The British Press; or, Morning Literary Advertiser.
London, England, 1808-07-09 00:00:00

G.tazow, for the PLOntiff, shard, that this

an action to recover the sum of 3431. Ns. for
articles sold and lakinor perfumed. His Client,
Mr. Ha-riot, the Plaintiff, bad been formerly is
His Majesty's nave, but w. 14 now one of the Ma-
gistrates of the Thames Poiiee. M.. 114rriot had,
for many years previous to this appointment, ob-
tained a patent for making. pumps of a peculiar
construction, for working the water out of ships
(finial; stormy weather. Ileing inclined to iethe
from business, he wished to dispose of his stock on
hand, and had succeeded eis doing so, except one
set of pumps, which remained upon hand. lie
applied to the Defendant, who was a surveyor of
ships, to know if he could dispose of this remaining
set ? Louch said he ants 1 use his best endeavour*
to get a purchaser; and some time afterwards find-
ing that the Streatiam East Indiauian needed a
set of pumps, lie °Mere.' those to be sent on boaitl,
with some addition,, which were thought Eccessary.
These he ordered without stating 16 .10 the owners
Gf the Streatha:n were, or that :thy other person
was to Le liable lOr the )muse !nit himself.
Tnornas Strquei, who formed: worked with Mr.
liarriot, proved the conversation that had taken
place between his master and Mr. Louth. in July,
last year, which was to the effect steady stated ;
fiat he took the .. imps ou board ti.e Streatham.
and that the Defendant expressed his satisfaction
at the manner in which be had executed the work.
He knew of nobody but Mr. Louth having any
thing :ndo in the troasaction.
Mr. Jahn .Catty proved hating taken a bill of
parcels to the Del-aslant for this peewit 4040641 d,
when the gxeals were ready for Leung sent, sold that
Mr. Louch h. 1 stated no objection, but said they
might be sent mi board, if finished according to
his direr tiou.

Mc. PARK. for the Defendant, contended, that
he was only acting as an agent for Mtle4,3. Borra-
dill and Co. the ownsei of the ship Stredthane, in
the same manner lie had been .tccustoined to do for
others, throughout all his other transactions with
this very Plaintitf; that the hit) of parcels had
been seat nit; ely for the purpose of shewiug what
the Plaintiff had to dispo:e of; and that in the
order he gave for the delivery of the goods on
board the Street Um. he signed at the end of it,
for nary Louch.' Therefore,
previous to the delivery of the pumps the Plaintiff
knew that they were Ltended for 'Metier.. norratlill
and Co. and that Mr. Leilich was only acting. as
their aqeitt. Mr. Harriot had been in the h,thit
of deahlig with Mr. Louch ever and over ezairi,
end had never consid,red him ut any other
than as an sigfht. He instanced a case in W4:1711
Harriet had furnished pumps for Sir 11• in. Curtis
by the Defeirlatit's desire, and in which the De-
fendant was nut liable for the amount. Add to this.
that it had been siuce intimated, verb* Iv. to Mr.
Harriet, that 11Iesrs. florradill were Tide ',Mill%
to pay the amount ; yet, for reasons hest known to
Liiarelf, lie still preferred looking span the Ile-
fendaut as his debtor.

Mr. S.ioyer Spencer proved having carried the
letter alludes: to, and delivering it to Mr. Ilarriot,
and can intimating to him that he would get his
ino act upon anpliratioss to Messes. 13orradin and Co,
Mr. Dennet, manager of the shipping bui.iisss
for I) ...id colt's holm, deposed, that he had
know n i ouch iii the situ union of surveyor for It
yeas. and that he had no doubt Mr. Harriot must
bevy k•mnn 'veil, by various former transactions,
that he acted as agent for ship owners.
Mr. Borrsdill said, that his house were
owners of the ship Sirentkano ; that Mr.
Lauren was not • partner iu that vessel, but had
aced as surveyor of their shipping in general.
His house were wining to pay whatever sum was
to be demanded for the pumps furnished.
Mr. Gaganw, in f 1.14 reply, still argued, that the
Defenderst was liable for the amount claimed, the
original transaction having taker place on the 18th
October, 1837. ■nd no mention having been made
of Mr. Knn•dihl till many afterwav Is.
Lord Er.t.csaattocon, in his address, observed,
that this was a case that came before the Jury an-
der very estranrslii.-iy circum+tar,cvs, Its it seemed
to be solely owing to a singular degree of perverse-
ness that to Plaintiff had out already late', paid
what was now claimed. Messrs. llorradill were
perfectly willing and able to paythe whole arnishot,
nail yet it aepearest Mr. Harriot preferred :"•tt::az
that by ■:t seainst their itigent,which he con!::
hours got from the principal Without too.. The
cause of this si•gnharity not being before them, it
only remained for thous to judge, from the evi-
dence be ore them, as to the ileac,. of Mr.
Larch.

