The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-20 00:00:00

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LAW INULLIOLNCE.
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COURT OF KINGS 13F.NCIL GUILDHALL, Juti 19.
Saline at Nisi tarn, Infant Lard ELLRESBOROUON,
and a Special Jury.
TONTO* 0. PRIM
This was an *action for money had and received.
Mr. PARK, for the Plaintiff, stated, that his Client
was a Welsh Physician, and the Defendant a Welsh
Attorney, residing in Lincoln's Inn, who had a share
in a ship called the Fanny, of Swansea. The Dr.
having a sum of money lying by him, which he
wished to turn to some advantage, proposed pur-
chasing the Defendant's share in the Fanny, and the
Defendant agreed to assign to him a three-fourth
share for 6301. ; 6001. of which the Doctor paid
him, and the Defendant afterwards brought ao ac-
tion against him for the remaining 301. This cause
was referred to arbitration under his Lordship's
order; hut, instead of choosing any gentleman of the
bar who was conversant with Lord Liverpool's act,
and could have set all matters to right., the parties
appointed a Welch Merchant, wholly uhaccittainted
with the sullied. He awarded, that the Plaintiff
should pay 301. to the Defendant, and that the latter
should make out a good title to the former. Upon
this award the Defendant proceeded by attachment
against the Doctor, and compelled him to pay the
301. but would not make a good title to hini, for, in
truth, no hill of sale, or assignmeot had ever been
made on the back of the Certificate of Registration
(according to the act), and, therefore, he had no
right to sell ; the cotittad was not valid, unless the
regular endorsement. had been made on the certifi-
cate, and, therefore, the Defendant had no title
whatever. kk admitted the Di.llor had the pos-
session of the ship, but was ready to resign it, as in
fad he must do, for if the Captain thought proper
to keep possession, the Plaintiff could not maintain
an action of trover against him.
Lord Ect.LNISO town n--" There has been one ar-
bitration, and an award raade upon that which has
been a rule of Court. I how then can you maintain
an adi n for money had and received r
Mr. PA a K answered, that part of the ship be-
longed to three persons of the names of Jones,
Lewis, and Davis. each of whom had a two six-
teenth share, so that the Defendant could not sell
even three-fourths ; and upon this he submitted the
Plaintiff had a right to his money back again.
Lord F.scasisoadtic a—A You may either attach
him under the award, or bring a special action on
the case; but you must first proceed on the non-
compliance of tilt terms of the award. The law is
clear ; you are entitled to your money back again ;
but you cannot recover in an adi•iu for money had
and received.. I think, if those parties could come
to any am!cifile adjustment, it would be the better
way to decide it."
The Plaintiff was accordiegly Nontriited.
JONES V. eanroan.
This was an action upon a bill of eachange fur
991. against the acceptor.
Mr. IiItSKIN a, for the Plaintiff, said. that the Plain-
tiffs were respectable wholesale grocers in St. Julio-
street, and this adion was upon a bill of exchange
(brought by the endorsee against the acceptor),
drawn by one Macmagil, in the name of Hopkira
and facmagil, upon the Defendant, who was a 'J.,-
pann7r is Bunhill-row, payable to their own order.
I lopkins was a bankrupt, and he understood that it
was to be said in defence, that those two drawers
were not partners, and that 91acmagil had drawn
the bill without the authority of Hopkins ; but in
the costs and charges of his memory. he could not
recoiled A case where this had any Ming to du with
the acceptor, after he had recognised it by his ac-
ceptance thereof.
The necessary prnefs being gone into ;
Mr. GA scow, for the Defendant, observed, that
the 1.01 was, that Hopkins, the bankrupt, had gone
into a business he slid not understand, anti had got
fslacnaagil, who was a japanner, to undertake to
teach hum his business, and the latter lead no more
right to make use of his name than any other per-
son; and left himself liable to an indictment for
forgery, which might terminate in a rope's end.
Lord ELLINDOROUGH—" Has he not admitted
the right of the one to draw for both, by his accept-
ance of the Bill by which he recognises his autho-
rity 1"
Mr. Gas Row then objened to the endorsement as
not being valid. inasmuch as, although the acceptor
had recognised him as the drawer, yet the other
could not be liable as endorser.
