The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-29 00:00:00

SOAVES AND OTHERS V. LORD COCIIRANE.

Thla was an action brought by the phuntilia, u owners of a
merchant ship trading to South America, agninst the defendant,
to recover the value of the said ►hip and its cargo, waich was
seised and detained by the defendant, as Commander of the Chilam
fleet.

Mr. Sergeant WILDE made a motion of course for leave to
plead several matters.
The Loan Clem, Jurricr.—Wu it an English ship?
Mr. Sergeant WILDE—Yes, my Lord.
Mr. Sergeant VAUGHAN—It was an English ship, but with a
Spanish cargo, my Lord.

A.COURT 9. C• 031. err
This was an action of assumpeit to recover the sum of 30/., to
which the defendant pleaded the Statute of Limitations, averring
that the cause of action did not accrue within six years. The
MU was tried before Mr. Justice Omelet, at the last Somersetshire
Assizes, when the plaintiff, in order to take the ease out of the
Statute, proved that the defendant said, on being arrested, " I {mow
I owe the money, but the bill I gave is on a threepenny receipt
stamp, and I will never pay it." The Learned Judge did rot con-
sider this a promise to pay, so as to take the out of the Statute,
and directed the plaintiff to be nonsuited, giving bin, leave to
move to set the nonsuit abide, and enter a verdict for the sum
of $Ol.
On a former day of this term, Mr. Sergeant Wilde obtained
• rule for that purpose, and the case having been argued by
Mr. Sergeant Spankie, who opposed the rule, and Mr. Sergeant
Wilde in support of it,
The Cotter this day gave their judgment. They considered many
of the decisions that had been made on this !route to be totally
contrary both to the spirit and letter of it. The act was oar of
peace, for the quieting of men's estates' and to avoitHaweu its ; osah'
of thedecisions, however, had admitted the slightest circumstance
to take cases out of the Statute, and lied in efffct rep sled the Ad.
In the present ease, the Court sere not disposed to overturn any of
threw caste, though, if they were sitting in a Court of Error, they
should nut hesitate to revert back to the intention of tile iegislature
itself, regardless of the cases that were in the books. But as the
words that were used by the defendant could not be construed into
a promise, so as to revive the original consideration upon which an
action might be founded, it was not necessary for the Court to
enter so fully into the subject es the importance of it, and the ne.
ccssity of having the question set at rest, would othe:wise here
required them to do; for it was imporsthic to contend, that where
a man admitted the debt—but in the same instant declared he
would never pay it, he by such worth', tither made an expresser
an implied promise to pay that debt, so an to form the ground of
action. The rule, therefore. must be discharged.
The Rule fur setting aside the nonsuit was accortline,le. dis-
charged.
Tills being the last day of berm, the Court sum a late how.

111011 COURT OF ADMIRALTY, Movn,tr, Nov. N.

The Court sat only for about half an hour, and was occupied in
bearing motions of no public interest.

SECONDARIES' OFFICE, COLIMAN4TILELTA
MONDAY, Nov. SU.

JONTS AND HOWARD V. THE ARRA:Fri OF LOWDOIf.
Mr. Co isyN, for the plaintiff in this ease, which was tried before
Mr. Shelton, the Coroner, etatid, that it •as an action brought for
the recostry of a sum of money, which his cheats had lost is con-