The British Press; or, Morning Literary Advertiser.
London, England, 1808-11-17 00:00:00

LAW.INTELIJCEACZ.

COVRT.OFKING'S BENCH, Westur!luta, Nov. 16.
The Court was occupied, uutil twelve o'clock,
pith persous justifying buil.

KINGS
K STORES.
Tag LINO V. KATIVIIW

The Awaits SY-CAMERAL moved for the Judg-
ment of the Citureon the Defendant.
Lord Ett.grisonounii read his notes on the
trial. It appeared that the Prisoner had Leen a
brasier,. livling in Higb-street, Dartmouth, and that
there were found in his possession liti pounds of
sheet copper, and seventy-two pounds of copper
nails, which had the broil LZ ; the murk that is
alwar, on King's stores. He au, tried last
and found Guilty.
The Prisoner had no Counsel or affidavits in mi-
tigation of punishment. He stated, that when he
bought the copper, he did not perceive it had the
broad Ii on it, and that he had Leen already twelve
months imprisoned.
The AaTtiVeiY-GENERAL observed, that he ap-
peared to be a large dealer in that kind of traffic.
The fact was, that the workmen used to steal the
stores, and the Prisoner purchased them.
The Cotter ordered he should be seLt to New-
gate -.mud to-utorron, end then be brought up
to Mein . his sentence.
728114111141 NG SAILORS MONT THE ROYAL NAVY
THE ;WM r. BRNIY NITYAN.
The Arromot,v-themEitit.' morel fur the Judg.
eilbe go u rt oid,thr Defeatism.
Lord lits.emsoacievu read the notes he had
taken ou the trial. •
indicted,
Assizes, at
• Spe-
of the
in yr-
Tsi

Deebomps, at whose house the bill had .
been Ruda palable by the acceptor,. proved he had
police given him, by all the parties, of the low' of
the note, a month before it became due; and aloe
that he lied protisiuti in hi, h4iidii belonging to
Bats, for taking it up, if it had come in regular
Course.

John Hinton proved a conversation he had held
with the Dgentlitiitlii May, 1807, who told I ut
the loss, of the note, and, added, he did nut think
that that ciniki, pay it, but that he, Cleuients,
would take it up as suou ss he could collect money
sufiicient for that purpose here the Platutitti
rested their case.

Serjeuut Best., fur the Defendant, contended
the Plaintiffs had not wade out a cese to entitle
..teem to a verdict ; first, because they had ant
proved the bond
This, however, Sir Jsmes Maxim:Li) thought
was siiiilciently proved by the production of it, coin-
ing out of the hands of Batt, the acceptor of the bill,
and to wham it lied been scut by elements, the
De-
fendant.
In the next place, be contended there was no
con:iideration for the fresh undertaking upon which
the iudemuity was passed.
This being a matter of law, Sir, JAMES reserved
the point for the considerat of time Court, to he
argued hereafter, in ease the Jury should find ater-
diet fur the Plaintiffs.
The Learned Serjeant then contended, generally,
that the Jury were bound to find for klie Ifefesidinat,
who beving once ',aid his debt to • the Plain-
tiffs, by
.ft good bill, passed to hint for nuiney
actually due to him by the acceptor, Hatt, was
not bound, either iu law or conscience, to pay a
sersOnd flue. , which would be the case, if he were
.to make good the loss of die bill, winch bad hap-
pened without default of his. Ile further contend-
ed, that,the evidence of Multiply, that the,Defend-
ant had said he eroidcl see Batt, suit! then call on
:the Plaiatith4, and settle with them, ueut to prove,
wot an absolute undertakiiig, be the V.-fend:mt.
Opt, on the contrary, merely, that he would pay,
piovided Batt was satisfied wi,ii the security, and
; so willtig to be answerable to limo forthe amount.
The earned Jt. on!, in tliarging the July, ob-
served, this was a novel action, mud suds, as? latter
the circustataaces, had never come before-s.-
The remedy usually resorted to had been by Vin
&piety ; and there he had known several instances
where the relief sought Kw had been irrauted, and
the party been obliged to pay, on getting a proper
; but he saw nu good reason ohy the
Fiailitifti might not recover at law, provided they
matte. out their case. The question the jury had
to decide, was, whether the Defondent bud made
an absolute proniise, or only conditional, in
case Batt did not pay the amount ? and le
decide upon this, there were several circuinstaaces
4he considered. In the first place, it appeared,
the bond of indemnity lied been passed so long
beck as December, 606, aver since which time it
oe Defetidaut or Batt;
had' paid the amount
t nr bond could
therefore to be inferred,
the roomy. he should
the Flatintitrom ; and,
'Ws no proof of an
to decide, whether