The British Press; or, Morning Literary Advertiser.
London, England, 1806-06-20 00:00:00

LAW INITELIVEWCE.
LOUR? OF KIXO'S-MLNCI I, WiSTM
At the sitting of the court, t.ord ELLEN:O-
- ()Lam said, that an attempt had been made at 2
Judge's Chatnb-rs, in the course of yesterday even-
in z, to swear an affidavit of Service of Notice of an
I.isolvent of the name of Eirstop, in a cause enti-
tled Boys e. Eastop ; and that the Derend.nt would
this day come up in order to be discharged under
the late .a. From the appearance mist conduit of
the man who came to make the affidavit. some sus-
picion arose, and upon an investigation taking
place, it turned out, that his name was James
and he knew nothing at all of the matter, but declar-
ed he was toaget two shillings for sweating the affi-
davit. His Lordship then direeted, that %tem:vet
this person came up to take the benefit of the
solvent AB, the business should be full) investigated,
and all the parties brought before tile Court.

HIND V. WHITENOUSE and ANoillia.
This was an anion brought to recin•er the price
of same Sugars, sold to the Defendants, wider the
following circumstances :
A considerable quantity of.lamaica sugars, lying
in cie King's Stores, and b•longing to the Plaintiff,
were advertised for sale by public auftaiii, at Li-
verpool, and the Defendants, on the day of sale,
became !udders, when ore lot was knocked Joun
to them by the auelioneer, who immediately wrote
their names against the lot, as sprcifi,:d in the cata-
logue. It was understood at the time, that the
duty was to be paid by the seller, and samples were
then delivered. Subsequent to ►his, and before the
delivery of the lot of sugars, a fire broke out in the
warehouse, when the sugars sere all consumed
in consequence of which, the present aerion was
bsought, and a verditt for the Plaintiff was agreed
to he entered, subjea t.) the opinion of the Court.
This cause now came on u•'nu a rule to shew
cause u by there should not be a aew trial or a non-
sett entered.

Messrs. PANIC,. Tovitino, and Sc slums-, on the
part of the Plain.iff, contended, that there was an
adr.al sale of the property by the au&ioneer, who,
haying -et the mimes of the Detendailio. against the
lot pureliax d by eh m, thereby made wiconttaft.
as their agent, by winch they became bound, and
therefore ttis aft Inuit the c.v., nut of the statute of
frauds; hut if thi: was Rut sufficient to take it out
of that c was still a delivery of the thing
soldi by the sample which the Defendants had re.
ceived. The whole bulk bad been weighed in the
King's beam, previous to txtra,%tig the sample ;
the purchaser was to take it by that weigl.t, which
included that sample; and therefore it was contended
that the sample was a put delivery of the whole,
and the Defendants became liable.
On the o, her hand, it was urged .by Sir V. Glass,
Serjeant MARSHALL, and Messrs. HOLaOYD and
LITT LLDAL es, that.this case came within the mean.
ing of the statute of fraud., in as much, as the
Auctioneer, by that aff, was not legally authorised
to make a contras binding on a party, unless that
authority was given is writing, And, as to the sample,
it could by no means be considered as a part deli-
very of the whole, it being the constant and uniform
practice among merchants, to give a sample merely
for the purpose of examining and ascertaining the
quality of the thing, but Raver as a delivery of the
whole.
The Court considering it a case of very consider-
able importance in a nsercantile, as well as legal
point of view, deferred their judgment till to-roor-