The British Press; or, Morning Literary Advertiser.
London, England, 1819-01-08 00:00:00

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wrote to the Defendant, stating, that the wines were
to he sent nn account of him and Mr. Byroe.—
%%Theis the wine was ordered, great apprehension was
entertained that Catalonia would fall into the hands
of the French, and, in consequence, Spanish red-
wines would bring an ussuaually high price. Spain
having been evacuated by the French, witness wrote
to the Defendant, in the mouth of June, when the
l'enretts wag on tier voyage, expressing a wish that
:11l order's 'riven by him for wine, banllts, &c. up to
the end of June, al Id he Annulled. Th. wins..
shipped by the Prorel were to a :Mr. Tussle-
suns, hrforr thee orrivell in this country. They were
afterwards disposed in lllesse•. Linglialts and Co.
All the wine. shipped from Gibraltar, its the year
1809, turned out very bad. On the eth of August,
he apprised tits. Defendant, by letter, that lit and
Air. Byrne would send the wines either to Guernsey
or Gotteisbarg, on Defendant's account. Before
am answer to this letter arrived, the wines were
solo%
Mr. St:mitt:TT here took an objection. In the
declaration it was set forth, that they, Broom, and
Byrne, did jointly give the order tor these wines.
Now, (rum the evidence, it appeared that the order
was given by a letter, from Bensons dated the 35th
ofJaineary, 1809, when Mr. Byrne had sin interest
in the traiametion—since it was nut till the I till of
April that Bruarin apprissil the Defendant of the
joint interest of Bcrae and himself.
Mr. NIARRYATr contended, that the proceeding
was, throughout, essentially a joint transaction ; so
perfectly an, that the parties could not have brought
separate stetsons.
Mr. Justice HOLROYD said, there was consider-
aisle luice in the objection raised by Mr. Sciirl•tt,
and he was tint pr, pared to say, that lie would riot
ultimately succeed in it. But, as it. went merel•
to a matter of fonts, lie would not not/suit the
Plaiiittlf. on it, hut reserve it for argument else-
where. This M'IlY the most proper cotir4e of pro-
ceeding, as it would not interfere with the merits
of the ease.

Mr. Morris, a broker, who sold the wines to Mr.
Timpsam. stated, thet they were us general very in.
different. They did snot smell like go.mirl
They were not wines fit to be delivered into his
Majesty's stores, for the navy. The cargo of the
Protest consisted of 90. pipes, 39 hogshead.; of
which *boat twenty pipes 'ought he siserchantible.
The casks were old and biol. He had known Spa-
nish red-wines sometimes become acid its the course
of the voyage from Gibraltar ; hot he believed,
that, if *isle were Originally sound, and was pro-
perly fortified, it would not grow .our in cowing to
this country. Mr. Timpsolt refused to receive the
wines, WIIIM he knew their quality.
•Mr. Crisp, to volume house the wines were sent
for sale, after Mr. l'impson's refusal, had tasted
several pipes, and found, it; general, that the vines
.vere u erehantable. Fie endeavoured to sell
wines. but the greatest offer he had was 15/. ta
:hon. Had they been good wines, they would hove
produced from 841. to A/. per tun. The net pro-
oer,ls were 1.5471. Is. 3d.

Mr. who purchased the wines from
Messrs. Crisp and Co. stated that he gave 15/. per
tins for them, under the ides of sendinry them to
South America. They were in a very "'bad state.
De did not think they could have been sound when
shipped (ruin Gibraltar.
Mr. SCARLETT, for she Defendant, said, that this
action was liron;;ltt with a pecillier ill grace. Mr.
Benson had been himself at Gibraltar, and was on
the most friendly terms with the Defendant. The
consequence of this intimacy was, that when he
returned to this country, he requested the De-
fendant to purchase wines for him, uut es on agent,
but absolutely as a partner in the speculation. It
was, therefore, rather too much for him now to
turii round, and to bring his action against an in-
dividual, is agent, who at the time the order for
the dine was given, and when it was bought, con-
ceived List he was acting for himself, as well as fur
the person who was the Plaintiff, though lie hap-
pened also to be the witness in this action. It was
clear from a letter of Benson, dated in January,
1809, that he then considered Mr. Pinker as har-
ing a partner's interest iii the purchase of the wine.
Then, with respect to the alleged negligence, could
it he sopporied that a man, who believed, as the
Defendant did, that lie had a direct interest in the
trans:iction, would not have taken every precaution
his power to execute the business correctly ? A
discretion was evidently vested in the Defendant, as
to his purchase of wines, arid his mode of shipping
them—for, in a letter of the 16th of February,
Mr. Benson expressly said, " I am always pleased
with whet you do."
The two letters alluded to by Mr. SCARLET?
were put in and read.

Mr. MARavArr, for the Plaintiffs, denied that
the Defendant had ever been looked 011 as a hart-
ue► in tins transaction. The invoice proved this,
in which the Defendant charged a regular commis-
sion for his trouble.

At the request of one of the Jurv. Mr. Morris
was again called to the witness-box. The Juryman
wished to know what leakage the wine had sus-
tained in the voyage to this country ? If the
leakage were considerable, the air would get in, and
materially injure the wine. Mr. Morris read the
entries iu his book, from which it appeared, that a
leakage of front three to thirty, forty, and even SO
gallons, had taken place in different casks, lu
swine instances, the wine had entirely run out.
Mr. Justice flotcovu, in summing up, re-
gretted that an action of this stature, which im-
puted twgligence to •au individual, ordinarily re-
siding in another country, had not been brought, if
there were proper ground to sustain it. at all earlier
period, instead of nine years being suffered to
elapse. ere the matter was brought to issue. When
so extended a period had gone by, the most satis-
factory evidence of the neglect ought to be laid
before the Jury—and it wits for them to say whether
that which had been offend was perfectly con•
elusive.
The Jury, without hesitation, reterned a verdict
fu► the Defendant.
This cause occupied the Court from its sitting
mod ball'-past lour o'clock.

The Middlesex Sessions will commence on
Monday at Flick's Hall, the Old Bailey Sessions
Wediwsday, and the Admiralty Sessions at the
setae place ou Moudsy uext.