The British Press; or, Morning Literary Advertiser.
London, England, 1808-07-14 00:00:00

COURT OF KlMss BRIM!, WLsyyntrrya, JULY 13.

•.
CUMBSII3 V. GULLAN.
The parties in this action were both horse-
dealers, and it was brought by Mts. Cumbers, to
recover ieL the value of a mare hired from her by
the Defendant, which had died, as was alleged, by
being over-ridden. It appeared, that a Mr. Foster,
of the. Audit Office, Sotnerset-house, had been in
the habit of hiring horses, occasionally, from the
Defendant, who, alien unable to accommodate has
customers, hail authorised his hostler to get horses
from the Plaintiff. Upon Thursday, the sth of
August last, this case accordingly happened ; Mr.
Foster caned at Gullail'e, wishing a horse to go to
Woolwich, to visit a brother belot.,,,aing to the Navy;
'but the hostler not being able to fisonsh one, went
to the Plaintiff, and procured the mare in questiod.
From the evidence it appeared, that this mare We,
apparently in perfect health when it set off to
Woolwich, bat on its return it was evidently
overheated, and Mrs. Cumbers having considera-
ble skill in the veterinary art, thought proper to
administer to her (arca Sall Or two of Fier own
preparation, together with a tankard of ale. This
remedy, which was intended to cool her, had not,
hem e er, the desired elect, for the mare languished
unit. the Sunday morning following, when she
died. Mr. Foster's evidence shewed that he not
having met leis orother at Woolwich, he rode to
General Hurst's, about three miles beyond that
place, where he understood he was upon a visit.—
There not being rosin to at commodute the mare at
the General's, the coachman took her to a neigh-.
bouriug inn.—Next morning, Mr. Feiner and hi,
brother set off for Woolwich, the one walking and
the other riding. When they reached Woolwich
Common, the artillerymen were Erin at a mark
across the road, which started the mare considera-
bly, and in order to get her to pain than, Mr.
Foster had to apply his spurs and his whip with
some degree of violence, sad leaving his brother
at Woolwich, he pushed on towards London, and
reached Mrs. Cumbers at twelve o'clock. The
mare, after its decease, was opened by two far-
riers, in the presence of several others, in order to
ascertain the real cause of its sudden death. As
Doctor. often differ in opinion, it so happened
the present instance, ter the one farrier attributed
the inflammation, which had evidently takeu place
upon the lungs, to it, having been over-ridden.--
and the other to an indispositiou of lotig quoting.
The matter thus depended upon the weight of the
corroborating evidence upon each side, to strength-
en either of these assertions.
The Jury gave a verdict for the Plaintiff.
WHIT rINGICILY V. DUFFY.
This was as action brought by a journeyman
carpenter against a masker builder, tor an assault.
It appeared- that the Defendant emploi ed the
Plaintiff and his father to do some work for him,
at a bons• upon the Hackney Road. Upon his
vetoing to the premises, on the bah a hieeeisdeee
last, Ending some par. of the work had been wrong
execute:, . Ludy flew into • violeut
and poi,beil the Plaintiff out of doors. Upon this
toe father and a..other workman interfered, and in
the... turn assaulted Defendant. It thus ap-
, .s..etl. that there w • errors upon both sides,
.. ..ceordingly, by the anretition of Lord ELLllN-
soitogas, a Jaror was s r t drawn.
HARWOOD e• LOVAS.
This a..a an feline treog:it by the Assignees of a
baakrapt. named Odell, to recover 4004. the
amount of a Loud due by the I Nffendant to tle
Bankrupt, not upon the ground tied the money
had not been 1 aid, but because the Defendant was,
at the tune he did pay it to Odell, is the knowledge
of his crtditre being insolvent, e a • bankrupt.—
A legal point arising upon the construction of the
Act of the luth of Geo. 11. a was reserved for a
subsequent case ; and the Jury being of opinion
that the Defendant had no reason to think Odell
, was a bankrupt, merely an account of his having
brought a writ of error, to gas.. time in an action
brought against him, which was the reason alleged
why he. (the Defendant should have known of
the bankruptcy, found a Verdict for the Defendant.

COVRT OF COMMON PLUS, lots 33.

gatings at Nisi Prima befare Lord Mir jus-
tice 3141,61171L1.D. sad s Special Jury.
CRIB(. CON.
FOWIAR e. HODGES.

Mr. Serjeant O: snow stated the case, and said,
this was an action for damages, brought by the
Plaintiff, so Attorney of that Covirt, a respectable
man, end of irreproachable character, against the
Defendant, his articled clerk, for a criminal con-
s emation with Mrs. Fowler, his wife. He then
proceeded to state that the Defendant was not so
young a man as the Jury might suppose from his
being an articled clerk ; he was twenty-one years
of age when recommended to the Plaintiff, and
it was singular that he was recommended by the
in a with • horn the Plaintiff served his clerkship.
The Plaintiff had been married to Mrs. Fowler eser
since the year 1787 ; he had had four children
by her, three of wheat were dead. and one we.
living, a Lieutenant in the Royal Marines. During
the whole lapse of time since the marriage of
the Plaintiff and MM. Fowler, they lived in the
greatest harmony, she having acted with the
utmost prudence, until the time the Defendant
became the Articled Clerk of the Plaintiffs except
in one instance that she chewed symptoms of being
were extravagant. on which the Plaintiff withdrew
from her the management of his household affairs
except in that one instance there never had been
the least disagreement between them. Unfortu-
nately, the Plaintiff, though only a man of 40 years
of age. had, in a great measure, lost the use of his
from s nail cold caught about eight setts
ago. en the kiities birth-day, ;t haring owned site
a:.oie of the day, and he being a 'Volunteer. wits
'i4cd in be nut. His Physician had ordered him
tat !race a sits: ate bel from his wife for Seale yea:s