The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-21 00:00:00

MUNN V. GODBOLD.

This wu an artion 1);;u1rht ;o ;ero•er bark a sum of money
which the plaintiff had deposited under the following clrcumstan-
cc*. 'rile defendant was the vendor of a quack medicine, and the
plaintiff had undertaken to become his agent for the sale of it in
Paris. Before the defendant would allow any medicine to go to
France, he obliged the plaintiff to deposit the value of the medi-
eine. The plaintiff found that the French were inconveniently du-
bious as to the merits of the article he had imported, and heobtained
no purchasers. In consequence of this. he brought back the medi-
cine to England, and now claimed back the money he had already
deposited. The defendant declined to repay it, and the present suit
was instituted. At the trial of the cause at Ouildhall, the plaintiff
proved that duplicates of an agreement had been made, one of
which, signed by the plaintiff, was given to the/defendant, and the
other, signed by the defendant, remained in the possession of the
plaintiff: The latter copy was stamped, but had been lost, and
when it became necessary to give evidence of the agreement, the
plaintiff produced the draught from which these duplicates had been
made, and a witness, who had examined them all, swore that they
were all verbatim copies of each other. The defendant suJiMitted
that this draught was not admissible in evidence, and that the plaintiff
ought to have pmductsl the counterpart in the possession of the de-
fendant; and as that was unstamped, the plaintiff must be non.
suited. The Chief Justice. however, was of a different opinion,
and admitted the draught as the best secondary evidence. The Jury
then gave a verdict for the plaintiff. A rule had afterwards been
obtained to set aside this verdict, and enter a nonsuit, on the
ground that this draught had not been properly admitted in eri.
dente. The CIRC WWI OM IMl'dllyllegatti by Mr. Sergeant Wylde
for the plaintiff, and by Mr. Sergeant Hosanqiiet for the defendant.
The COURT finally confirmed the opinion of the Lord Chief
Justice, observing, that by getting his own copy stamped, the
plaintiff had done all he could, and he was not to be made to suffer
for the negligence of the delindant, whose copy still remained
unstamped. The rule for entering a nonsuit was, therefore, dis-
charged.

ARCHES COURT. SAT VADAT, Nov. HI.

Before SirJ. Nrctiot, Tint.
wootticomßE, v. OUSTIIDOF:.

The Judge and Learned Civilians of this Court were occupied
during the day on a question in no degree important, but as it proved
how ardently and pertinaciously some persona pursue an object
of trilling value, when incited by the spirit of opposition, and urged
forward by the hope of success. The question arose out of the eon
tested right of a lady, msed 74, to a sitting in the pariah church of
Lifton, is the county of Devon.
The facts of the case were simply as follow s--Mrs. Oustridga. a
linen-draper, resident in the little village of Litton, in Devonshire,
had enjoyed a certain part of a certain pew of the village church
for a period of nearly :15 years. Her two daughters had accompa-
Med her to this pew for some years, and were also accommodated
with sittings. So matters remained until files.‘Voollicombe, a wi-
dow lady, came to reside in the parish, and became tenant to s Mr.
Mason. for Witler.house, one of the principal mansions in the pa-
rish. She applied to the churchwardens to allot sittings for herself
and family, and being desirous to grant the accommodation suit-
able to her rank, they granted her a part of the pew so long occupied
by Mrs. Oustridge, and with their approbation, and that of the cu.
rate, four sittings were partitioned off' and taken possession of by
the inhabitants of Witley-house. Now it so happened, that in the
particular part an disposed of lay the sore corner in which Mrs.
Onstridge was wont, helsinmadilly, to offer up her orisons; and
sun it be wondered at, if this unceremonious eviction cost her some
stverc pangs ? Certain it was, *At it roused the ire of her son, who,
after a short interval, feeling the frunily dignity compromised, or,
perhaps, having a vies to seine hereditary right, thought it his duty
to acquslat Mrs. li'oolliconitie that he had determined to repossess
himself of the seat from which his veneratde parent had been die--
possessed ; and accordingly. on the nest /Sabbath-day, he took up
his position in Me very pew set apart for the lady of the maneton.
house and her family. To present the recurrence of such an intru

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