The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-19 00:00:00

HOLMES ft ' I.

This was an a. ion brought to recover sin*, I
diti,ursetnents on acct.dia of the Ileiendain, a Bpi..
ward, as the owner or a vessel ceded the 1. orsokra.
wields he refused to pay, sinew:lg that hew as not
tn. owner, but had oi.ly been employed by tile
itaintiff and a Mr. Dclattintain• to navigate her
1,...,1 London to (*laden*.
kiorn the evidence it appeared that these three
persons were all conneeled tuAetber in the tuncetn
of tuts ship, which had beta purchased at Boulogne
before the commencement of We War ; but tor !Ma-
sons keowu may to nutters, they thought it pru-
dent not to let We world know to wawa she ado-
-014 belonged. The vessel went to sea, but proved.
to be uuturtuttate, which occasioned various losses
and expenses, and so lung as at.y ffecuatrus were
waste, or likely to DO made, aobesty would awn
her. Otte \Vanes'. a Mr. Benjaintn Samos proved,.
that he. at the desire nt the elanitti's attorney,
went. about nine months ago. to bli. Fraucni, in
Cra,en-Streel; as soon as it was known he had at.
rived in this country, and put cm taw questions to
h:rn for the purpose of getting him to acenowledge
himself owner. As the I)dt:indent could sot "peak
k:igiish with tacility, this Mr. Smith tool wan him
a another witness, as an tutarpreter,
well acquainted with the Spanish language, and Attst
giving mu} (the Detendant) reason to oelieta Wet
souwCOISSIOCIabIe benefit was likely to arise from the
adventure in which the Ftrsaws had bees en:-
gaged, they got him to acknowledge, in broken
ningtish, that lie was the owner. site lea was,
lowevw, that although something was atittaily
die to those concerned, the demands exceeded the
panda. When the oe:cadent heard tins, Ire dal
sot receive wese witnesses so cordially, and against
this Attica now pleaded, by big Counsel. that he
was Rarely employed by the Plaintiff, AS the Cap-
tains upon the voyage that vessel had pertortuart.
&ging the Plaintiff and Mr. Delatiantaine were
the owners, and had employed him in that capact:y.
fire PAWL; for the Defendant. further stated,
that this appeared to be one of the grossest frauds
at wild be practised against a Foreigner, and
at there was no truth in the allegation that he-
ld any concern Wh.a..Lver with the vessel, he haw'
g never touched acs single farthing arising front
e put chase or wbseldent sale of twat vessel.
While Mr. raise was proceeding is the defence,
erd tst.t.sesuaeuon pit it to the Attorney-
kneel, who was Counsel for We Plaintiff, wha-
ler he inengfet it necessary to go further, as the
,cake seemed to bare arisen from this Foreigner
at Wig aegis to speak she Boreal languagel It
sight indeed be possible, that besides his eZs,.g as
:amain, he might have had some concern with the
reight, or might be a joint-owner. lie should,
erefere, recommend a non-suit, which would not
reclude the Plaintiff front bringing the question
Kale before the Court upon a case, and adducing
ifitional evidence to prove the real facts, upon
fme future occasions and he shouldscertify accord-
fro Ws the Attorney General, after consulting
rich his theist, agreed, and the Plaintiff was AC.
6,1111611 ass-suiz..d.
• 01.1111i1110 P. /ROWS!.

This was an adion of troves. brought by the
lamtiff, Thomas Caroming, Esq. of Lasetle.coort.
'chickens. as indorses of a Mil of !adios of. 33
pea of Madeira witie, and 20 pipes of brandy,
ZObit Mr. Brown, the Captain of a ship called
^- lirtioonia, who was in Oils case only a nominal
i temlant, he being indemniGed for the Contit,
tences of this attion, by a Mr. Philip Jenne * Mer-
iant to the Island of Jersey.
Mr. Fame, for the Plaintiff, stated, that Mr..lean
id been in the habit of making large consignments
l various kinds of merchandise to a Mr. Edward
Ida, of Logsdon, who had lately beciime bankrupt.
b the 16th of February last, Mr. Jean mot this
it of hieing to this Mr. Main, and the questioo
ni whether or not it wet in his capacity .of faftars
as en salmi purchaser ?because lithe goods wire
Liy consigned to hien, he would not indorse the
a of lading as a security for a debt doe to the
lontiff, bot if it was an aitual salt, then the Plain.
l was entitled to enjoy the booefit of such iodossa-
in. He argued that rt was a sale. In support of this,
Leatoed-Counsel adduced several Witnesses, the
of lading itself, and I letters, relative to
t aaaaa Rion ; and horn such tenimonies this eon-
lament indeed appeared to have been sold by
kn, the consigner. to Mr. Maia, the consignee.
:erroboration of this, the various bills drawn by
r. Philip Jean upon, and accepted by, 'Mr. el-
i.d Slain, to cover the amount, were moduced
1 read.
Lord Ellenborongl4 and the opposite Counsel, '
wed, by these 11000MOOt‘, to be coneiuced that it
3l consignment on Mr. Main's awn account.
the ATTOIMIY•GINSSAL, On behalf of the De-
dant. stated, that he did not rest his defence
is the point whether or not this Mr. Main was
tag as a radar, but he relied upon an entirely
lerent argument. It had been decided, in two
nor cases, that where a consignee of goods in-
'as a bill of lading to another person, with no-
ithst these goods were not paid for, the indorser
hat bill could not prevent the original consigner
b having his right to stop the goods sae trairito.
he present instance, Mr. Jean makes a consign-
4t• Mr. Mein ; but before the ghiide reached
he (Mr. Main) became insolvent. The bill
idol arrived on the 113 d of February, Main
Ins insolvent in the month of April, and had
committed previous aas of iosoiveocy, yet he