The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-06 00:00:00

SHERIFFS COURT, Trntsomr, FED. 6.

LEMMING r. BELDING.
This was an inquiry before the Sheriff of Middlesex and a cons-
'mon jury, to assess the damages, which were laid in the declaration
at 594 19s. 9d.
The Attorneys were Thomas Riley and Co. Hanover-street,
Hanover.square.
It appeared the plaintiff had been ln the habit of serving the de-
fendant with wine to the amount of the bill in question, which,
I after repeated application, not being paid, the present action was
retorted to, and the defelulaut suffered judgment to go by default.
Joseph Frost, cellarman to the plaintiff deposed that he had
delivered the wine in question, [nil• copy Of the bill produced.
The Si, camel• did not consider this sufficient testimony to war-
rant the jury in returning a verdict. The value of the wines had
not been proved, and for superior old Port 51. might as well be
charged as 31; nor was there any admission on the part of the
The plaintiff's Attorney said, the Learned Sheriff's objection
was untounded, inasmuch that, by the judgment, the amount was
admitted, and had there been any defence such as that set up, it
should have been pleaded specially.
The Suzan. r was astonished how an Attorney could speak so
very nonsensically : the proper place for making these objections
, was before him. The judgment only admitted that loinething was
due, perhaps Is., and his silence at the question was no rule that
the wine was of the superior quality mentioned, or that the prices
put upon them were reasonable.
The Attorney still contended the fact ahoeld have been specially
pleaded, if he had an objection.
The witness was here asked how he formed his judgment upon
. the value of wines ? He answered, lie did not know ;he Deter
bought or sold any, and therefore was liable to error.
The SHEltirr—Sir' your case is without proof ; had you been
trying it biome of the Courts above what would you have done ?
Why, you must have fallen from your own negligence. At present
I leave the case to the Jury • they must act both as witnessesand
jurors; if any man among them is a competent judge they will say
by their verdict what they think of the charges • there is certainly
no evidence to lead them to a conclusion, oily that by the default
in judgment something is due.
The case went to the Jury, who, after great hesitation, assessed
the frill amount ofdamages. The defendant did not appear.
CURIOUS HORSE CASE.

lIELVOIL r%EVISIAGE.

In this ease the Jury were called upon for an assessment of the
damages, which were laid at 901.
The plainti.f, who is a gentleman of fortune, bought of the de-
fendant, a livery-stable-keeper and horse.dealec, two bay geldings,
conditionally that he warranted them sound, and without vier or
blemish. Ihe defendant thus warranted them, Ind on being paid
the 110 guineas, he gave the following receipt :
" March 3,18471

" Received from - Belfore, Ell. ninety guineas, for a pair
of bay geldings; and i promise to take them back any time within
• month, if they should be disliked, or prove to posatia a spot,
any vice, or blemish, forll6 guineal.
Wigned) "J. EVF.RAOE."
After the horses had stood in the stable a night, they were
found to be very vicious and unsound, and in no wave answering
the warranty ; consequently the plaintiff'. groom took them back;
but could not get the &S guineas : repeated application hid been
made for that Sum, which had hitherto proved unavailing. There
was a special count on the second that declared for interest, which
was also hoped for. The defendant had re-sold the geldings for
upwards of 100 guineas, and notwithstanding, the 06 guineas could
not be recovered of him.

The Sittairr said as there had been no agreement, he was
afraid the Jury could not award interest; admission upon the re-
ceipt io this case was sufficient, but even here it would have been
better and more satisfactory to have had the coachman.
The Jury assessed the damages at fla guineas.

INSOLVENT DEBTORS' COURT, Yu. L