The British Press; or, Morning Literary Advertiser.
London, England, 1807-11-11 00:00:00

COURT Of COMMON MEAS.-41ov. 10.

GILLIT e. DAWII•111.
In this cause, which had excited considers d! in.
terest amongst the Rocha.liar% and Printers of this
metropolis, and with the particulars of which. as
detailed in our report of the trial at Guildhall, the
public are already acTrairted. S njeant VA tro n Rigs
on the part of the Plaintiff, moved fee a Rule
to show cans. why the judgment sheald not
be entered up to the full amount of the sum Spei
oiled in the declaration, viz. 18001- and upwards,
Of a new trial granted. The Verdi& of the
JUry, in this case, gave to the Plaintiff every thing.
mines the amount of the charge for printing, and
the value of the paper, the property of Defendant,
which was consumed by the fire, in the printing.
house of the Plaintiff.
The Learned Serpent was inclined to gnarrel
with that decision, first, upon the ground that the
Defendant could not avail himself of the set-off
made in the demand of 51'e value of the consumed
paper, and nett, upon the general principle of law—
that a man has a right to be paid for work done
upon all article, although that article, in the pro-
gress of the work. should be lost or deerroyed.—.
With resped to the alleged usage of the trade, it
was in the recolleaion ot the ('curt, that a Food
deal of contradittory opinion had been disclosed id
the testimony of the various witcesses produced on
the trial ; and the Jury, in returning their verdift,
did not state any recognition of such a custom,
although the Court instruaed them to deliver an
opinion upon that point.
LORD CHIRT JUSTICe—" I smile& the ease.
and. in my apprehension, the July, upon the whole,
decided rightly. With regard to the general rine
ciple of the law, it is true, that a mta has I right I.
be paid for work done on an 'thole, although that
article, previous to its completion, be deshibyed, tile.
less the general usage ot the particnlar trade be
against it. With respeft to the first groand of this
application, I think it a strong one ; I have all
along thought the Defendant could not avail him
self of the set-off with raped to the paper ; but
with regard to the verdid, wheal'r an opinion wse
stated by the Jury or not, 1 have no more doubt
than f have of my own existence, that they con.
sidered the Defendant not bound to pay for printing
a wot k which was consumed before the delivery
or, in other words, they considered it the custom of
the trade, that in such cases. both bookseller and
printer should sustain their mutual le.ses.—Take a
Rule."

Atter some unimportant motions, the Court pro•
cxedett to the trial 01 Nisi Prow causes.

. BROWN, WITZPAZIPACIC, and Others.
This was an alion of trespass. in the dwelling-
house of the Plaintiff, on the SI st of May, at Isle-
worth. it was totally unsupported by evidences •
and the Plaintiff WAS non-sailed.
teIIAIIRRA and WII2, C. VANIBLS.
This was an adion of ejeament. brought by the
Plaiotiffs, for the violation of the covenants of a
lease under which the Defendant. as die represent..
ative of Mr. Meyer, held certain houses so Fut.
ler's-kients. otherwise the Wooden World. ►etween
tsoldea-lice anal Goswell.street. The lease bad
been granted. in the yeas DOS. by Mr. Jones. the
father of Wers. /voNamarar, whose legal hair she
was. There was a pessove covenant, imperative
on the Lessee. to keep the premises in constant ree
pair. It appeared, that as.cut 15 year, ago, one
IA the houses suffered ea's. wrahly by tire, and 0
others were so weak in their foundation, at'
it necessary to lighten them by one story.
garder.s, which at one time belonged to them,
ccr.veried by the Defenuont into a burial•gr
Several W:zneases Frovrd the decaNed star
which plc masc. v,tie suffered to tall;

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