Iry Lardithip then reeapitnlatvil the c‘idence. in
movvt impartial manner, and the Jury returned a
verdict for the Defeaduit.

. ...
• - • - gums ••.-ssentos. . .
..• •
The PLaintiffwes a cloth-factoi-, in r.a4trgliall-
street, stud the Defendant a wool-desler and
factor iu Aldermaniiary. This netiau was for
goals sold aid delivered. Mr. 411.er, tieing hat
distves.,..i eivegin..taies, appLert tO 'a 14.tati011, a
Mr. Wa!btecl. who advanced him dia.:L*4 and paid
011 a considerable part of Iris. detitS,. la return 1
for whii7ii the Plaintiff executed a deed of assigi-
ment in his faL-aur. About tins tim... Mr. A:twr
*old to the Defendant, George, a pstr..el of good*
aluounting. to 1,30u1. and it was egre.vd that tile
reeeii is for the various Payminits s'iiiilst imply,
that they were for money gratuitously receirrd.'sas
as to elude hi. ered.t.ors.. This hei..,,: concealed
front the Assignee, this ..thou was commented for
the payment of tht whole itiaLwat. AM the put
of the I)4:fetid:nit, however, 4111 account was.pro-
(leed lietween the parties, svhertiti it balance a
20 I. was struck, its full satisfacti‘a of all claims '
44111141..m0!AP, up to the yid Deceit's-Jct., Ititt7.-i--
Plaintiff uousnited.

OftEGOilY V. PARXER.
This wan at. aetiou hrovi_cht 17 the Plaintiff. who
kept a I.ll.r.iry at Brighton in the year I g4Ainbt
the Defend t, a Qtleit,:r-tniiater iii the Army, for
various trifling articles furnished to him and his
wife, t ng to 71.
Aigi•iiinst this &lA, the statute of limitatiram was
pleothid—but duriu; the intervening period
`.ln. Parker's ret ti riling frusu France,
whirls she had left, her husband had writtetrtwo
WU*, acknowledging the debts, These his Lord-
ship thought sufficient to remove that tae from that
statute—. vs. Parker having been one of the par-
' ties alio had assisted in contraLtit.g the debt in
question.
Verdict for the Plaintiff, 71. lOs.
HALL r. unarm.
This was an action brought by a relation and
partner in trade,. against another, for lasi...sent of
nearly 10,0091. for goods sold and delivered. 111.1.4
sum the Plaintiff sought to recover Isv virtue of a
judgment obtained in the Court of King's Beach
at Quebec, and also upon an account previously
Niggled by the Defendant bitnself.
A point ari -ing as to how far this judgment could
be deemed finial, a verdict was given in behalf of
the Plaintiff, subject to the opinion of the Court,
to be afterward's:ague(' upon a special ease.

COURT OF COMMON PLEAS, :ELT

ALLIS v. LENNON.
This Court was i'reir the greatest part of the day
engaged in this czuse. The partied went Mr.
Allen, a very respectable tailor, in Boudadeeet, sod
Mr. Lennon, a Captain of a Merchantman in the
West India trade.
The-case, as stated by Mr. Serjeant Beres on
the part of the Plaintiff, was, that his Cheat, Mr.
Allen, through the agency of a Mr. Smith, had, in
the year 1804, soil to the Defendant certain arti-
cles, consisting of clothes aud other 'good. in his
line, under a contract that the Defendant should
.dispose of them at the island ol Madeira, and I:ty
out the amount fur which they sold in Madeira
wine, of the best quality, which he was to lakeiriili
him to the West Indies, and bring from thence
bone tp this post. The goods es sletrvered Fero mold
at Madeira, ands/ales were bought by the Defend-
ant, and taken with him to the island- of St. Kitt's.
During his stay there, a hurricane took ptace, and
the ship was driven an shore, but the wine, were ail
saved. The Defendant returned to England and.
assured the Plisioti.l that the wines acre sofa at fit.
Kitt's, but that the goods which lie had talc .n out
from Mt. Allen were sold at a loss of Iti per cew.
upon the invoice prices. however, he had taken
tao subsequent voyages, alai no return either in
wine or money was made to the PlanatiS for this
property ; but 'mitre the action ass oomincin ed, a
sum of seventy pou.:ds was paid by the Defendant
into Court, as the only balance doe to the Plains
till', in consequence of certain alleged losses which
the Defendant had . iergoue ut St. hut's, and
other expenses incurred.
Mr. Smith proved the contract, and the delivery
of the gooJs to the Delendset. 1k •.() has a
couversatioo subsequent to the return of the D..-
feinlant from the West Indies, in which the latter
r:LiJ the wines were at St. Kitt's ; but that he was
obliged to sell the gwicks at Madeira at a consider-
able lose.

