The British Press; or, Morning Literary Advertiser.
London, England, 1822-01-29 00:00:00

the tea ler of hispection of the books to * Plaintiff for
nearly tio year% after the diatilutioa, was awn in Weis
when the inquiry was executed, and gm* maw be pro-
(lured.
4th—That the Plaintiff, in Ili answer to the bill filed by
the above Defendants against the Plaintiff, in equity, fur au
unseat, dues nut swear to any specific damage suataioed.
by the Sib and 9th lei Wan 111. c. 11, s. 8, the
agony ought to he executed b. fore • Judge.
The Learned Sajeaut then said, the rya was shortly this:
That the Plaintiff sod Defeudants bad beau in copartner..
chop together for about eighties, awaits prior to the 310 of
• December, 1814, when auth parlaerahip sabaqinestly
slissoMeil by a deed as and frum that day, and io which deed
it wag stated that 600/. was to remain iu the Defendants
t. sands to otiwer the Plaintiff's proportion of any"clains to
which I.e might appear to be liable ; and that at the end of
. ....te rlf as aroma should he rendered to the Plaintiff, the
... ;ratios roeenantiog, to produce the partnership books to
;•;iiiiitiff at all resecoiable times. The Learned Cotta-
ge' thin acid, that by the affidavits he held in his band, it ap.
- vas,' that an account bad been delivered to the Plaintiff at
.ne end of the year after the disaoletion, sail that the
cal then requested to attend and examinee such tircount
with the parteership books ; sod also that other accounts
bail auhieqiiently bees delivered to Plaintiff, and that be bad
repeatedly been requested to attend and examine such ac-
count% and compere them silt') the books, which he de-
iiir.ed doing. That in September, 1816, the &fee-
-4:1:$ formed a new partnership; nod to May last the
PM111:1ff claimed the inspection of all hooka wherriu
a Li, isms were entered in which he Wry interested,
• fLe new paiinerabip having been formed, they could nut
..i•tentle allow an unrestricted inspection of such hooks;
the Defeo:lents were *bays ready to go to a fern-mar
;cording to the piovisious in the decd of diasulutiuu. By
ire affidavits it •11.1.4 appeared dotage' whether any part of
tie 600/. remained dee to the Plaintiff, and whether, is point
• (fact, he was out isidebled to the Defendants its this catty.
It way, however, fist not being permitted to inspect the
books in the manner and up tat the lime required by the
Phtiet.ff, that.tim . presept acacia was brought. 4a rte.
Viol fur damages! we grime' damage baring been ree.
limed, *tibiae's nominal damages roust be allowed;
but, lan-traPs to all floatation., the Jury bed gla* 3001.
classiness. Now,llto Defewiloots einseeiving, and rationally
conceiving, that nothing but nominal damages could bo
Liven on a breach of conemat if this sort, did out put them-
naves to she ei peisee ofteloging up the witting from Wales
to prove (as the fart was) that WI actual damage bye been
sustained, and so it happened that the Jury gave 3001. eta.
Ciente Julritea—Who attended the elect:Hoe of the writ
of inquiry?
Mr. Serialist HULLOCII-1 did, my Lord.
CHItTJUsTICI.—WhoL was the evidence ?
Mr. fieripuit n 1111.1.0031-11 was an action after a lapse of
• six year% there befog a clause lo the deed to refer all mallets
in different* between the parties, which we offered to do.
Mg. Serjefaut Vaintan—All which matters being already
beriegili nate Oa Wei y.
Mr. Jnatire BUILILoUGH—Who filed the bill ?
Mr. Serino. VAUGHAN—We did before the execution
of the writ of inquiry; and all the secousits will he
.Waxen in that alit to a short time. The Leaned
..Vsstast) bore rd (erred to the deed of disaulutioa, to shew that
.kjufillug seas driven 11110 Chilllt ery, but that a general se-
annot Insald In taken of all the affairs of the parmership,
moil that there could he no preteure fir actual damages; that
the above Plaintiff himself, In his answer to the bill filed
bettor Defendasas, heel oat veatered to swear that be had
aoriairied any specific damage. The Leased Serjeant then
odetweild,to tile "agate of William, by which be said it was
gooritiekliet writs of inquiry fur the nun-perfornsauce of
entree/ant should be executed before a Judge of Assize,
witite• litaltele was made in favour of Defandauts, being cal.
rotated to protect them against the otressity of proceedings
lit egaityo to obtain relief in eases where small damages
Gala hate nerrood.
hires the Cuter Jensen inquired, whether the &feud-
onto would sow refer the accossots
Serjeant VAUGHAN—I am quite ready to refer the
is 'cote of the accounts, and the bill is equity also, au as to pot
14 rod to the conical between the parties.
. Mr. Justice Itotteorou—The damages bad belles
toami staid the accuse! shall Lee taken and ascertained
Mr.-Srrjeset HULLOCII—They should (laud as a seen-
I'M. hut my client is nut here.
Mr. &vies.' VACCHAN-11 have no objection to the 114-
atm*. rtaadlug as a security for what, if any *hire, shall,
*pip the taking the arosoinia, be fused due to the Plaintiff.
. Justice PAWL—That is perfectly well understood.
' 'Let it stand over until to-morrow, that Mr. Serjeant Bullock
-may *deiae his eliewt.
JANUARY 23.
JOHNIOW agaimast MOLAR and Drills.
This ease stood over from yesterday, to enable Mr. Ser-
geant Hut.t.oci to nseertaie whether the Plaintiff would
adopt the recuntmeadatiosi of the Court to go to an home-
dmate reference. This roorniug the Learned Se.jean, ie.
'famed the Court, that hi client bad declined the recoils-
sr initiation.
Whereation Mr flajeast VAUGHAN proceeded to address
Jake Court is support of his motion ; when
The COUNT observed, that the principal point now en be
attended to was, whether the damages were exCesaise! The
Joey, by giving 300/. damages by way of penalty, might (if
Its aerostat ultimately proved against Defendants to the
▪ of the 6001.) oblige Defewilants to pay 9001 which
could not be intended. The justice of the case appeared to
be aids the Defendants, and, therefore, a rule to stew amiss
bauuld be granted.