Lord ELLINSOROLIN—" I think, if he has a
right to draw the bill, he has s right also to do every
other thing appertaining to the bill; howev,r, 1
will save the point."
A verdict was therefore entered far the Plaintiff,
subjed to the point, " whether the drawing of a bill
admitted a right to endorse."
not.asas and ANOTIIIIR V. 1100011.
This was an action for money had and received to
the Plaintiff's use.
The Plaintiffs were assignees of on. Pierce, a
bankrupt, who formerly kept the Two Brewers
public-house, in Bunbill-row, where he had been
supplied with spirits by the Plaintiffs, to a consider-
able amount. The Defendant being also a creditor,
the bankrupt had made a Bill of sale of a part of his
property to him, which the Defendant afterward,
disposed of. This sale, it appeared, was made after
Pierce had committed an ad of hatikruptcy, and the
chief question turned upon the trading of the bank-

Mr. Bevin proved the petitioning creditors debt.
On his cros-examination, it appeared he was the
Master of the Ceremonies at Vauxhall, but had also
been for many years, and still was clerk to the Plain-
tiffs. The usual credit given by distillers to pub-
licans was according to the quantity of liquor which
they drew, but in genera], payments were made in
V.B days.
Mary Ceybon, the bankrupt's servant, proved,
that her master left his house on the 10th of Oc-
tobtr, and said he was going to GA: a week's
pleasure in the country with his friends, but he
never returned. She Lad frequently carried spirits
to customers out of doors. On her cruss-ezarnina-
tion, sbe said he was not a wholesale importer, nor
did he carry on any great business. She used some-
tim !.s to carry out a pint of gin, or runt, &c. to a
customer.
Michael Williams proved, that he had bought
MC hogshead of gin and five gallons of rum from

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Pierce, at one time; but he tree then distressed t
make up a bill, and he rune' purchased it as a
friend than any thing else.
tdrf Coomb, the Defendant's attorney, proved the
suit paid over to the Defendant.
• Mr. G•attow, for the Defendant, said he did not
defend his client on the grounds of Pierce not having
committed an aCt of bankruptcy ; the feet was, the
Defen lent, being a gentleman of fortune and re-
spedability, had employed Pierce under him at the
West India Docks, and thinking his fortune should
be marls if he could get into the public business, he
had prevailed on the Defendant to set him tip. The
only question was, whether he was subject to the
Bankrupt Laws, being a publican, who by Aft of
Parliament were exempt!— lit support of this propo-
sition, he quoted the case of Saunders and Rolls, in
which it was laid down by Lord Mansfield, that a
viCtualler was tai be considered as a publican, and
not liable to the Bankrupt Laws. The Learned
Counsel wasproceedir.g to cite other cases ; when
Lord ELIZSIBOSOVGII observed it bad been
proved, that, in pursuance of his general trade,
he had sold a pint of spirits out of doors, which was
too great a quantity for any person to take at one
time; it was therefore to be taken as a trading.
l'he Learned Counsel, in further addressing the
.lary, said, though his Lordship had thought A pint
too much to &ink all at once ; yet it was writ
known that since the use of spirituous liquors had
crept into the place of the more wholesome bever-
age of ale or porter, families generally drank a
oint of diluted spirits at a sitting.
Lord E.Li.s.tsaoaouoa—ss In order to constitute
a trading, it must appear there was a trading be-
yond selling in the House. In the prosecution of
his trade, he sold out to every one that came for
it ; he must, therefore, be considered as a dealer
and chaornan, within the meaning of the Aft : how-
ever. I will leave this fall to the Jury; but, in my
idea, there is enough to constitute a trading."
The Jury, considering it was a trading, a verdiCt
of total. was entered for the Plaintiffs.
READ JOHNSI ON C.
This was an aftion for ninney lent and advanced.
Itwas stated, that the Plaintiff, Mrs. Read, was
guardian to a young women, to whom the Defend-
ant hod paid his addresses i and, in the cipeltation
of marrying her, the Plaittiff was prevailed upon
to advance him 501. to take a house in Fleet Market
hut, having got the money, he was neither inciined
to fulfill the one, or ret-irn the other.