Mr. Beckett, the Agent of the Plaintiff, proved
eertsiu conveniatious he had with the Defendant,
iii which he er!'mitted the contract, but wassinsisies
for time, under an apprehension that Mr. Allen
would sue drain for the recovery of the amount.
According to the iii%oice of Mr. Allen, the price
of the goals amounted to three huudrvd and
eighty pounds, end upwards.
Mr. Serjeast Soix►ttsfto, on the part of the Dr.
fendant, denied that it was a acmes fide sale to the
Defendaat ; it was merely an expedient of the
Plaintiff, who was one of the most fashionable
tailors at the West end of the town, to get a
market for those old shopkeepers, which, though
no longer mil able amongst his gay customers in
Bond-street, lie speculated would find a market in
the island of Madeira, or, if refused there, in the
West Indies. It was true that the Defendant
was to sell them to the best advantage, and to make
a fair return of the produce. Gut it was idle to
call him a purchaser, when helms deprived of the
power of selection, and was solely to depend upoo
the option of Mr. Al:en, either as to the quality 07
fashion of the clothes which it sae ettempttil to &et
up that the Defendant had purclsesed. He had
merely taken them to sell on commission to the
best advantage, and accordingly disposed of thew
at hfar,en-a. 'l•he Millet purchase,) by their pro-
ceeds he had taken to St. Kitts, where, is cow.
pany-with every other ahip oaf that island, his vessel
was almoet wrecked by • hurricane ; so much se,
that the cargo and vessel were sold together fet the
btosnt of the Cuderwriters. Among these, a cer-
tain proportion of the wines was sold by public
auction, in consequence of the Defenilent having
no opportunity to it with him to En;,sland :
and the proceeds or that. after the dedoctioa of
certain onacisidande charges, were paid ioso Court,
to the amount of 701.
Mr. John Dixon was then produced on the part
of the Defendant. Ile stated himself to have been
a Captain in the same trade with the Defendant.
aro' to have been at St. ILitt's, at the tine: of tt:•e
hiuricanein the year 1804. All the thipt then ea

..ommunic.:tion then took place betwe
re.pectire a4euts, warn the question was t
to his Lordrll;l,,, t ateilte out ',Attica* a:
cific .uua. by tut:tual consent to the Ji
their verdict. The awn of 1301. exelosive
701. paid into Court, WWI aqtetii to hy the
which the Jury confirrne.i by their verdict.
wrecammierwr
WES SESSIONS, Jur.'
Before Mr.

NittrwatlKc, sad
Mk;istrates.
Jahn PkiPips oat bytieted fir sbralinz
handk.erchier out c'. thy 1 ocket Alf Mr. .Littai
den, a Midshipman, belonging to the Royal
in St. James's
_Park, on Thursday mo-..i.i
(taring the time the Hone Guards were ft:
lie was found Guilty, and sent-nced to be
ported be sores years.

