The Sun. — London, England, 1806-02-15 00:00:00

LAW' REPORT. COURT OF KING's BENCH, rtn. 14. LEES V. AUZERT. ' This was• an ACtion upon , a Policy of Insurance, and the single question upon the cause was, whither thelass which had happened was to he deemed a total or an average loss And the Jury were clearly of opinion, under the direetion of his Lordship, after a, full. hearing, that the loss was only an average loss, and found a verdiot -accordingly. Another cause, depending on the same question was disposed of in a similar manner. COURT V. GADSDEN AND ANOTHER. Sir V. GIBBS, stated this to be a case in which the Plaintiff was the Consignee of a butch Mefchant, and, in that chara6ter, had sold to the Defendants a certain quantity of what was called HoHands but ter ; it was buttef which came from one of the pro-, vinces of Holland, and in what are called "-Bollard casks ;"' there were 400 tubs of it. The Defendants bad bought the whole, 1 15 only' of which bad been a6tually delivered to them the rest they refused .to take. This attion . was brought to recover the amount of the 'difference. Mr. Ashton, the Broker employed by the Plain tiff, proved the contra& to have been made on his behalf between him and one of the Defendants, Mr. Gadsden. On his crass-examination by Mr. GARROW,• he admitted that.a considerable part - of this .butter Was grease,'unfit for consumption. But Lord ELLENBOROVGET observed, that. this wp no defence, since the Defendarrt had an opportuni ty of inspecting the whole of the butter. To corroborate this case, Mr. Thompson, theDe fendants' Clerk,-Was- examinedt and proved that a conversation toots place in his presence between one of Defendants and the 'Plaintiff, in which it was agreed that a letter should be ritten by the De fendants to the Plaintiff, and that he was to for ward. that letter to Kolfor, the Dutch merchant. But —Lord ELLENBOROUGH held, that this letter did not alter the Original case, for it amounted only to this, that if the DefendantS would not sustain the loss, 'the Dilteh merchant must, for that the. Plai ntiff ought 1;ot, inasmuch as he was, at all events, en titled. to be saved harmless ; and that threw the loSs on the party bound by law to bear it ; that party was the -Defendants ',who had entered into an engagement they had not - fliihlled, . _ %.VerdiEt for the Plaintiff to the amount of the dif ference, being gsl. THE.COMPANY OF FA:sr—MAKERS V. HOLLIS. Mr. -,YARK observed, that this was an A6tion broiight at the 'instance of tbe Master, Wardens, and Soci ,- , , ty of the Fan-Makers' Company, against the Defendant for a debt, for disobedience' to the Bye laws of the Company, first refusing to pay the necessary fees due on each quarter-day, 'on'. which the Company held a meeting, by which he wasfined 6s: Bd. fbr each default, of which there were five. This Company had their Charter granted to \ them in the Rei s ;:: Of Queen Ann. They had made Bye-laws under the authority of this Charter, which bad been approved of, as required- by the Statute of -Henry VII. by the Lord Chancellor and the two Chief Justices of the Court of King's Bench and Common Pleas, ,who were Lord naanwtcKE, Lord - Chief Justice LEE, and Chief Justice WILLES: Mr. Gmutow addressed the Jury for the Defend ant, and thOught that This action might well have been spared, under all the circumstances of the case. Lord ELLENBOROUGH held, that as to the five penalties with which, the Defendant had been charged, he must be acquitted of them, beCause the Plaintiffs had averted in' the Record, that the De -fendant had due notice of, the Meetings at which 113 was not present,and they had not proved that he had that notice, and, the : days of holding such notices were not foxed. This was not a material averment, but as it was averred, it must be proved, and as' it was nut proved, the Defendant was entitled to the benefit of it, and that gave him a verdict \ on these penalties ; but his Lordship thought that his refusing to quit the room, atter. being ordered to do so, and behaving turbulently, was a species of misbehaviour within the meaning of the bye law, and on which the Plaintiffs were entitled to a 'verdid; , The Jury, after some consultation, found a Neteclia for the Defendant. GREENROSE V. HANSON. GARROW stated this to be an a&ion by a foreign Sailor, to recover of his Captain 141. due to him tor wages. He had been shipwrecked on the coast of Lisbon ; employed there by the Defendant, tinder a promise that he was to he taken home to Sweden, in which he was deceived, for he was taken to Dieppe, from thence to Hull, and so on ; he had applied for his wages, but could not get them. • rl brother Sailor of the Plaintiff, 'who had another Aaion against the same Captain, in which this Plaintiff was to be the witness, swore, that the De fendant undertook, in Wapping, to pay the Plaintiff the remainder of his wages ; that the agreement was made between the Captain and his crew before the Swedish Consul at Lisbon. Mr..