for he was in. structtal to call witnesses to prove it was nothiog like this quality ; but Lord ELLENBOROUGII observed, that this letter of the Defendants eras binding upon . them ; the very person to whom they referred the decision of their cause having determined it against them ; and that was ° absolutely bitolim; on them, in the same manner as when a person undertook, that if another would make an affidavit of a debt, he would pay it him. Had there been a special count In the declaration upon the contents of this I letter, jt would be absolutely conclusive on them. And here, even in the present form of the eta ration, it was so much so, that it would be Wilms. sails to contend principally against it. Mr. PA.Ra a said, be really thought that the wit. ness mast have seen some other than the hemp in question : spun which The ATTORNIT.GENim A L agreed to take a ver dict for thu sum demaudt:d, but not to enforce it, unless the broker, Mr. Forrester, who shall look at the commodity again : shall certify as he now does. Verdict fur the Plain tilf—d4mJges 319-51. 51. Bd. COURT OF COMMON PLE IS, CC I.DIALL, Thar:day; Dcc. BEFORE •IR ALAN CHJINSRE. OSWALD D. GARDINEtt. 11011 BCD tLF OF 11111 $U PIRO OFFICE. This was an actior. ow* policy of intiorsement, brought by the Plaintiff, whe is a currier and lea ther-seller, residing at Kin's-place, Stone's end, in the Borough, against the Proprietors of the Sun Fire Office, to recover a suns of 4ill. 81 the value of goods and F:0(+ in trade, alleg.:d to have been burnt on the 4th of February last, in consequence of an accidental 'lire on the premises of the Plaintiff. On the part of the Plaintiff, several witnesses were called, who proved the extent of biisiuess he carried on, and also the circumstance of (heir having furnished him with large quantities of lea. ther of various descriptions, n short time antece dent to the conflagration in his warehouse. The affidavit of the Plaintiff as to the extent ,of his losses was also produced, together n ith proofs of the °enemata' of the fire un the night already specified. The case for the Plaintiff having been closed, Mr. Serjeant Laves, after an ingenious speech, in, justification of the Defendant's refusal to pay the demand of the Plaintiff, called a person, named 'Trent, the next-door neighbour of the Plaintiff, who stated that about half-past one o'clock on the morning of the sth of February, he heard an unusual noise of persons running up and down stairs, and loud talking in the house of the Plain. tiff, which he at first thought arose from the ill. nass of some of the family ; he gut up, looked at his watch, and lay down again, but before he fell asleep he was alarmed by the wetch•nau, who rap.' ped loudly at the door and told him that the home was on fire—he immediately go: up and removed his family (loan lairs : he then understood there was a fire its the premises of (Ili: Plaintiff, and on looking through the key-hole of the warehouse, it was apparently in A ones. The Plaintiff shortly after opened the street door, and said his house was in a blaze ; lie was completety dressed, had on his handkerchief, apron, and boots. Wit. ness said he wanted to go iu to see the state of (he fire, but the Plaintid said it was impossible.— Witness however persisted, and with an oath de. manded admission ; the Plaintiff then gave way, and allowed him to pass. On entering the ware. house frum whence the smoke was issuing, he perceived a cask of oil on fire, the }trees of which ascended to the ceiling, and were burning very fiercely. IVitness immediately seized part of an old spout, which threw eater from three butts which Isere in the yard, nearly full. A led. ger of his, named Poole, awn came to his assist. ance, and having procured a bucket, they satin. guished the times in less than twenty miuntes, the supply of water in the butts having bees more than sufficient to answer the purpose. They the 6 proceeded to examine the injury that had been done, bait could not perceive that the fire had ex. tended further than the ceiling, in which it burnt a hole about eighteen inches in diameter. He had nut seen any great quantity