The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-26 00:00:00

m'comett f. °Aviles.

This 1r as an atlion of trorer and conversion.
lvlr. EiIIIKINE, tnr the Plairaiff, stared, that he
was a merchant at Aberdeen, and had employed
on: Cadden, as hi; broker, to purchase a quantity of
tobacco, in this city. Having parchafed the tobac-
co, he lodged it in the S•ng's stores, in bis own
name ; and socn after bosh:wed money upon it
from the Defendant; lie had no intention of selling
; is was merely given as a security for a temporary
loan ; and de bef•ndant was aware it was not his

properlr ; having made a transfer of it to Davies,
the Plaintiff could not receive it without his again
trancferrir.g it back. This caw* had been tried be-
fore, and a question of law nude thereon, when,
urrn ,c!exin airtynent and decision, the Court de-
tfrrnined that a broker could not pledge the goods
of his principal ; and the anion was now broight
to ',covet the value of the tohxrco, which, being
deteriorated, the Plaintiff could not now accept of
atransfer ; Cadden had soon after fallen into insol-
vent cltcuinstiocell.

Mr. Caddie, proved, that he porehnseJ the tobac•
ciafOr the Illaintiff; the Defendant knew be was a
broker, end tr.e transfer vas made fora temporal y
Man only.
On his cros-mtarn;nation it appearsd, that the
Phantiff was indebted to him S)I. upon an account
enrrent, at the time he purchased the tobacco fur
b. m.

.1 Ise Sot iciroa-GeN. RA L, for the Defendant.
centend rd, that in as much as the broker had a lien
upon the aonds, for his account current, although
he could not pledbe as against his principal; but
having that lien, he was invested with a right to
transter his lien to that extent, and therefore the
Plaintiff could not recover io an :lion. of 'Prover.
Lord Et LemBOROUGII...—" I am clearly of opinion,
as being a broker, and baying a balance on a general
account, due to hint by his p:incieal, he had a lien
upon that property. Ido not say, if he had trans-
ferted specifically the lit n, but he would have a
right to hold to the amr•ort ; hut, in this case, it
was not a transfer of the broker's lien, but a tertious
transfer for 2001."
The Jury. after some consul ition, were about to
retire, when his Lordship informed them there was
one point of law which they should apply to the
fa& '• that a taflor cannot pledge the wds of his
principals.
JURY lit An.-14 Cannot we consider the question
of lien r'
rd Ett.enaneouon.—" That is matter of law.
The law is decisive upon the question of a ftietor ;
and. however Bard this case may be, we must be
guided by rule of law."
JURYSIAN.." Then, my Lord, we have nothing
to decide upon."
The So e lei ro a-G ex eit AL requested his f .ordsh;p
w,.uld take a note of it, as be shoulu argur the
qoes•ion in the term.
Verdi.l for the Plaintiff 1371.
•11DrItION V. Iiir,(111001/•
This was an anion upon a Bill Of Erchange.
Mr. I'A a I.: N. for the Plaintiff, pat the Defenduer's
admissions, made under his Lordship's ceder, which
proved the case.
Mr. Ensure s ohjefted to the order, -v:thriut prov-
ing it, but afterwards withdrew his objeaion. " I
had no idea of rendering it necessary to prove his
Lordship's hand wrring. I have got a copy of the
order, which I !Mott is like a copy of the Plaintiff's
c iuntenance. My Lord, I certainly have nu de-
feure."
Verdi .% or the PlaineT
Dr.a.
AT2INSON V
4r. CAP.sow stated this to be an raion between
two. Ilyokers, mict be begged leave to borrow a few
of hie. Leeriest Frign‘l MT. Erskitte's observations,
wbich hg mind so oseful to him, eetticolarly on the
eve of the Ithasiaer, when he should be able to lase
them to advantage. In adverting to his friend's
observation, in the case of l'enast and Ruffin, tried
a few days ega, h • said. it was net what the malig-
nant calumniator r: as to par. that the Jury was to
eionaiiter, but what the calumniator says. who en.
deavours to ruin a 171M0'. reputation in his trade;
this case, he th,..uglit,:stSre a strong similarity to the
one already raentfoned ; the panics, however, were
dot ja hien a rank in life; and, although the De.
ant could not say with Mr. Ruffia, that hay.
iaK very !mall. ',ratio:digs, he at last rose every
day, boastirig that he was worth 50,0101. yet he
had got quite n -with to turn his head. Anti, echo.
ins Ws Mends words, lie übsersed, there was no
heeler