-PARK, onbehalf of the Defendant, observed, Oat as. the Captain, Crew, and Ship were Swedish, by the laws of Sweden no Captain could take Swedish sailors without entering all their names, ages, &c. in a register kept for that purpose, either, in his own country or a foreign port, and he must pay a penalty for every one he did not bring with him back to Sweden, or give an account how he lost him ; that he dared not pay one of them who refused to return . with him, arid their wages were forfeited in that case. That was the case here : the ; men had been ill ad vised, and the Captain could.not, dared not pay this Crew; the agreement between him and them being Made according to.the laws of - their own Country, 'which -did not.allow any Swedish sailor to stay in any place . out of his native country after he had per . formed his voyage, &c. ; for . - vhich.reasOn the De fendant was entitled to a verdi&. Mr. C. GRILL, Consul General, of his Majesty the King'of Sweden, gave an account of the law being as. Mr. PARK had stated it, and this was by an ordi- Jiance of the Government of Sweden of the year .1743. That this crew applied to, Mtn to enforce the payment ortheir del - nand upon the Captain. The LONDON i Vririted by RIC At the SuN-OFFII , . Consul had told them that he could not order it if he would—and that he would not if he . could ; that they had broken their oath'of allegiance, and they knew it, by refusing to return to their native coun try, s by which their property .was forfeited to the pubk ; and one of them admitted he had been wrong, but that a man of the name of Seederholm had advised him to bring the anion, who said be would get it in three days, and had persuaded him to do this, &c. The Jury, under the dire&ion of Lord ELLENBO.- ROUGH, found a verdi& for the Defendants. COURT OF COMMON PLEAS, FEB. 6. WIEDSWORTH V. WILLA. :gr. Justice Ito o E read his' notes taken on the trial of this anion, a Report of which, some time agci, ap peared in this Paper. It was a case in which the Plaintiff recovered 301. damages, the value ofa horse he was riding near th 9 White Lion, on F.inchley Common, on the 22d of April, 1804, when the servant of the Defendant, who was coachman of the old Northampton stage, drove against him, and broke the horse's leg. A motion was, now made for a new trial, on the merits of the matter stated in the affidavits of the coachman and three of the passengers in the coach at the time of the accident., These stated,: that it was in no wise owing to any want of care on the part of the driver ; but ,that the horse of the Plaintiff became skittish and restive at the time the coach was descending the hilt, at the bottoM of which they cam in-conta& ; and that it was owing to the bad horsemanship of, the Plaintiff, :in impru dently checking his mare, and. thus Causing her to present herself_ in the track of the coach; that the accident occurred at all, as there were nine feet of the road left on the side to which heinclined, for his free and safe passage. The coachman was perfectly sober, driving at the rate of about seven miles an hour, and, in the opinion,of the deponents, _not at' all to blame for the accident. Serjeant COCKELL, for the. Plaintiff, showed cause against the Rule. He contended, that the evidence in the case; as already tried, was nhundantly sufficient to attach negligence, and most who obstinacy, to the servant of the Defendant, was on the wrong side of the road when he drove against the Plaintiff, and almost precluded, him the means of escaping from the coach ; whilst, on the other side, was a sp4ce of 'eight yards of .the road, upon which there was no obstacle, and where the coach might as well.have been driven as over the horse of 'the Plain tiff. The coachman might have seen the Plaintiff, whoa was walking his horse, .3nd conversing with a lady (his wife) walking on the causeway, more than 79 yards before he came up to him ; " but," said the Learned Serjeant, _ ."these people, instead of attending to their / duty, and avoiding all annoyance and danger, care not what force they drive against, so that the collision is not so violent as to produce their own overthrow (and here the coachman has admitted, if it had been a waggon, instead of 'the Plaintiff's horse, he would have made way for it); but what injury they do to the body they drive against, they care not." Chief Justice MANSFIELD .