ROBBING TIM NG'S CLOSICT.
short tiasKaiaee, Mrs Breademberg, the weer
men belonging to St. James's Palace, went into the
Omer, when she observed that two valuable silver s
which came from Masooft, wire tuissiug ; 'Le, io
Quince, went to Mr. Mask, t.::>.Lr Clerk L.%) .giog
Lord Chautherbibee Mee. to Lquhe if he load g.rea
ties for their relit"! ? lie astocrw.s tier is the 6,1 p
:equities wore owl& aestrectutg War, taut so iota
mulatto proeisrad. mad at kaztli.thric was it &nee
twine.] but the.' had tiara stolen. The uisb '• :Ara
platers wbu had beta at wort la the nun:.
Towa•head woe irmi 'eyed to eintectesse to I tv.leor t
petty, and to demi sir. alsesewasphavrc, obi
Ise. busts ty Towetktod.. temitikk a
.pereobsobgeb
r• e steel, whirrs-lb:wit to gin e t re up, withoet rockily
mosey the. were pledvest foe.. As tt.e thief was wet
Cody, ?ft. Nal* scat t. a moaer,• and reeirafrai pa
of tf,eve.
lists?ici." 'oast, within these few dups. (elks goo a
who had beeseroployed for a ~.tuate4. of • ears by Pm
deaterc to cleat' the Filsz's Cheek sterier
when Tdonshowi awe lolursait her :-,arced t!
1,,d ilroewed benelf, burswal ,:iibt, ti. the ,hi
the Creeo-Pork,- which Ferret+ ; I..st. She'
iv about o'clock. The Zari of ifolellitek.okisoit
Ls siwdue, awl ISM her. Ihe Noble k. 14..tritb I
1.4 ee,eants, h.st,oed to the spot, sod entry f
isiserVea hi get her outtl•lfett It was full an boot befui
ao•erwled, and there was nut thee the least proap...et
storiug life.

S t(2ItILEGE.
Mr 440", kolings.,wbu List wwk. pike setressl as
Gun before the LOU a'3l/ ALA. dam awapit
rubbing the church of !St. Mazianabutwerla, Pasha,
street, .4 plate to a eons•terable ambulant, was bewail,'
before his Lordship yesterday. Ile was Are...led is,
sad Mr. IC usspp, a VW Ctt-sel. We Saws
eta/el, tt a watchman swot, be saw aam c.nne tisl
- church, abort s tirtealt, oat lliday, with a bundle and I
and that Mr. Itwailly was apppeqpil to be the luau •
Tie•defirnee art op fee Mr. Ransil', yesterday, war at
If was p.uSed by the amid servant of Mr Dodd: •gton,
31, Upper.ll.-wels-street, tint the prisoner cabal
tauter. at bs Loose, abort bait past three on 1
—Anodise samosa .A Mr. Modstiaguni a:Jed, ti
bad Wen alas these in 'bitterly part of the &bine day.
proof b.iagsatistalawy to the LARD kg 'Clan, sad i
respectable persos• heath( Ines eeistraee, in support
character ref Mr, Iti,aailly,lse was assordingly amebas
Thc Levert was er.e.:ed • iii. paths**, Noel of these I
of Mr. Itemailft.
mow•er
The yoemg 'ovum, whoa we stud t.) t are been
a few eveninp since, with her throat rut, near Haar
is recovering, sad ram speak a lilt* When she is
who cut her throat sothing car be g..t fr..rii ter but
tuns I" Me. Sum, the anrceue, who sewed up the •
is of opvhisa, that she is losses, arid tAlicted the 'roan
TLe young swan who was takes into castulir of
piston of butriita cut her throat has been discharged•
tilsatitit cute him a sewers etsati,n and reprimme
told 11:ni there newer was a osta who Intl artc4 sadre i
death, tLe woman's Itloody bradkerchaef was fuaad
him, and im rose tbe wows,. bad. stied of her wwwnst, it
hare bore the greatett slAculty possible fur hiewmatisfa
to here ambulated Lie it.

A crime. eon. attended by tin utast iiistri
eirennwtanccs„ will shortly be before WO! p
The w.fe of a worthy and opulent citizen has
riiierteal In an iutrtgise with her gardeue:.
dlecovrred bv 'the son of her hiisharul by si ft
marriage, said co:ninunicate.l by 1 to his fs
who WAS so artecteil by the relation, that h
Glue deraiiiqd, mut continue* in that wrachi

.
Eight Drays to dravr.—Sia Tareoty 1
a.suJs, besides felos, ri;irs, Twos, Ones.
11.44 :de! Ike. A Ticket, at 2i.`l. Go. or Ti
as.e amount, way be had atlioassay and I
liad should purchaser choose to ;alum thea
idles thee best tey'Sdrawin4, (if undnownl. 11124
crier Oh ; one: the fotnth c!../
the filth day *4.1. 64.; a prom of 31. in
T.l k•et to the adscaturer. A r;.ance ro yak
lias not ben pretewed to the public for e
year,. Tickets and Shiny/ are warn,
s. Holasay and Co.'s, St, Cora
52. Ch.iring-Croas, and St. 111huzaret's Rids