The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-18 00:00:00

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LAW INTE EL IGENC4.

COU2T OF SING'S BENCII, 1.11111-9/IALL,JeLf 17.
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Si:11,7110 al Nisi ?Art kfvre Ltd E I. Li II 101t0V3H.
MM. V. BRAT.
This was an altion brought to recover the price
of a horse sold by the Plaintiff to the Defendant.
Mr. Easton', for the Plaintiff, stated, that the
Plaintiff, who was a stable keeper, had sold the,
horse in criestion to the Defendant for 271. and at
the time of the sale he enraged him saund, eteew
as to A cold, which he then had, and of which the
Defendant was aware at tha time he made the nor-
chave. After keeping the horse fourteen or fifteen
days, the D•fendaia sent him hack, with a letter,
saying the horse was gbindervd, and he was surprised
the Plaintiff would sell him such.
Several witnesses were called, who proved the
horse had he strangles, or a little cold, at the time
of the sale, which the Defendant perteEtly well
knew a ; aril that except in that, he was, and had
been for a long Antecedent period, as sound as any
horse in the wrirld. It appearing, however, that
there was a warranty on the part of the Plaintiff,
as to the soundness of the horse at the time of the
sale; and Mr. Coleman, Veteli tsar y Surgeon,
proving, that the horse was by no menus sound at
the time, the Plaintiff was Neassiited.

14 )11111C41 MOY•L D. IMAM APLATO.

This w is an .Rion for work done and labour.
Mr. Easetss. for the Plaintiff. stated, that this
alion was :sraneht by the Plaintiff to recover some
wages which were du to him, as a servant, by the
Defendant Both parties were Portugue,e Jews,
and, arno .g rosily other., hid left Gibs altar at the
time of the dreadful contagion which inteCted thet
imp octant fortress. It was a well-known WI, that
persons who had bee-, attacked by this distemper
and recovered. were not vulnerable ever after, au
they, might mix sith persons Select without being
*fleet •d themselves. sneh, he said, was the case of
the Plaintiff. and he had been for some time em-
ployed. in cleaning houses where the disorder had
raged ; he was engaeed in this most useful occupa-
ron, when the Defendant, who was making his
ew-..me from that country, hired him as his strew,
at th.y rate of a &Mar 4-day. • He attended him
during his VOVALZ,. and when hit .came to this coma
try, he denied he had ever e•m-sloyed him, lied east
him upon the world, us shift as well as he could,
....r himself.
The Mate of the ship, and some other persons,
ru.ssenge•s, were called, who could only speak as
to the Plaintiff cooking for the Defendant on the
voyage. but could not prove his doing any teller
domestic office about him. One whne-s proved.
that he went with the Plaintiff :o the D. fe 'dant to
demand some wars, when the latter promised to
pay him after the passover.
Op the part of the Defendant. it was contended,
that ace's, iing to the Jewish custom, they generally
dressed their own viftuals when they mixed with
tChristianc., ar...!, in many rases, their priests alone
could kill their meat. In the prasent :nstat,ce the
Plaintiff bed merely cooked their iseAt in common
with the other dews im board, and had never been
employed as a servant by the Defendant. who
merely paid his passage for him thmegh charity.
His first demand was ;11. than 231 ..dert„4,sl. alad
now it amounted to SO!.
Mrs. Bare •t, a Jewess, passenger on board i:l2
ship, was called to prove these ft Js ; tut, on the
contrary, she stated an absolute promise, on the curt
of the Defendant, to pay the Plointiff, his wag.s.
The Jury, accordingly, found a verdia of 31. 3s.
darnagea for the Plaintiff.

PA ENE •. WHALE.
This was an a 'lion for money had and received
The Plaintiff wars a horse Itsiler at Clie.well, to
Buckinghamdiiii.s and the thr::r...lnnt the pi o-
prietor of the bzii Inn, at lslewoi tn. The I.:e.
fendant had sold a bay gelding to the Plaintiff
fur 364 17s. which he en ages to take hack, and
return the value, in case he.should prove unsound.
After the Plaintiff had him for a short time be dis•
covered the horse was quite udsoun,i ; whenever he
exerciied he inse.e a great noise in his stomach, oc-
casioned by an enlargement in the lungs, and, in
short, he was a nctortous roam.. Several witnesses
were called to these fats, when, on the other hand,
several more mole in dire.t contradietion to thorn.
Lord F.t.t.cmcoeounit left it entirely to tl.e jury,
who retired, and shortly after returned a swat& of
%I. 17s. for the Plaintiff.

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47K -

now... v. atiowsixo.
This was an aftina brought by the Assignees of
George Wardel, a Bankrupt, to recover a corn of
between S and 4001. upon a policy of insurance.
The SOLICITOR-GeresAL, for the Plaintiff,
stated, that Mr. Wardel was engaged in some fo-
reign mercant le transaftions, the last of which was
a voyage to Madeira, in a ship which he freighted,
ceded the Mae. from whence lie took wines and
other commodities to bring back to England.—
During his absence, his wife effetted policies of in.
surance with Mr. De Beaune, upon this ship, which
WAS afterwards captured. Mrs. Wardel -kept the
policies for some time ; but, by some stratagem of
the Defendant's, who was a boil fide crei tor of
Warders, De Beaune got back the policies, and
received the dividends thereon. The Defendant
then toed out process in the Mayor's Court of Lon-
don, and attached the money in 1)e Beaune's hands,
who afterwards paid it over to the Defendant, for
the recovery of which this action was brought by
the assignees, who considered themselves entitled
to it.
Some objeftinns as to the aftual trading of the
bankrupt took place, upon which, however, nothing
turned, as antecedent buying and selling were prov-
ed ; the other fads also appeared in evidence.
On the part of the Defendant it was contended,
that the Assignees had no right to recover this
money, upon the following
~',rounds—lir.t, the pay-
ment having been made to the Defendant under the
authority of the fuggign attachment, issued nut of
the Mayor's CntirUcif London. Secondly, that
Wardel had been twice a bankrupt, previous to the
commission under which the Plaintiffs a.Sted ; that
the present commission therefore was the third, and
in the second commission, the Bankrupt's estate had
not paid 15s. in the pound, and conseqnently all his
future effe.ffs were liable to his debts proved tinder
that commission, pursuant to Aft of Parliament,
and therefore the sum which tile Plaintiffs now
sought to recover was the p; Terry of the Assigi.ces