him clear silt.' till * shealkl riv for them
Thos his r..dit was impaired. and he trils:ed the
who „.,.re men of troateess, would consider
it not AS the minima/a. but the assziassua.
Mr. P0...1y. a inuker, was called, who stated, thn:
at several sales the Defendant bad said, " t
cottlJ not clear his sales, and only five Dow;on,
would have tone to Newgate for the plass that was

stolen, which he was rna.se to pay for," &c.
Upon his cross-evsmination, Mr. EasHins asked
him, whether he was one of the gentlemen who got
slurs: of half-a-guinea to guzzle togetlirr for keeping
up the pikes against fair bidders ?—.I. We get it as
an acknowledgment to drink.
Q. If I was to buy, would I get any thing to
drink ?•-A. If you bought enough you would along
with the rest.

Mr. K.— the very sight of a broker at an attition
is enough to ,get half-a•guinea ?
On his re•esamination by Mr. GARROVI, he said,
he received a certain sum in common with other
brokers. horn the auaioneer. not for puffing the
goads. but as a gratuity for purchasing at sales.
Another witness was called ; bet not proving the
allegations .et forth in the declaration. the Plaintiff
was notrimited.

In the case of Ix Balmer; v Cr. ACCET, which was
stated to be a question of great importance, upon a
policy of insurance; the SOLICITOR GENER Al. ap.
plied to put off the trial of this cause, filed fur this
day, till Saturday, in consequence of the absence of
a material witness, Sir James Saumartz, who being
on an important station, it was necessary to apply
to the Board of Admiralty for leAve f absence.
He had been written to on the sulijr.a, and WAS
ready to come when he obtained permission from
the Hoard 'Phis leave had been granted, hut, unfor-
tunately, the letter was put in the wrong bag, and
consequently reached him a day later.
Counsel on the oilier side h tying assented ;
Lord Et.r.CNSUROUGII thought, that a gentleman,
who was on so important a .ration, and whose ser-
vices were so necessary, should meet with every ac-
commodation ; and, although it would he taking the
can .e out of its valise, he had no objedion.
The cause accordingly fronds for Saturday.

COURT OF COMMON eLEAs, GUILDHALL.
Sittings a MSS PlfS, lieftllf Sit .1,. St CS MANS! I ILL U,
and a Sperm/./urn.

• COOP. R t. THORNTON.
This was an aaion brought by the Plaintiff, an
eminent provision-broker, to enforce the pertm m-
ance of a special contraft, which the Defelidant had
entered into.

It appeared, from the evidence on the part of the
Plaintiff, that 100 tierces of East-India pork, arid
.150 barrels of navy pork, had been sent over to
him from a Mr. Moor, a provision-nierdiatit. in
Ireland, for the pernosie of disposing of to the best
advantage. Mr. C neer, when the goods were
on the wharf. had s..me of the casks opsned,
Lid examined several of the pieces of pork,
packed in them, which appeared, externally, to
be prime pork—but he did no either cut it to see
whether it were mails, tr v it, with what is
ca lei in the trade, a tormhirier, to asceriain whe-
ther it were sweet. Shortly after this, the De•
fend-int entered into a contra& to pint-nese the pork,
and agreed to give 81. 5; for each. of the tierces,
and 51. 6d. for the barrels, conceiving it to hes
as warranted by the Plaintiff, merchantable. sound
pork. By the contraft, the Defendant had agreed
to take it from the wharf, in 14 Jays ; hut, before
that time expired, he had the pork examined, arid
sent a letter to the Plaintiff, stating, that it was
me..sly and stinking. and not fit for any purpose
whatever; and, therefore, refused to take it. In
consequence of this, the Plaintiff brought his action,
who, th ugh but originally the broker of Mr.
Moor, in Leland, became the principal, imme-
di it ly after the contra& with the Defendant was
signed, ache !ben accepted bills drawn on him by
Mr. Moor, for the amount

Serjeant Bxst stated the case on the part of the
Defendant, and said, he v ondeted the Plaintiff
could have the face to bring so impudent an aetion
as this. lie had no hesitation in allowing, that the
c,,nt; aft h d been entered in.() between t:ie parties ;
but he thought the Jury. even at this time, were of
opinion, thet the Plaintiff was the first who was
guilty of a breach of it, by selling such stinking,
rotten, measly pr,rk, to his clo•nt ; and, at the
same time, telling him that it was sound, prime
pork. He, therefore, had no doubt of obtaining a
verdin, woen he would show, by tie most incon-
trovertible eviderce, t. at the pork was in such a
state, that it was scarcely fit to be thrown into a
dog- kennel.
Several witnesses, in the provision-trade, were
then cAilrd, who all deposed, that they had exa-
mined several casks of the pork, and found a great
many of the pieces in them measly ; some of them
tainted ; aed the most of them faint.