of leather in the ware. house, and what he did see %VAS not injured by the flames. la the room over the warchuuse, the only apparent &sag e, K3I the hole .burnt through thednor. • _ • This testimony ass enrmborated by William Poole, and a person named Shipton, as insomnia ,,e.r, liting opposite hi the house of the Plaintiff:- Noise of the witnesses recollected seeing the Plain.. tiff use any excrtions himself to ettinguibh the fire. Mr. Shipton also stated that Oswald came into his shop the ensuing morning, when he asked him at how much he estimated his losses ; to which Oswald applied, ho thought about 2001. which Mr. Shipton, at the time, thought very Unormous. The next witness C3llcfl was Jobe Han tans y who stated himself to have been a fireman for thirty years. Ile arrived on !h.., premise: of the PI 'lutist' at three o'clock,which was shortly after the fire was extinguished. He saw the Plaintitl, who to: 1 hi m that several bundles of leather had been burnt ; but, on entering the warehouse, the only mark of conflagration be could perceiee was the oil I Cask burnt half way down; and the hole in the loft, immediately abase it. The tr.ly leather he saw was on a bench, under the window, VI hick bore no appearance of having been burnt. From 'bit long experience he was convinced the tire bad tn:ither been of sufficient duration, nor stratig enough to burn any quantity of leather, which. nisi riot very inflammable; added to u hich, cunt I not perceive, by ashes or ein,ler, hiets would eertaitily have remained, that there had been any leather burnt. Souli corri-re and leather.seflers were then called,,ybo all agreed that it was impossible for the quantity of leather alleged to have been burnt, by the Plaintiff, to have been coosumed in so short A. time as twenty minutes, or even in a day, if the fare was ever so great. Samples of leather, of the various sorts al. leged to have been burnt, were also pro:Weed ; and, on comparing the weights and bulk of those with the demands of the Plaintiff*, whose state. meat of lo , s amounted to one toil seven hundred weight, it was evident, that the whole warehouse, however compacoly filled, could not contain so luge a goalitity as the estimate of the Plaintiff specified. The evidence for the. Defendant having gone thus far, Mr. Serjeant SiIEPUZIID, for the. Plaintiff, said, he thought it woeld be snMecessary to call any more witnesses, Ms, from the testimony already given, it was clear the losses of the Plaintiff had not been so great as represented ; and he regret. fed that his client should have suffered himself to have been so ill.adrilled as to mark. the present sedan. the Plaintiff was immediately nonsuitetl. The Board of Admiralty, in answer to an ail. plicatioa from the Merchants of Sussex, state, that 66 they have riven directions fur the protec tion of that part of tho cu Ist, by stati.ming cruisers in inch situations as appear to them Gent. calculated fur that purpose." TO Till: CONSLYMIkTIVE AND ASTHMATIC. Dam Vito, Spes. MANY Mental Men hare asserted, that there is nit sunrise cure toe those formidable complaints; which ii n.nliisig more than acknowledging. that they are un acquainted nab any such si,lecilic: and, iedeed, the Bills of Mortleity furnish a inelitocbaly ;woof, that its this rtioeste Vier we extremely prevail:au and estrenirly fatal. Bat !Ir. Rs loos and a few others, of strop; aiin:l-, ..od zeilosi. •Is the, came of sidlerinle haismility, have sotothated polestar peeps , - dice, sorted fur and found the mesas of relieving the moss wretched seta's of invalids ; and in the 1!..11S 0 1M (11P I. ItitS LS, Dr. Senate is persuaded that he has discovered the hest Pectoral Medicine. in the - world. In some recent in stane.ss he Ira had the satisfactinn to we it restore to !width and vigour.individnals a iiii were is' the sort debilitated state. whose totierine and emaciated frisnes seemed to threaten a speedy dissolotinn, and who had been pronounced incurably consumptive: therefore. without p sssine any exaggerated en., emniunis on his Medicine, be earoostle advises the antis-led and their friends to give it a trial I with this assuronee, that