•—" There is, indeed, much justice in your 'observation brother COCKELL; but, under all the circumstances, of the case, as now before us, I think the Defendant` ought to be allowed to have another hearing." Justice-Ro E.—" I thought. it a perverse verdi&, It is certainly only right that he,should." ROUN TREE V. GREEN AND ANOTHER. -Mr. Serjeant VAUGHAN. shewed• cause against a Rule which had been obtained to . set aside the yer 7 di& for the Plaintiff which had been entered on the trial (*this, Case. He 'grounded his objeaion on the plea, that the Defendants; Green and Wainwright, had guaranteed the Plaintiff in certain goods which had been sent to a Mr. Wbolridge, - in America. The Court held, that the documents produced to that end attached no responsibility to the. Defendant; and the Rule to set aside the verdia was made abso lute, without costs. DUTTON V. CHANDLER. ' - Chief Justice MANSFIELD read notes which he had on a former day taken on this trial, The De fendant had contra&ed With the Plaintiff for a quan tity of Cheshire cheese, then in the cellar of the lat.. , ter. When it was delivered he obje&ed to it on the ground that the Plaintiff's servant, in taking it frOm the cellar, weighing, and piling it in heaps of six or seven cheeses each, had broken and otherwise injtir ed it. An a&ion was brought to enforce the fulfil ment of the contract, and a verdi& found for they Plaintiff. It was now moved to set aside the verdi&, and in stitute a new trial, on the cause stated. Chief Justice MANSFIELD said, he thought the Plaintiff was certainly culpable, in having moved the cheese, as that Was contradictory to the instruaions of the Defendant, who had said, he would send his own' servant to carry it away. The Defendant was a dealer in cheese 3 but as the Plaintiff was a linen draper, his 'servants were not likely to have much knowledge of the treatment of the article they had undertaken to remove. " We must grant a Rule for a new trial ; and I think, brother SHEPHERD, that on the Plaintiff payingthe costs of the trial, he had better let it rest here." CO - WEN V. YOUNG. • This was an aftiort brought by a sailo?, against his employer, for wages due on a voyage to Grenada.— On trial it was successfully resisted by the Defend ant, on the ground that the sailor had deserted his . ship before she got into -dock.- Serjeant COCKELL moved for a new trial on the ground that there was.no . abandonment In point of law ; and on the further ground, that credit had been given by the Jury to the testimony of the Pilot to an extent to which hewas unworthy of belief. • The Pilot had sworn; that.he had, not nor . could, grant leave of absence.to the Plaintiff altho' it was . proved by other witnesses, to whom :the Court gave credit, that whilst the ship 'lay in the river, lashed to an Indiaman, preparatory to her going into dock, he said that he had mire hands on board than he knew what to do with. The Captain being ill on shore, the Pilot had the command of the vessel. The Court, on inquiring the amount of the sum saed for, rnd learning that it Was about 191. said, it was only .in particaiar cases that new trials were HARD HARRIS, of No. 4, Martlett.court, Bow -street; an, CE, No. 12Z, Stland ; where ildveriispients'Orders fc granted for sums under 201. and therefore the Ru!e must be refused. TEMPLER V. M'LAUGHLIN. Serjeant BEST moved for a netv trial in i this case. It was an action brought by an Attorney for condthing a suit at law for the Defendant ; but it had been so negligently managed, that the client neither had, nor could have, any benefit from the aelion ; and he therefore resisted payment' of the Attorney's bill. The Plaintiff, 'in the action which was entrusted.to his'professional skill, had neglected to examine the bail ; by which means