Miss Frances Stewart, the young lady in question,
proved the bill for 501. which her Gusrdlan had
arcepted and paid. On her cross-exantinatinn by
Mr. PARK, she said, the Defendant was 110 t in bu-
siness when he first paid his addresses to her. The
Plaintiff she wed him the will, by which she was en-
titled to 1001. and told him she would Like a house
from Mr. Blackhorne in Fleet Market, a-id World
lett him in as tenant ; she would pay 1.54 for the
lease. The witness had received many letters trom
him, and proved one of his to her Ouardian, from
which it appeared he had proposed to give security
along with his father, to repay the fine by instal-
ments in five years. In diffetent conversations with
hint, he acknowledged the Plaintiff had advanced
501, foe him.
Mr. PARK, in opening the Defendant's case, ob-
served that this had originated in a love transodi
and he regretted exceedingly the young lady had
been obliged in exhibit herself; but the letter which
he should put in would be a full answer, from which
it was evident she meant to set him up in business.
The first proposal was that he should become her
tenant ; and the next was offering security to pay
the fine by instalments —the letter was from the
Plaintiff, and ran thus :
*. SIR-1 have received your letter, and consulted Fanne's
other guardian on it, and will bung ma action againd yuu lot
your breach of contra-I; we all understood you were to ii.a•ry
the srl. I will steal to ray agreement on her account, and
Hat un yours without her; will have nothing oi do with your
father or any slier person. Your fathtr and you are not as
good as she, who 0 bmer than either of y0u.....-1 like no de-
fault —Marry the girl ; she can pay WM.; I have tall MI. for
the lease, aunt will se,ept the security. if you continue the cua-
Hart, and take any sum you and your father ay ; but if
you are so poor, I will live there myself, and make a doss ware-
hotly; of it. It you will pay what I advanced, I vii give
the contract.
Lord Eta.ensortonon.—" This is all through
the language of advancing money. The defence is
inetreCtive in point
.p 1 law, as well as in point of
morals, he should have married the girl, and put
an end to it."—Verdict for the Plaintiff, 501.

COURT OF COMMON PLEAS, GUILDIIALL, jus.v 19.
Si!linv at Nisi Prsrr, before Sir J• NILS MAIMPIELD,
and a :Veda Jury.
moon and co. C. meattotca.
This was an aetion brought by the Plaintiffs, re.
speetable merchants in the city, to recover the sum
of 1061. the amount of a Bill of Exchange drawn
by the Defendant, Captain of an American ship,
and in American subjeel, on Cleland, White, and
Co. in favour of the Plaintiffs. It appeared, on the
part of the Plaintiffs, that the Bill in question,
drawn by the Defendant in favour of the Plaintiffs,
had been accepted by Cleland, White, and Co.; but
payment being demanded on the sth of March
1803. the day it became due, it was not paid. The
Defendant, not being then in England, could not he
sacred with notice at the time. but in some months
after Mr. Inglies son met him in the New York
Coffee-house, and demanded payment. But the De-
fendant's answer was, that he did not conceive him-
self bound to pay the Bill, as he was only nominally
concerned in the transatti.•n. A short time after
this, Captain Keaquick was arrested for the amount,
the consequence of which was, that the cause came
to be tried, some time since, in the Court of Com-
mon Pleas, aed the Plaintiffs obtained a verdiet,
which, on motion, was set aside, and a new trial
granted.
• Serjeant Coc e xi., on the part of the Defendant,
addressed the Jury at considerable length. He said,
the case, as it then stood, appeared very plausible ;
but he was convinced, when they were acquainted
with the hafts and law of the case, they would in-
stantly pronounce a verdia for bis client. The
Learned tierjeant then submitted to the Court, that
the Plaintiffs could not maintain this anion. as the
notice of the non-payment of the Bill by Cleland,
White, and Co. had not been delivered in to the De-
fendant.
SIT JAMS. Marasrtet.D thought there was suffi-
cient evidence of the notice being gi fen as soon as
the Defendant 'could be hitt with ; but even. if the
notice bad not been even in times he cooceivid the