The ( oast and Jury, wishing t • know what ap-
pear.q%ce measly Fmk had, and whether k became
so afar the animal was killed ? none of the witne.ses
.uld explain it rightly, until Bartholomew Kidney,
an Irish cooper, was called up Hr first deposed,
;ha he No examined ten casks, and found some of
the pieces, in all of them, measly and stinking.—
He was then aske.l, wh,t appearance measly pork
had, when it was cut ? To which he answered,
to a little consideration, that it was for all the world,
like a plum-pudding, or a plum-cake, when cut
in two. He also said, that rrea.les was a family
disorder, ;amongst some pi; s. !larded down from
gsntiation to generation ; mat, when the curers
were chopping it, for the purp of packing it in
the barrels. ere Meas:es wont'. fly out of it like mag-
gots; a- d wi,hed, above all to produce a
pie:e of it on the Wile for tne inspeetion of his
Leird.hip and the Gentlemen ; hut this ceremony
was, by coose• t if a:I parties, di.pensed with.

'then, an' wlls obliged to put into Wlllisont in Nor-
way ; she then lett that port; and, slier beating
about for a considefihle tune, put into another port
in Notway, where the c].iptain was obliged to s:11
the vessel for iOOl ; she I.eing in such bad cortaitinti.
that she could not proceed oti her voyage; :tor could
any vessel be procured ther!., to ry the tar to
England, though every exet w.v.; made.
The Jury instantly gave a verdiet for the Plaintiff,
damages 51. Is. 6d.
CALVeRF r. taA SSD EN and OTHERS. ,
This was an altion of trovcr, brought by idle
Plaintiff against his Assignees, to recover back some
buses of his, which they had seized.
The objcA of this znin . was, to try the validity
of the commission, by compelling the Defendants ti
prove, that the Plaintiff was a dealer, liable to bc made
a bankrupt; and that he committed an act of
bankruptcy. 'This being understood hero een the
parties, the evidence on the part of ti c Plaintiff was
in a manner admitted, for the purpose of alli,wing
the Defendant, if he could, to prove the lifts r: SW
ascertain which, the anion was tried.
Several witnesses were accordingly called, from
whose testimony it appeared, that the Plaintiff was
owner of two or three stage coaches, and had at
different times sold horses, and bought them again at
a reduced ;lice ; and also, that he was in the habitof
selling small quantities of hay and oats, to any per-
son that would come to his stables and ask for it.
For the purpose of proving the.att of bankruptcy, a
clerk !tom the office of the Sheriff of Middlesex
was called, who proved, that twenty-six writs had
been lodged in his•office against the Plaintiff, in the
course of one year ; and a clerk from the office of
the Sheriff of Surrey produced eight, which had
been lodged against the Plaintiff in his office. A
servant, who formerly lived with the Plaintiff, then
deposed, that his toaster, seeing one of hi, creditors
coming up the stable yard one day, desired him to
tell the gentleman he was not at home, which the
witness accordingly dish though, at the sante time,
his master was in the stable.

The Plaintiff's liability to become a t ankrapr,
and the aft of bankruptcy being dearly proved, it
was agree.l that a Nonsuit should be entered.

NILNILVAL JATELHGENCE.

k 'a.ISMOUTH. JULY 24.
Arrived the Staunch gnu-vessel. Lieutenant Street,
from Jamaica, after a passage of 51 days. She does
not bring a word 'of news ; she was detached from
the Channel fleet about three months since. Also,
the Strada gun-vessel from a anise.
The Driest, of 74 guns, went out of harbour this,
morning; she will jtzur the Chinnel fleet.
Arrived the Pe/ter gun-brig from a cruise.
rt. Y MOULD.. JULY !3.
Came in the lrov4illsing, Cart, .Dyew, from St:'
Sebastian's ; Nautilts sloop of War front the West-
ward r• Prussian brig Minerva, Capt. TbZursoa, from
Bourdeux, I.rden with brandy, Bcc. fur Flubden, de-
tained by the Hero privateer, of Guernsey ; Aga.
farm Oporto for London; and the ittell,i,
from Oporto fur Scotland ;* they were captured by a
Spanish row boat on the 4th inst. and malcin by
the Naiad frigate on the 9th..--Wind,

DIAL, JuLT 24.
Came down from Sheerness, the Hermes sloop of
war, and remains in the Downs, with the rest pt the
ships AS per last.