The British Press; or, Morning Literary Advertiser.
London, England, 1810-07-28 00:00:00

TIIE lIANI'EsT.

The Care mope, we ere very happy to Mate, speaking re.
nerally, are of great promise: sad so apprehensions need
now be entertained of s searelty The wheat though is
sense places rather this on the ground, is exceedingly well
eared, and has appareudy escaped the blight which often
attarbs it whilst in blossom ; and the mss and barley, par.
titularly the latter, live seldom, if ever, looked better ;
peas, we believe, are universally good ; sad the early sown
turnips have mark a very plentiful appestat's., above groan&
How cheeringly different is this statement, from the gloomy
Pfrakinvom of rtatmei so strongly insisted upon by some
itroakieg reporters • few mouths bath.--(Krist Comity Ile-
reld )

A-travelling correspondent informs us, that the growing
crepe a wheat look remarkably well, and stand thick es
the grooind in the counties of Herta, Berke, Bedford,
Norfolk, Suffolk, mid Ease; shirk ha Las
through ; that the store-bosses are coesedirgly Celt
awaked grain, at Norwich, Yarmouth, Lynn, Bastes, sod
Uscoln ; and also that the nuoncross warehouses en the vs-
Bees canals are net without large stooks of mein, and many
Macks and barna are fall of sheaf -corn, wallies( the labour-
er's Bail ; that wheat is dropping fast in prier, and is a
market day or two more, must fall couaiderably.--rChelmo-
ford Paper.)

Th. number of Bankruptcies between the 26th
of December 1809, and tho 13J of June 1810, as
announced in the London Gazette., amounts to 671.
A detachment of the Royal Artillery are now sta-
tioned permanewly at Paddington Green, iu the
rear of the Queen's Head public-house, formerly the
Naval Asylum.
The immense value of the property of every kind
that is accumulated in Heligoland, hesiudued the
utmost vigilance to prevent any accidents trout tire
in that lalarwl. We learn by a letter from theuc,
dated the i9th inst. that a civil watch is appointed
from the firing of the evening gun, till sit o'clock in
the morning, whose business' it is to see that all
lights and fires are extinguished at the appointed
; that all combustible matters are removed
from the streets; and that the lanes tad alleys are
kept clear of every thing that might obstruct the
passer. This committee of safety or precaution,
consists of three merchants. as he'd-constables,
6 clerks as euh-constables, unil 12 igiark.i2eB as pri-
vates or watchmen! 1 Constable, 2 4tib-constables,
and 4 nun of which are constautle gniug their

L.411' IN TELLIGENC'E.

COrßt OF KING'S BENCll,Ginto■Auft

Sittings at :Via Prins, &Are Lord Chief lattice
FLEW tioaout:ti. and a Special Jury.

Knott; t r. Srocgout.r.
This W,IS au actimi b. origin to recovers 1. 17. Gil.
the amount of a promissory note accepted by the
Darwin'', and iu f ivour of.la,nes
Mr. PARKE sliced, that thi case was a novelty iu
these lintel times, fir it sv.is the firat title he had
knower a Special Jury being summoned to try an
action against the acceptor of a promissory note.
The Pinsitiff is a respectable merchant, and .the
Defendrint not less so, he is a bookseller of much
respectability in Pall Mall ; but it was not his cause
bur that of a Knight, also a bookseller of no less
notoriety : their astonishment would cease at the
action being defended, when they heard that Sir
Richard Phillips was the real Defendant. in
tic, to Mr. Stockdale, he elitist state that he was
ready and willing to pay ; he wrote a letter to the
Plaintiff to that effect on the bill becoming due,
but that he had been indemnified by the Knight,
who WISH an endorser ou the Dote, not to pay it ex_
rept noder a verdict of a Court of l.aw. Hie( Mr.
Parke) supposed Sir Richard hail found something
out. Ile was careless what it was he would prove
the Di fendant'a hand-writing, which, under the di..
reetion of his Lordship, would entitle the Planta
to a verdict. Ue then proceeded to call his wit-