the Defend ant in that. action had been liberated from confine ment, and, on a verdia going against.him, had ab sconded. Recourse was then had to the bail for the damages awarded ; bUt they proved to be men by no means competent to answer the demand. Notwith standirig this proved in the end to be the Case, dur ing the progess of the agion the 'Plaintiff (in this case) wrote to his client that lie had had the ball-ek amined in open .Court; and for so doing had made charge upon Mr. M'Laughlin. There were'also in his bill several items for proceedings against the' bail —then who, from their insuffieiency;would rat have been in that capacity if the Defendant had; dinie his duty in making them justify in Court.. Upoti the trial of this case on a former occasion a verdiet was given for the Plaintiff; but he hoped the Court, on the representation. of the facas, would set aside the verdi&. Serjeant SHEPHERD, for the 'Plaintiff, contended, that the. Defendant could not say he was altogether defeated in his action by the negligence of Mr:Terri pler, for it had been prosecuted with success, so as to obtain a venal in his favour ; and although. the De\- fondant in it had 'absconded, and the bail proved in competent, still he would be able to take advantage of the judgment whenever the span could be found. - Serjeant BAILEY, on the same side, argued that a professional man Was not responsible for accidents that might arise in the prosecution, of a suit ; nor could a reinedy for negligence be had in the way in which the Defendant sought it, viz ; by .resisting the Attorney's'bill. It is not apparent (even were the dangerous and difficult to be limited doarine admit ed, that Attornies be responsible for their clients' causes.) that the Defendant may ,not ulti inately'have the full redress he sought in the a6liou against the 'man, who has absconded; and then what pretence would there exist for depriving the preSent . Plaintiff of the honest price of his services. Chief Justice MANSE lELD.—" It is very true,. it is not certain that the fruit of the suit out of which this action has arisen, is wholly lost ; 'all the Defend ant has reallylestls, the having in custody the body of Gardner, the original, Defendant against Nvhom he proceeded. The bail or the man himself may hecome of substance. . There; is no legal defence to this -action.'.' . Mr. Justice ROoKE delivered his Opinion, that the way in which the Defendant should have .sought re dress for any negligence with which the Plaintiff was. chargeable, was by a cross-action, by which he might cut down • the excess of the bill, ,which he now, al together, improperly, resisted. The ,other Learned Judges delivered their opinions to the same effect ; and the Rule was refused. e We find by letters from Liverpool, -that_ Sithpsrin, the high‘Vayman, who broke gaol, at Hertford, when Under sentence of death, was a few days since appre hended there, charged with burglary, horse-stealing, and his . old . trade of highway robbery,' - thr . each of which there appears the fullest pfoof against It is cenjeaured, however,-that from the.notariely of his charaacr, previous to his conviEtion, and the artful deceptions he pradised, that the Magistrates of that County will endeavnur to get him removed in order to meet his fate at Hertford. •, On Thursday evening, as five boys were.coming on shore at North Shields, from the Ship Pomonai, tyre boat unfortunately got upon a ship's hawser and upset. Four of them-got hold of the-rope, but the fifth, who was a Scotch lad (to whom.they had given passage-from Mora Island, where - - he, had been shipwrecked and suffered man'- hardships), went to • the bottom, and before - assistance could be rendered, - one. of the others, a bov belonging to London,. let go his hold, and was likewise drowned. One of the bodies was found on Saturday. - r ,yesterday afternoon, between one and two o'clock, a fire was discovered in the vaults of a wine-merchant in the Old Jewry; which at first caused great alarm; but, by the early arrival of the firemen and engines,. was entirely extinguished without doing any matetial damage. - • On the 15 th of April;.. the .Anniversary of the Royal Humane Society. will -he celebrated at the London Tavern.--- , ln the evening ° the Honorary Medallions will be presented to the Medical Assist ants,. &c.. The Annual RePort, for 1806, will like wise be published the same day, and presented to the Guardians Of the above Institution.