The British Press; or, Morning Literary Advertiser.
London, England, 1805-12-16 00:00:00

LAW' INTELLICEIVeZ.

COURT OF CHANCERY, Dee. 14.

........
IDUTTOM V. CR ATMLIER.

I

i

1050 SIANCLITTE O. 11l THOMAS PAlltllll.
On a former day we stated thi► to be a hill call-
kg noon the Defendant to le-convey certain estates
to the Plaintiff, and account for the produce of
them. with interest, since the year 1760 Th.. out-
line of the case is as follows: Sir Thomas Parkins,
and Jan., t' .e daughter and heiress of Thomas P it.
kins, Esq. her minors, and havinz agreed to ir-
termatry, a bill was luought inr• Parliament for :41-
lowing them to make• crinveyances and stotlernenis
of Jane P o kith'. estates, pursuant to the dirsolions
of that bill, which wlrr. that they should be en-
tailed in te, upon the ma'e heirs af her body. The
bill pass-d into a law in 1746 ; hot, instead of ad
heting to its dirations, tb-se est tees were settled
in fee upon Sir Thomas Parkins himself, am',
were made the subjcfl of various devises, con
tracts, in irtiage settlements, &e. from that time
is the pres-nt, Sir Thomas haviag come into pos-
session of them all, after the Jer-•.tse of his wife's
mother. The rill farther alleged. that, at the time
of these (devises, there was in existence, and in the
possession of Sir Thomas, then and ever bitter, a will
of Thelma. Parkins, snaking a different disposition of
the estates, titer the death of his daughter, from what
was set forth in the aet of Parliament ; that Sir Tho-
mas concealed that will, while the bill was before
the Com:lli:tee of the Haase of Commons, and al►o
fmns his son, the late Lord Ratcliffe, who was
the descendant and heir of Thomas Parkii s, after
his Lordship's mother, Jane, and that it was only
by aecideur he discovered it atuungst some papers
a fr,v y..l:s ago. The hill then set firrth the will
of Tnerria. Parkins, which was not dallied by the
Defelidaat, and asserted the right of thtPlaintiff
to these ca.ates by the Wills from the concealment
of which before the Committee of the House of
Commons, it was contended, that the aft was ob
tamed by frau I, arid was, therefore, of no elite ;
or even if it were valid, yet, under its provisions,
which were net complied with, the Plaintiff 'vivid
be totitle..l to the estates in question.
It must be easily conceived. that. ♦Foist the teal-
tilatious family transactions, which took place in
s ich a length of and is all of which, these
e ;tate', a share in the ' r Company, &c. were in-
velved, how impossible it would be to ant* an
intclli,gible analysis of the will within any reasestiable
compass. The therefore, is only a very
'Mr abetra& of the grounds on svl•ich it proceeds,
and, in supp-rt of which, the A rrttitt:LT-Gt:iLltAL
was heard till half past three o'clock.
The claim here made by Lord Rancliffe, upon
ealcuiation of .be re it•. and compound interest upon
them, of five pi.un Is per cent, for the term o' almost
silty years, comprehends property to An immense
amount.

C.31:11* Or CO %IMON rI.F. S, GUILDHALL-1,4c. 14.

This was an :fifties brought by the Plaintiff, to
recover damages from the Defendant, for the non.
performance of an agreement.
gerjeant StlthigEntl, on the part of the Plaintiff,
regretted that his client, who was an honest linen-
draper, had ever thought of entering into any other
trade. In the present instance, circumstances com-
pelled bins. A person being his debtor for a large
sum of money, and being unable to pay in cash,
sent him a cargo of Cheshire cheeses, these lie had
removed from the ship which brought them here,
' and placed in his cellar. The present Defendant
came there. and, after examining them, agreed to
purchase a ceitaM quantity, at eighty shillings per
hundred weight. It was agreed that the cheeses
should remain in the Plaintiff's cellar until the De-
fendant should send for them; and, accordingly, the
very day they were sent for, they were removed
to the shop, sad from thence to the cart, which the
Defendant had sent. When they were conveyed to
the Defendant's shop, he tasted several of them,
and then said that he would not take them, as they
had. been removed from the cellar about half an
hour bc:ore his cart was at the Plaintiff's door ; and
also because they had not been properly scraped.
The cheeses were immediately sent back to the
Plaintiff, who having lost many opportunities of '
disposing of them,' as they were, in lafl, sold to the
Derendard, commenced this aaion to recover the
value of them in damages, and the Learned Ser.
jeans concluded by saying, he had to doubt, when
the evidence was heard, that the verdia would be
given in his favour. Several witnesses were then
c tiled, who proved the contraft, and that the cheeses
were only removed from the cellar about halt an
hour before the Defendant's cart came.
Serjeant COcKET.r., on the part of the Defendant,
addressed the Jury at considerable length, st atirig that
these cheeses were in a very tender state, from being
on ship board, and that, on account of their being so
soft, it was necessary that the utmost care should
be taken of them to prevent their cracking at the
sides, and, in a short time, becoming, in fat, not
worth one penny a pound. This care, he would
prove, was not taken of them, though his client
charged the Plaintiff not to remove them from the
cellar, until he sent a person that knew how to treat
cheeses in that state. Ile accordingly sent his man ;
but, before he arrived, the cheeses were all piled in
the shop, eight or ten in a heap. He concluded by
saying, that he would instantly dispose of the case,
Icy calling several persons helongine to the cheese
trade, who would prove, that lying half an hour in
that way, would ruin any cheese se the world, that
bad been just taken from on hoard ship, and that it
did destroy the cheese in question.
Many respettable cheesemongers were then called,
who all declared, that if soft cheeses were piled,
seven or eight high, for half an hour, some of them,
mos, probably, would crack at the sides, and then
the fly wncld get in and destroy them in the course of
a very short time. It was also proved that several of
these cheeses were cracked. but, on cross-examt-
nation, the witnesses acknowledged, that removing
them in the cart was likely to have the satin
et el
Sir .1e mf% IA A Nirtet.D observed en the *old olee,
feitninFr tattier in favour of the Defendant, W:euse
titr,4ll In: to that P'ainfic respesainz the relao, ,1 of
t:.e chew.. out of Tr e (*elfin, he Wild, were not at
Afita=fr Jure, elite es short con.
etslia for the Plairdif—ba-