The British Press; or, Morning Literary Advertiser.
London, England, 1810-11-27 00:00:00

COM' of coMMor PLEAS, Nov. f 6.

*uuenr T 1 WALSH.
this was an action for norm }'.154(1 and received.
The Plaintiff, in September isitz), had given the
Defendant the sum of 401. for which tool. sesta to
he remitted, it a cessation of hostilities between
EN.;land and France Was effected, stud Prebtoioas.
ros of Peace between the two countri:s signed, on
or Infer Coe tat of Jody I MO* 111 the month of
June wee:ethos; Of expiration of the stipulated
',elitisd. Plaintiff haft brought Ins action for the pup.
pole of recciVesiiig' hack his premium, mid the
Jury liffasfouult a Verdict its his tay.nar. Air. Ser.
jemittLe NA he I obtained u rule to shea cause why
'het verdict should sink he net snarl*. mud • nee.
suit enteral ; agadist which Mr.Serjeastt 4HtPCISD
and 'Mr. Serjeant fheweil can.e, as
fully stated its our Paler of the 14th
Chief Yitatice 111 A iliiiELD tliis day pro/loomed the
judgment of the eneit. its Sibeetved, that is greet
number of Cosa had cited; the general pi ht.
iiple Otitis seemed to gofirit died' was. that *lwo
a lierikiis had mode tilt illegal &hapset. its the 1/
tint of *tiger; he had no right, titter the 'met had
determinist, to come ftirwird dint &man* the mixt.
nal premium, on the legal pranuplc of iodise oar
eunditoi possidenfis.—lo the present tase there
was this distinition, that the drimind h,rthe pre-
mium had Urea made prior to toe time to which
the policy was restricted ; which seemed like a
wish to do 'away the illegal vont rect. There was
None doubt. however. about the smoothies§ of this
distinction, because no period a as fixed for the patty
to come forward and rtbellili the contract; mid, there-
fore, a person might wait till the time was very near
expiring, when little doubt could he tntertahsed
of the way in which the event would he decided-o
and, being certain of losing. tuight make his de.
mend ; but. certainly, it was • difficult. matter to
point out the period sit which the demand should
be made. In the case of Lowry v. Bourdieu. Mr.
Jostice Buller had dearly recognised the distinc-
tion of actions brought on contracts executed and
treektory--and the same distinction was meted
upon in the case of Tappentlen v. Randall. The
Court most either follow that rule, or d ride dif.
fervntly from the cases he Isail tiouted, awl in di.
rest opposition to the decision of Mr. Juvtsee Rol-
ler. Ile thought, ho Never, that there was veiy
proper groan,' lot adhering to that rule, fur it was
hot iiglit that a man should be allowed ass oppor-
tunity of rescinding an illegal contract, before the
expiration of the time to which the event was
stricted. The party aislinig to annul the contra. t
say-.' I know, even if I obi, that I can
have no remedy against you. the trsosiction lei .11
illegal; I therefore wish my money to lie returned."
Besides the rises already ginned, there was one to
be found in I.,fii's Reports, %Volker v. Chapman,
so which the same principle appeared to have De-
co-red to the °d of Lord Maiistield. Mi. Lord-
shin ulso referred to the case of Lacossadev. White,
and stated that the doctrine laid down by Lord
Kenyon in a subsequent ease. was different froui
that which ke had promolgated is the above-
mentioned action. Under all the circumstances of
the ease, and after an attentive examination of the
different cases cited, the Court was of opinion that
the Plaintiff had • tight tom-over the premium.
The verdict of course remains undisturbed.
Steel. v. LACY.. _ .

In this case a verdict had been given for the Plain-
tiff, and Mr. Serjeant MARSHAL:, had obtained it
rule to shew cause why that verdict should not be
set aside. and a nousint entered. The action had
been brought on a policy se ime on the ship
Pennsylvania, bound from Loudon to Riga; she
had been taken by the Dane., and condemned,
and the underwriters refused to ply the loss. on the
ground that lime veowl had carried simulated papers,
without a dense of permission I;eing inserted in the
policy. The Jury had found a verdict for the
Plaintiff, on the ground that, at die time of the
capture, Denmark had adopted the Berlin Decree.
and therefore that it was alsaidutely necessary to
carry simulated papers.
Lord Chief Justice Matisetctit. in pronouncing
the lodgment of the Court, stated, that on a ma-
ture consideration of the sul•ket, the question of

•
•
the sirntilatetl papas did not appear to harc
any dung to do with the case ; for, on iu-
specting the septence of the Delilah Court, the
very first line shewed. that, at the time able
fondernnatioa, the Berlin Decree had not been
std.ipted by the Danes. sentence stated, that
the retort war bound from Lcadoe, Lut did not
illel.7e that as any &potato! for. 01. cuiplrumation ;
wltrteas, if the berliti Decree had heeti then in
force, the Circuitstsince of the vessel haying bailed
frunohif comae., would hare becto of itself a suf-
ficient ground fog that proceetLuK.—lthi, in fact,
the true ground of. condemnation. as slated to the
tentences was, the vessel bring of a see-
psis, Which necessary document should have 6,-en
procured froin the "American Consul. i.e cu•sa-
iiuence of this corning's)°, principally, the vessel pas
condeinuedi the Cotirt. therefore, were of opinion
that ilionsuit should be entered.
itaitilt tl. 51559.
Mr. terjeant 11E4 moved for r Rule to 'New
rinse ehy the verdict ii, thus case should nut he ex-
truded f r;01. This iction was tried he-
fort Mr. &iron Graham, at the Lauewiter itaidzeit-
It was brought under tlw Act of therli.l
‘..N. against a Pheritra oliter, fur having taken the
ohm of :h. 4.. frinn the PlisiAtitri stir fro for his ar-
rest and bait-boud. Slihoo)tia tEPall-Isond bud
heel) prueared 14 the attioriset of Mr. Braliam.-
13y the 33d of Ileary VI. whleli had lint hero re-
pealed, fuer penie only •asollOtied tdr the caption
hr; tIlt• r3arriti I.olery ; and, by dm above-tarn-
tit/lied :.!Attite of (:en. 11. a penalty or 5l 1. abscissa
to any. SliC•ritr. tinker enacting a gresi.6 fez thaii
she lir+ wlitch Idly be recovered at any of
Ills Mat. s'y 'a Courts of Law at 1147...stinitist., ..-.
I,l' hen the actiontried at Inneaster, r serchet
fur the Mama., damages was Oro iitsishiery
—and t.,nufitiqinflly for 501. subject to the upiasod
of the Cosies.
The Rule was Itran'ed.