—The BISHOP of ,Sl.. DAVID'S,*, Baron DE. ROBECK, Bei. 'Dr. VYSE, Dr. GREGO4Y, and others distinguished for their philanthropy, havekindly offered to be Stewards I the present-year. • .SIIIP NEII/4. CRAVESEND;,FEB. 13. Passer! ',•!•—the Charlotta, 1 ormdailc, and Cum berlAnd; —oocling, from Surinam; William, Aslikvick, from Lisbon; Snannon, Daniels, from Limerick; llope,' !0p...., and Larwiclt, Ran, froth Ethb.ien. • Sailed—the Lady' lane Dundas, - Lindsay, for India ; Ma— rian, Wilson, and fliornas, t)a;rympie,• for Surinam-; Owen, for Dublin ; Arm, Atkins, for laniaica ; Ro— bert and Sarah, Wilson, and CLarlotte, Han; bro'. OLD BAILEY, Yesterday an Admiralty Session was held .before Sir WILLIAM SCOTT and Sir. GILES ROOKE, &c. &c. for the trial of offences committed on the High Seas, within the jurisdiraion : of the Admiralty of England; There was only the following Prisoner for trial Captain Henderson was capitally indited for as saulting and wounding Gibson Mason, on the Ist of October, 18,04 0 with intent to do him grievous bodily harm ; and for a similar - assault on Wm.-Nel sOn. The Prisoner was Captain of the Walker de fence ship, lying off Deal, apd Mason was the boat swain. .It appeared by the statement of the prose cutor Mason, that a misunderstanding had originated in the vessel, ,in . consequence , of part of the crew having gone on shore , with Mason and Nelson, who was the ship's carpenter. On their arrival-o U-board in the evening, Mason went to his birth, when the Chief Mate put out the candles, and a- scuffle en sued. - Witness went on the quarter-deck, when the Prisoner stabbed him under the ,right arm, which had deprived him of - . the,use of his side, and the violence was repeated by a blow, on the nose with the sword. The violence offered to Nelson occurred at the same time, in consequence, as was stated, of his expressing his. disapprobation at the condu& of ,the Captain. ' - On the witness .being cross-examined. by ,Mr. GLEAD, he prevaricated in away that deprived his original statement of credit. He also stated, that a Bill of Indi6tment had been presented at thelate Maidstone Assizes,, which the Grand Jury had thrown out. The hurt the Prosecutor had received, appeared to have originated in a scuffle, through his own, imprudence ; and the Judge directed the Jury to acquit . the Prisoner, without hearing further evi dence. The Prisoner, who had been confined since August last, was stated by the Judge, to have been very ill treated: He was afterwards arraigned on an indiament, for assaulting and wounding Wm. NO. ! son, and. also- acquitted. MARLI3O4OI7OH-STREET:—It has been stated that a man was in custody, and had undergone an exami nation on the charge .of defrauding different trades people, by ordering goods, meeting the bearers, and obtaining .possession of them by giving a piece of paper resembling - a bank-note. The persbn of the man in custody could not be identified, and he was remanded until the business should undergo - a farther investigation. A suspicious chara&er was seen lurk ing about the Opera House during the Masquerade oil Thursday night, and the Officers on duty took him- into custody. He was . found_ to answer the description given of one of the men who had been engaged in the fraudulent praEtices above-mentioned. His, person was, identified by several- who . had been defrauded, atitong whomri were a Mr. Jones, an.urn, .brella-maker in Oxford-street, and:Mr. Gascoigne, a publican in Broad -street, Bloomsbury. :The Pri soner, on whom a fielitions note was found', was re 'manded for another examination'. . A few days since as Mr. OLIVER, one of the Sur veyors belonging to' the East India Company, was stepping over a tier of Ships at Deptford, he fell be tween two Ships, ands was drowned. LI Published by \V ILLIAII AR M;c;:pt Solt !yes, of South Moltoo-snee, Grosvenor-squate ; Dr the Patew, Letters'for the Eciitor, Vic, (oost-Oaid), must be addressea. PRICE OP YEST Bank Stock, t9SI Navy 5 per Cent. 92 Irish S. per Ccnt. 4 per Cent. So 3 per Ct, Red. 6r 3 per Cent Con 6o • 601, Rank 1.. Ann. 17 1-...i6t111 Ditto Sh9rt Ap4., • WAREHOUSE for curious fine elastle Lamb's Wool and Flannel Inside WAISTCOArI S, PETTICOATS, (ready mule), No. 185, Strand, between Nortali. and • Arundel Streets. riTHOMAS CANE (late CARTER