The British Press; or, Morning Literary Advertiser.
London, England, 1804-05-05 00:00:00

Don ,ti.ns rectsved.
L r d. I

Al Sir R H-rrres all Cu.
D.,cnetaafDevossiu.•r $ 0 0
Ab. . . • . . 1 0 0
At the Cuurt Gude ° c*.
Mrs. Davison, Esq. 3 5 0
A Lady. . . . 1 0 0
Ld. D 2 2 0
Jena Cl.llO-ot2. Esq. 2 U 0
Mr. Cle.nro!l, 1 0
11151.C.Ciamtt,, 0 10 I

LAW INTELLIGENCE.
COURT OF CHANCERY, Mar 4.
LORD VISCOVHT COURTENLY C. OODSALE.
The Loan CH ASC r. ma this morning delivered
his opinion upon the motion for an injunetion made
in this cause, to prevent the Sheriff of Devonshire
from proceeding to sale ender an execution levied
at the suit of the Defendant, upon the furniture,
plate, !sc. of Lord Courteney, in Powderham Castle ;
the particulars of which were fully stated in THE
BRITISH Peen and 'fun Groin of Thursday.
His Lordship began by ob.erving, " that a Court
of Equity might interfere by injunCtion, if this case
was founded in any imposition upon the weakness
of a thoughtless young Nobleman ; but if this de-
mand has arisen from mere compliance with orders,
however extravagant, I know no principle upon
which this Court has ever afted, by which I am au-
thorised to say that the Defendant ought to be pre-
vented from immediately having the full benefit of
this execution ; and that his account shall, ten years
after it has been contracted, be now submitted to a
Jury to investigate the reasonableness or the exor-
bitance of these charges. Some of them are cer-
tainly such as would astonish must men ; but the
Defendant has positively sworn, and for the present
purpose I must take his answer as true, that the most
exquisite materials alone were used, that the most
eminent artists alone were employed, and that g ild
and silver were lavished in profusion, all by the
immediate and positive dirthions of Lord Cour.
teney ; and he also same' that his charges are all
fair and reasonable. In the present stage of this
cause, therefore, Lord Courteney can have no right
to say, and indeed this bill does not charge it, that
these charges are exorbitant and unreasonable.
"The first pan of the transaCtion immediately un-
der consideration, commences by Lord Courteney't
giving a bond to the Defendant for 8,500 I. and this
ivas evidently without any settlement or examin-
ation of accounts. This bond bentg put into the
hands of Pybus and Co. the Defendant's bankers;
upon the first instalment becoming due, they de-
mand payment of it from Lord Courteney ; and.
after some delay, 4,0001. is paid. It has been said
that this bond was placed with Pybus and Co. for
the very purpose of extorting the money ; and it
bay have been so, for tradesmen, from apprehen-
sions of losing a customer, very frequently do ne-
gociate these son of securities, in order that they
may excuse themselves from any harsh conduit, by
saying that it is out of their hands. A proposal it
then made by Mr. Lee, the Solicitor of Lord Cour-
teney, that the Defendant should take the bond out
of the hands of Pybus and Cu. and give further
time for payment of the rem ii.ider ; in which case
Lord Courteney was to execute a new bond for
70001. which would nearly amount to the babas,
of the account. *fo this the Defendant sect
upon the debt's bearing interest ; in which case
promised to allow eighteen months credit. But
here a difficulty arises what eighteen months' credos
means. Is it to be taken from the commencement,
or the conclusion of the year ? If the former, then
the accounts are right. fur he was merely allowed
six months from Christmas ; but if the true interpres
cation of this expression is, that the Plaintiff shall
have eighteen months' clear credit from the expira-
tion of the current year, or from the time when each
article is furnished, then they are wrong."
Mr. Rossi LLY.-0 Many of the articles were fur-
nished in °Globes and December of the year."
Mr. Le A c n.—" There could 'at nurnisunierstands
ing between the parties at the time; for Mr. God.
tall sent in the account with the interest charged in
this manner ; and Mr. Lee, in ane of Us letters.
clearly recognises this mode of charging the interest."
Loan Ceases'. son.—to Passing over this point
for the present, it is clear that this bond for 7,0001.
was intended as nothing more than a security liable
to an account, and it is quite plain that up to this
time, there is nothing to prevent the Court's looking
into these bills ; nor can the Defendant complain
of this, for it was his own bargain with Mr. Lee,
that the investigation of the accounts should be de-
ferred until some future time. But the question is.
Do the subsequent transaCtions for ever close the
question of quantum merait. If a person has been
feeding the improvident extravagance and capricious
taste of a young man, the Court would certainly feel
an anxiety, that the reasonableness of his bills should
be thoroughly investigated before a Jury, but in a
commercial country like this, the point must not be
pressed too far. The Court must consider the hard-
ship of calling upon a tradesman, ten years after
these perishable articles of taste and fashion are
thrown aside, and the artists who construEled them
are in their graves, to make out to the satisfaction of
' a Jury the real value of each particular material, and
the fairness of the charges.
" Not a syllable passes between theparties concern-
ing these accounts until the first instalment on this
bond becomes due. Mr. Godsall then presses for the
payment ; and to be sure, upon every principle of
justice, he was intitled to rimed the payment of the
first instalment, as there could be no doubt, how-
ever much the t.ccount might be reduced. that that
would be due. A good deal of correspondence
then takes place between Mr. Lee and him ; due-
former proposing that turther time should be given,
and the latter at length consenting, solely upon the
ground of his account being closed and settled. He
makes this an express stipulation. and asks Mr.
Lee's opinion whether he would be sale in 'accepting
thi; security ; telling him that the sum was it
tecial importance to his family. • Lord Courteney
was at this time in possession of all the bulls, and he
refers them to his steward, Mr. James, for tzarina-
ation • who makes deduCtions to the A .1,),011t of 1 ',MIL
and then Mr. Lee himself returns the bills to the
Defendant, who crmserrts to the desluditim, which
makes the clear balance 8,270 1. 7s. 9d. •Godsali
evidently bad no other idea in his mind tban that
this was a final settlement of his account, and be
therefore accepts a new bond for the exaft amount
of his demand, by which the payment is postponed
until the year 1799. If Lord Courteney err Mr.
Lee conceived there was any deduftion to be made
at a future time, why was a bond given for the
ma amount as settled by James; and why did
they permit the for g interval, from the execution of
the bond to the period of payment in 1799, to pass
over without any ii.terrnecliate application, Of a
murmur of cearplaint ? Nothing but a d-ad silence
prevails ;innl the year 1799, when Mr. Godsall ex-
. pees to receive pal of Lis zOOOcY ; all this time

London- l'Sistrod by .1. Bs ACM No. C• Ciddinith's-ceurt, Great New-error, and pulsrshed by W. WI
the ' itor received at the 0011;:t. and ty t?:- fanning I%ookrUers: Mews.. bs s ass and Soi, Great
strait ; Mr. No. 190, rtealdilly Mr. B• 11•11, Bri "-street, Westminster; Messrs. 11.144. c
No. !V IS. 1:' 'Urn ;Mr. J. A•PERNI. Cernbill; Mr. Fataastria, ; 1. anJ,J. HANDY, No. Iti+,
the Fiteipal 13aaksetiat..n R r VOtTSD 11:!grogratea,

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