eves, if it should nut prove a cure, it will c..rtainly relieve the cough. In the easy stages of Cousins itiou, he hos not a doubt that it would prove invariably soccessfid 1 fir be has every reason In believe, that it has resolved tuberrultius ob structions in the lungs; and he call positively assert, that. if resorted to in time, it will always have the desLest effect, and prevent the acces‘ion of the more Manning symptoms: Goo great advaninee is, that it never can do an hsjury in any in staller, but may he taken a ith the utism.t safety by per.ons 'dhotis sexes mut all ages, nt any liner of the day, n" et any particular period. It is to very agreeable to the palate, that _it is taken with avidity by childrsts, for a ham it is extremely mlatarv,as it dues not clog the stomach. but is gently nperient. Dr. 4esette's practice, daring the last fifteen years, has been principally confined to the treatment of nervous disor ders and relaxation of the system ; daring which, many caw have occurred, complicated with coestimptive and asthmatic symptoms: for which reason he hid heed obliged to devote no inconsiderable share of his attention to the investigation of those diseases; and as he has been very succ,•sstid in many instances which appeared to preclude all hopes of recovery, be is induced to otter his advice to patients of skis el . with the assaruice Oast every case shall meet the most particular and wireinitiing atteution. lie may he consulted every day till four 'o'clock persoually, or by letter, laciosiag the customary fee, at his home in Southainionn.row, Bloomsbury. Si dolt ad peeing, dicatur rheetun. catarrlna ; Ad fatties. brancbus; all stares csto conga. In every symptom of catarrh, or recent cola, this Medicine affords iainsediate relit f; it allays the irrnation or tickling sensatim o hick etches conghing, promotes and facilitates expectoration, and by its cooling, balsamic, arid arsid”se properties, prevents or removes the most distressing symp toms which usually supervene on taking enld, such at brewer neat, soreness and tightness of the chest, head- :els, fever, &c. As army persons. from motives of business or pleasure. espise theotsAves to the injuries of a cold or damp &lino sphere, whlie they are under the inlience of a cold ; I is uuld advise such, always to guard against the danger us muds as po-vlble. by the ace of mime medicated substance. e hie s may be held in the mouth, where. by gradually di•solviisg, t:ie effect piny be constantly maintained. For this purpose I arepare Cozens , , sin the same principle as the 11 . 11,ain of ster. railed Til Si PECTOILAL BOSE LOT.I.Ntiii.S.. a hick I can re mmeneud as a very safe and active collateral remedy. very dill rout trop the sugar-plumbs a bicti are coma ly sold under various deomninations. The *Vest of these Loxesges, gradually dissolving in the mouth, on the ',trine. which is the organ of toe since, is ;rut. remark able; they not only protect it from injury, nisi preset* Ott disagreeable symptom of hoarseness, hut tacy improve its• aesibility, and than modulste rind strengthen its tow; for whieh reason they are in the highest cstimatiosi with man♦ public speakers and singers. The 11:11.ato of Ibises, and Pectoral Rose lottetlit..s., are prepared gmnioe only by the inventor. Dr. Senate, .itei ale sold at his boluses, No. 47. Southampton-row, illoomstany. Imarlen : the Balains, in linitles, pt ice V..'91. and Is. bd.; ore theanantity of six small Ilottles in one far Ills. (id. t the 1.0- reaps, price Ys. ad. per Ito t. They are also solid retail be Mr. Sanger (late Bacon), l:41. Oxford-street, oppisite Bosid-street ; Mr. Golding. Perfumer to her Majesty, 4 Conikill t Mr. Deck, Nit. 4. Ludgate-hill s Mr. Ch m ins rockspas-street, corder of Spring Garden ; Mr. Ric ~• 1/ruggist, 193, Strand ; Mr. Greta, Mai. 0 sford4i 'i4r Demsareet ; mat ht mast respectable wedivine senders IS viers part of the Liaised li. iurtion. Observe, that there ism label on the ast.i.le of each Roe and Bottle. signed by the Proprietor. L.issote, is his la.oll is rising. or they satimit he &Townie. LONDON I Primed and co t., at tUe SIATSSWAX Orrit Flee