and CANE), 'Hosier to Their Majesties and the Princesses; Their Royal liighnesscs- the prince of Wales, Dukes - of York, Clarence, Kent, Cumberland, Sussex, Cambridge, ezc. begs leave to recommend to Ladies and Gentlemen a superior kind of Lamb's Wool Flannel, inside Waistcoats, and Drawers, Wove to shape on the Stocking Frames, of every size, fit for immediate use, of the different 'griidations of warmth and. thickness of Other Flannels, and from a peculiar process in milling- and dressing, do not shrink or thicken by washing. Stockings, Socks, Caps, Petticoats, &c. of the same sort. Likewise a neW and improved kind of Spun Silk Huse, it pleasant substitute for Cotton, and more elastic, are very Solt and durable,. and do not get bard by washing. A select as sortment of the finest Black and White Silk, for Dress; alit Ladies and Gentlemen who arc particular in having their StoCkings exad to size and shape, may, by sending a pattern s have them made to their own airedions. - .Elastic Gaiters; of superior quality, to draw on without buttons, fit dose, and do net confine the instep. Every kind of Braces, and. various' new and apptoved additions, with, elastic Springs on a new principle. Merchants and Dealers supplied on moderate tennis. COLLECTION OF CAPITAL PICTURES. TO BE SOLD BY AUCTION,• • By Mr. WHITE, • On the Premises, No. 4, in' Stratforthplace, on Monday,. March z 4, and following Da}, THE Superb, most Valuable, and. Distinguished.- ColleCtion of ITALIAN, FLEMISH, and LUTCH PICTURES, well known and celebrated throughout: Europe, the property of Sir GEORGE YONG E, Bart., Containing. select and superlatively fine Performances of the Great Masters, the whole of which were collected by Bou cher Cleeve, Esq. - in the early part of the last century, and•• have remained entire from that period to the present moment, in a perfetk state of preserv - ii-tian.. The public view tnercof wilt comnicnce.on Monday, the. Toth of March, and dnenoritc will b 4 given of the publica lion .Of Catalogues, by Mr. White, Storey's-gate, W‘si:-/i minster. CAPITAL TOWN•HOUS - E,SVRATFORD-PLACE. TO BE SOLD BY Aa) . c - rioN, By NIL WHITE, • On the Premises, the latter Itid of March, AlNOBLE,Spacious, and Elegant MANSION,.. the Property and Residence of Sir George Yonge, hart. - desirably situate 1•40..• 4, the centre. Ilouseon the east side of Stratford-place., 0 xtoccl-strect. The Premises compribe•a rnost substantial and well-built E.dife in an ex:. ,cellentnlanner, on which, no expellee hai beenjspared toren der jt s in-every resped - a complete Resiiince fora Family of Distindion •on the inincipal Fleur t a suite. ot:four, ele gant•Roonts ; the Domestic A itartim:Lits are Commodious and well arranged.; donhle Stiiircase, and all convenient Offices, &c. 'Held by lease, renewable for ever, under the City of London, at a small Ground Rent. .Printed particulars are preparing, and due notice of the days . of "Viewing and sale will he forthwith Riven by Mr. White, Storey's.Gaie, :Westminster. At the same time will be sold, the Furniture,•large Glasses, and other valuable Articles.- ~. ,~~" er k rtes Os - Tuesday last, at Edinburgh, the Countess of Loudon . and Moira, of a Daughter. On the s3th inst. at Pimlico, the. Lady of Lieut..-Colonel Elliott, of a Son. M4R R ••• • • Lately, at Dublin, by special licence, IL 8,. Molesworth, Esq. gandsoivol the second Lord Viscount- Molemortil, to Miss Hone, daughter of Brinley Hone, Esq et that City. D I,F D- , • Lately, at his house, in Halifax, in the 96th year of his, age, Dr. roseph Hultne. •- In the North Seas, Captain W, Richardson, Cornm An d e t of His. Majcsty's:S loop Uule.. Lately, at Kiutbiiry - , in the 'County of':, Birks, the Rev. Thomas F0% , , , 1e, Itezior of Hantpsteaci, ltiiarsn 1 in the-sarne County, and of Allingtcli,, in the Count} of Wilts.; sod at the satne place, on Wednesday eveni n g l as t, hi s Y oungest S on, Charles Fowle, of Bath, Esq. Barrister at-Law, and 'Com, mandant of the HungertertlYOunteer tritantry. On•Tharstiay evening last, in Finsbury-;sure, the infant `Daughter of Edward Goidsinid, Lstl. - - On Tuesday, the 4th inst. at her house,-in Lady Bankes, - reliet . of the late Sir ldenry Bankes. STOCKS. RDrl7. India Stock, tB5 I ihlia Bonds, 3s 4s. pr. Exchequer Bills, 3s. ss, pr. omniuip, -3 per Cent. deferred, Imperial 3 per Cent. 6oi Cons. for z7th Feb. 6t 6o 614- 61.