Mr. Thomas Gillett proved the sip-mums of the
Defendant, Mr. James Gillett, and Sir Richard
I. Mips.
On his cress eznminution, he said that James
Gillett was his son, nod was a minor at the lime the
note was driwn, he had been is Me the payee by
mistake, but the witness eudursed it to give the
1111.11 C of his son validity.
Lord ELLIN BORUCtitt olnierve(l, he was sure that
was the case ; if it had not been so, it would not
have been of any conseips.rtice, for his minority
would not effect him si the agent of his renter.
The bill end letter were then reed, dated 13th
Merch len% 13 months after date, solvable to
James Gillett, for 5241. 17s.
.63., signed by the
Plaintiff, 30, Pill Mall : letter signed JAllllJosepit
Stockilele, Pelt Mall blot Piccadilly), directed to
the Defendant, stating, that the bill was so situat-
ed as to one of the endorsers, on account of the
failure of the house of Bloxhain and Co. bankers,
that lie had lieeti served with a notice not to ply it.
This was contrary to his *it'll ; he had the money
ready ; and whatever advantage his 'miter might
reap from its lying in his handi,he Vitt Defenda.,i':
could not g4lll any ; that Sir Richard Phillips had
given him a bill of indemnity ; and concluded by
hoping that all impedinseat would be soon re-
moved.
This closed the Plaintiff's case.
Mr. ATTORNEY-GILN ERA L, Counsel for the De-
fendant, said. hr was willing to pay the amount of
the note : it ryas 110 t bi, intenliou to cast the least
reflection on it ; it had passed through very.respeet-
able htio,ls: the Defendant made vouog Gillett the
tinvee by accident ; he endorsed it to his father,
from whom Sir Richard Phillips received it; he
en-i .ravel it to Messrs. Rloshain, from whom the
Manua( received it : lie was a money-broker.
0 • the 9th of September, Sir Richard Phillips re.
c-.ved from Messrs. Illoshom their chick for •20001,
payalde on the lith ; he gave them bills to nearly
that, amount; and amongst them was that of Mr.
Stockdale's: on the I Ith of September, Misers.
Bluxham became bankrupts ; ou the 12th they
banded the bill over to the Plaintiff; so that Messrs.
Bluxhim had committed an act of bankruptcy be.
fore they parted with the note, and it ceas.d to be
vested iu 111 tu the moment of their insolvency; it
was the property of their assignees ; and the De-
fendant ini4ht become liable to their assignees, for
it was still vested in them ; although Messrs. Blots-
hans'i names did not apnea on tee hill, they had
not a right to deliver. The Plaintiff had nu right
to complain ; he had other securities in his pos-
session, which he received before tie bankruptcy,
and had since given them up to toe assignees. If
he parted with good security and adopted bad,
be was Arne to blouse. It was not to br
pectel by him, the- the ',hole 'sunbelt should fall
on Sir Richard Phillips.
Lord ELtentioatictin-1, I doubt very much,
Mr. Attorney-General, that this defence will an-
swer the allestntions °a the record. Von ought to
have brought au action of trover for the recovery of
the bill."

Mr. rievotwee-Gassast.—" If there is a ver.
diet for the Plaintiff, the Defendant will be liable
to pay it twike."
Lord ELL¢Itao&OUGH We are not to look
to what may be t►e consegn-nces hereafter, but to
what is now before ns : can the defence set up be
en answer to an action against the acceptor of •
promissory note? I am inclined to think not, and
that the only redress Sir Richard Phillips could
have had, would have been by bringing an action
of trover. Mr. Attorney_Geoe►al, if you intend
to proceed any limber, you will begin as if you
were the Plaintiff, by proving the
,bankruptcy of
Messrs. Blown."

Mr. Arroamre-Guirattra said, he w■s aware of
that, and proceeded to call his witnesses ; but only
one of thrill answered.

Mr. Oliver Vine. a clerk to the Iste house of
Messrs. Bluaarn, proved that the bill Was due ou
the 16th of April.
Mr. ATTORNBY.6IIPERIL Was proceeding to
examinelvin, 'Oita

Lord ELLENBuitouGaiiiquireql if he could prose
the coususis.iuo of hankrupty ? 11.. heing info. rued
iu the negative. he Kind it must be proved first.
Mr. ATTORVEY4ISMIIIAL bai.l, he was going to
malty bins prove usury. which vviiile be fatal to the
action; he, however, failed, as the witness de-
clared lie was ignorant of all Lill transactions be-
tWellil the Plaintiff:and Meinirs.'Blusain.
Lord Eat. aaaaa oursr--'s I think we mint gra-
tify the Defendant. by allowing hint to pay tins
bill."
Verdict for the Plaintiff. 5391.
CVIIIIIIII4III. DL FF.
Mr. PAU( F. stated, that the Platiit,ff its thirt aetlon
was a gentleman of property, formerly residing a
a place calk(' Padnells, near Ilford. iu toles; .:tilt
the Defendant wars an Attorney of that Court. Tt.e
Plilutall. having came into pousesion of wise pro.

