The British Press; or, Morning Literary Advertiser.
London, England, 1821-01-11 00:00:00

,

LAW*INTELLIGENCE.
COURT OF tint's BENCH, Gunotuzz,
WSDNIBIDAT, JAIIII/6110f 10.

Before the LOAD CHIEF JUSTICS tad C*lllllllo*
Jwriss.
This being the first day of the adjourned sit-
bogs, his Lordship sat at Nisi Prise.
WELDON V. BALCOMDZ.
This was an action for money had sad received.
Mr. Gnaws' stated the following facts to the
Jury :—The Plaintiff' in this collardC4ptain in
the East India Company's servic4V iwa n the
year. 1809, intrusted the Defendeed..who was •
mercantile agent resident at St. Helen. with 120
bolts of Bengal canvass, with direetkows to Pell it
by public auction, at a price which he limited; but
if the canvass would not fetch that price at St.
Helena, he was to send it to Mr. Anion. the
Plaintiff's agent at the Cape of Good Hope.
Eighty bolts of canvass were sold agreeably to the
Plaintiff's directions, but' the remaining 40 holt.,
instead of being sent to the Cape of Good Hope,
Were, by the Defendant, seat to a Mr. Hall. an
agent of his own, at Rio Janeiro, and sold there.
Au account of sales, stating the net proceeds at
121/. Se. 2d. was rendered to the Plaintiff in 1810,
and an order given to receive the money from Mr.
Hall, in England ; but the Plaintiff had never been
able to find Mr. Hall, and had not received a shit-.
ling of the money. Under these circumstances the
Plaintiff brought this action. to recover the amount
of the 40 bolts of canvass front the Defendant, as
he had not complied with the directions of the
Plaintiff in the mode of disposing of it.
The Plaintiff's instruction., dated May, 1509.
and the account sales, dated 25th August, 1810,
were put in; as also a letter of the Defendant to
the Plaintiff, dated sat September, 1819.
Mr. MARRTATT, for the Defendant, contended,
that the Plaintiff's instructions had been complied
with. it being necessary, for the purpose of getting
the canvass admitted to entry at the Cape of Good
Hope, that it should pass for Portuguese property,
and to that end it had been shipped by the De-
fendant for Rio Janeiro, to be sent from thence to
the Cape. He admitted that Mr. Hall, to whom
the canvass, with other goods of the Defendant, was
consigned, had soil the canvass, and never account-
ed to the Plaintiff, nor paid over the proceeds to
him ; but neither had he paid it to the Defendant,
and therefore if the Plaintiff could claim for this
canvass from the Defendant, he submitted that the
form of action should have been hover, and not
money had and received.
The LORD CHIEF JUSTICE said, he had great
doubts on the subject ; bat as the case presented
itself now, there did not iippesr to be any thing to
leave to the Jury ; he should therefore neasarit
the Plaintiff, with liberty to move to eater a ver-
dict for 121/. Si. id. the balance claimed. He
thought that if the canvass were sent to Rio Jane-
iro, on its way to Mr. Amnon. at the Cape of Good
Hope, under the Plaintiff's directions, it was so
sent for the purpose of contravening theiffavigation
Laws, and the voyage being illegal, the Plaintiff
could not recover. If it were sent for sale to Rio
Janeiro. as the best thing that could bottom for
the Plaintiff's interest, then Hall must be consi-
dered as the Plaintiff's agent, and he could not re-
cover against this Defendant. If the canvass were
sent to Rio Jeneiro on account or the Defendant,
as the account sales stated, then the action un-
doubtedly should have been trover.
The Plaintiff was accordingly called.
The Contr was afterwards occupied in trying
causes of no public interest.

OLD BAILEY, I -•1111/ARY 10.
Yesterday these these Sessions commenced before the
Right Hon. the Lord ►Mayor, Chief Baron Richards,
Mr. Justice Holroyd, and the Recorder.
The Calendar, it► extent, is comparatively small
with those we have frequently seen lately, both with
reapect to ►rumbers and enormity of crime. The
following is an abstract of the Calendar
London. Middlesex.
Burglary
Forgery 0 1
House-breaking
Returning trout transportation 1 0
Uttering forged notes 3 9
Highway rubbery 1
Stealing in a dwelling-bouse 0 3
Possession of turgid notes
Lsrcetries
Stealing from the person 0
Embezzlement 0 2
Uttering counterfeit money 1 0
23 100
T0ta1....
HIGHWAY ROBBERIES.
Joseph Wooing, aged 19, and William BaNeek,
aged 22, were capitally indicted fur usssultiug John
Hall, Seq. oil the King's highway, putting him in
fear, anti taking from his person a gold mated►, two
gold seals, and a gold key.
- • case on the

Mr. PLATT stated the part of the
prosecution.
John Hull, E.q. of Russell-square. tlanoverien
Consul-General. deposed, that it little after five
o'clock on the eventing of the 10th of November,
as he was going home through Drury-lane. at the
end of Charles-street. as he was in the act of tots"-
big, he received a thrust in his left side, from a
person standing in the cross-way iu Drury-line, at
the head of Charles-street. Not liking the salute
he received. lie turned isito Charles-street. and
there saw a mall. who .tood with his face towards
'situ, and *hewed an inclination not to let him pass,
bat before be could ask him what he was about. he
received • blow on the head from behind, winch
was so violent as to break his hat, and cut hie head
in a desperate manner. The blow made hint stag-
ger forward, when the insti in front of hint called
out, " Where are you pushing to ?" and he im-
mediately missend his watch. lie fell with the force
of the blow, and on his recovering himself, lie saw
• person with his watch iii his hand, who afterwards
ran up Charles-street. The witness attempted to
pursue him, when he received another blow, and he
thought it was time to give up the pursuit. On
returning to Drurplatte, several persons came
arouud him, and sod, " Good God, Sir! what is
the matter with you, you are all over blood ?" He
was so much agitated that he did not know be was