perty in Cheshire, wished to reside there IBA:tare,
trot thrn fare determined to dispose of t.•e ;rise of
h s house io &ate, and p.ir of th« furniture;
a .:orditigly directed the Defends. t, who had been
cuployed prores.ionally by him on othe, occasions.
to Hof oure for a tenant. The D fella:int did •n,
and introdhiced a gentlernaa, navel Burrell. who
agre,rl to take the len., of the t:o:as••, ~sou the far-
nitore sit a lair valuation. Cumming. how.
ever, bring ut:de► the rieoesiity of going into
Cheshire, left the Defendant it settle tlmr wain. ta
with Mr. Burrell ; and after iodic !ill.. I:atid
the Defendant informed him that Mr. Burrell had
declined raking the house, at she faille time intr-
serviog. twat to release hint from any further trust-
Ide nn the subj.., t, he (the Detendatit) would take
the house on the same terms on which Mr. Burrell
was to have had it. To this proposition the Plain.
tiff readily agreed, and generously, on accoi.ot of
the fnendsliip which existed between them, made an
abatement in th.. price which Mr. Burrell was to h. we
paid for it. The Defendant soon aster to• k pod-
session of the house ; and some time after the Plain.
tiff applied to loin fo► the payment or 4511. being
the sum it which the flunk's,' on the preiwses had
been valued to Mr. Bartell. Instead or pa)ing
this soil, the Un,i•ndaut tiresetwil a dealt .d to
the Plaintiff* fo► upwards of 6001. fur business dons
for film as an Attorney, although he give him ere,
dit for various slims of money received on account,
amounting to near that suns ; but no reedit on ac-
count of the furniture. That bid had been sub-
mitted to taxation; but althoneh fis quests appti•
cation had been made to the Defendant for pay.
merit of the 4541., sad he had absolutely sold the
ritruttore, yet the Plaintiff had been stLic to oi)teiss
nothing from him.
Mr. PACK! Cu proceeding to cull witumis to
prove these facts. when

Mr. Gaittow, on the part of the Defendant, pro.
pawl, that the Plaintiff shcuilti tate a verdict fur
his whole demand, subject to a reference.
This es. agreed to eu the part of the Plaintiff;
fur whom tl.e Jury friond a verdict for 4541.

OSGOOD C. CROWING.
This was an issue directed by the Lord Chancel-
lor,to try whether the Plaintiff was entitb d to freight
on a cargo of Sugar uud rice, from the port of
Charleston, in the United States of Americo, to
the port of Landow, tinder the following circum-
stances :—The Plaintiff and Defendant are both
citizens of America ; the Grist the contain of the
ship Itepttote, and the latter a merchant in New
York.. 11. e Defendant chartered the idap to proceed
to Chalks's°, an I take in a cargo of sugar and
rice, and from thence to proceed either to Vonniti-
gen, Am.terd Ail, or Rotterdam. She was taken at
sea by one of His Majesty's eraizers, and sent into
Plymouth, but was afterwards released. When the
ship left the United &stet, neither of the parties
were aware of the Orders in Comsat! of this coun-
try, or the subsequent Decree of. France. The
Plaintiff, on being mode acquainted with the
na-
ture of them, applied to the agents of the Defend..
ant, in London, for their advice. It was just after
the bombardment of Copenhagen, which 'nail. all
the ports in the Baltic suspieions of admitting
vessels from England into their harbours. The
agents recommended him to wilt, and try to get
a licence from this Government to go to Rotterdam.
After heviag delayed some time without being able
to get a licence, he was ordered by the agents to
proceed to Rotterdam. H. took advice, cud was
firmly persuaded if lie did, his ship would lie COD
bleated : a circular letter front the American Con-
sul in Newburgh confirmed that opinion. He was
then advised to take advantage of the Order of
Council, which directs that all neutrals sheath, touch
at a British port, enter her cargo, and pay duty be-
fore she proceeded to the harbours of the enemy ; he
accordingly entered his cargo , and wrote to II lb owners
in America to know how to proceed. Fur the safety
of the cargo he deposited the sugar in the stores of
the Wed lodia Ducks, and the rice in that of the
London Docks. The moment the cargo was landed,
the agents for the Defendant served the Plaintiff
with notice to proceed to Tonningen. ■nd DO the
day following served him with a bill in Chancery to
get possession of the cargo, which was ordered to
them by the Lord Chancellor, he directing ►he
present issue, for a Jury to determine whether the
Plaintiff was or was not entitled to freight.
Lord ELLIMBOROUGH obberyed, it was very clear
that the Plantiff was not entitled to freight, as the
terms of the charter deed had not been fulfilled by
him : it might he severe, but when two great oetieno
were at war, those who wish to accumulate wealth
by their calamities moat run a riak, and should net
complain that they had suffered a little by the ne•
t tire of the warfare.
Verdict for the Defritrlant.