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London, England, 1807-11-04 00:00:00

had taken place, or to determine that Mr. Keys
was only to receive back the 1001. inst.ad of receiv.
nq, according to their original agreement, the sum
of 20001.

The Loao Csiatrcettna observed, that the same
arguments might havebeen uszd, al:hough the 'um
to be paid upon the contingency bad been four
times peat*, than in the pietent instance. The
Court had, upon former occasions, said, that it a
man will deal with persons in that way, and agree
to piv a sum upon a certain contingency, there is
policy in m tking such bargains fair and reasoliable ;
for in carrying such bargains hire execution. the
Cotut at least gives to tfe distressed individual the
whole benefit of such a contra& No man could
doubt, however, that the present case afforded a
fit subjed for inquiry, and therefore he should can-
nano the injandion.

COURf OF LING•S ISENCII, Can , Nov. 9.

THOMPSON V. WiLLINO TON.

Mr. Gaaauw stated, that the Plaintiff is a gen-
tleman who had been in the East Indies. and had
accumulated a large I,rtune, part of which he lad
embarked in the cotton trade, as a buyer and seller
of that commodity. The Defendant is a broker,
residing in Manchester, and wa4 employed by Plain-
tiff to dispose of a qumti:v of cotton. On the 20th
of November, a `lr. Roberts offered fourteen-pence
a pound for it. and in some short time after, De-
fendant soli it (or eleven-pence, to the great loss of
the Plaintiff. This aetion was therefore brought t.‘
recover the difference. as he would shew that the
' loss was occasioned by the neglea of the Delendaiit,
and also for a balance that appeared due by the bills
of sale furnished to the Plaintiff.

. _
Mr. Martin, Clerk to Mr. Thompson, proved the /
different bills of sale sent by Defendant to Plaintiff. I
Mr. Roberts proved that be offered fourteen- I
pence a pound for the cotton to a Mr. Hughei-, who
did business for the Defendant, and agreed to wait
until the 'londay mottling following for an answer.
so es to give Defendant time to writs to the Plain-
tiff fr:r his approbation. On the Saturday following
he met Mr.liughes. and water' him, had he written ? I
and was answered in the negative ; on which witness
thought himself ezonseated from his bargain.
On nis creel-examination, by the ATTORNEY.
Geseasn, bc said that he had never spoken to the
Defendant, and did n.it know bow far Mr. Hughes
was authorised to aU for him, but had never seen
line other person sell cotton for the Defendant but
Hughes. A letter was produced from Defendant
to Plaintiff, dated the 210 November, stating. that
the Markets were dull, ati: the most he could get
few the cotton was 13 or 14 pence a pound An
sneerer to that letter was next ;vac!, dated De.
cemher S. stating. that Plaintiff was surprise
that he cotton was not sold. as he ha I been in-
formed by a Mr. Goseling, of Manchester, whom
he had written to for ihe purpose of inducing him
to become a purchaser, that there had been 14d.
offered, which had been refuwd ; also requesting
that the cot on might be sold, as he expected U.
&Want was tired of as well as him-elf. Ana-
iher letter was produced, dated Dec-moer 18.
wines by Mr. Hughes. for Defendant, to PI iintifF,
stating. that the mayhem w..re very Liw„ but that
he would dispose of the cot ion as soon as possible;
and that as to the offer made by Roberts. there was
some mistake about it.
The Areossee-Gsusaa 1.. for the Defendant,
stated, that on his first view of the Ease, be thoUPIN
it use of the most complicated he had ever s• en.
but his opinion was now quite contrary. It had
no- been proved that Hushes was authorised to as
for Defendant, nor did it appear that there was
that kind of agreement between Mr. Hughes and
Mr. Roberts, that would make it obligatory on the
latter to take the cotton, even if there had been a
communication suds to the Plaintiff, and his sn-
eerer, s-ith h.s assent, had beets received in due

d Et.Lassoaouott said he wu of a different

or •-on.
Arroenev-Gessaeat continued to argue.
r'• it Mr. Hughes, n^t be.og the Agent of the -M.
endato, he had no lieu to communicate the offer
to Defendants Vat Uefendant certainly did net
know to the off'e'r or Ise surely he would not have
wiitten in , en lose ' e did, on the 214.1 o Nov.
to the Plaintiff t hid not 14 en proved that he
would not have • ten 14 pence, if he had known of
the offer ; for,eriorn oe got the letter of the 224
menti,•ning that it was supposed there could be 13
or !4 pence got for it. he did not seem to be 'a a
horry but kept pondering over it, until the .sth of
Decein'-er. Under all those circumsta, ces, h, did
not think his client liable fir any loss that might
have occurred on the sale of the cotton. As to the
balance of the sales remaining in Defendant's
hand*, he did not dispute it
Lord Ectenaoaouoir toad the- Im.y they were
die best judges, aid to make up their miti..s on the
fads, as they were proved; that they %vivid con-
sider how tar Hughes was an agent, and from rn
judge how far the Defendant was responsible fir the
loss to Plaintiff'. The Jury retired for half ..n hoc.,
and returned with a verdid for Plaintiff-9571. 19*.
4d.
BUILDOM V. CORPOSATION 07 TRI •SIITON CANAL
COMPANY.
The ATTORNcy-GtHica A L stated, that the Plain-
tiff, Mr. litirdaii, had a sum of 5.0001. iu the WM:
of a Mr. Wilks, who was also agent to the Ashton
Canal Company; that on the persuasion and advice
of Mr. Wilks, Plaintiff agreed to lend that sum to
the Company, payable in two rats and a half. on
condition of six. months previous notice being given,
to near five per cent. interest, and to be se, ured by
a inflame on the tolls of the company. The
money was .dually delivered, and a receipt given.
Plaintiff, upon applying to legal advice, to have the
proper %ethic". drawn, was intcrmed, that the Cor-
poration had no right to grant the MOttgAge, as
there could not be any priority in claims apinst the
Company, and that 90001. had been repaid to Plain-
Mr.tiff Edward Manners proved the receipts given
by Mr. Wilks, for the Corporat•on.
Mr. Gerson, Clerk t i the Company, stated, that
the Corporation wished to pay the Plaintifi's de-
mands, but wanted time, and that there would be
sOOl. soon ready.
Lord ELLENBOVOUnn was of opin,on, that Plain-
tiff ought to take judgment, with stay of caccutios,
far a recce:. titles

Mr. 0 • 11 R *w. Counsel fornefendants aerptiescect,
and it Ira, s-ttled that 5001, 41.(..)1e1 he 1 t:in • •
months, t.4lt the remainder m tw.lve months r d
the atLer halt two 'wars, with interest, each p sty
to pay his owe coat.

-
BUTOMIS •. A TSIWII.
This wss ao sabot bravest by the owners of the
ship Me, against the nwners of t!,e slop "Irma 31.1.14,
to recover a compensation in Jama,..tes. thv layer
hssting rust foul a Viet:lse, !wiped her ,snw ar,,i
damaged her otherwise very filtlC? Hth
were beating out of Torhay. bei• sr part ot a con •‘./
bound to the westward. It !):tving huen roved
that the accident was occasicned ty,the fit ' ft of
the officers and crew .4 rh. Im, a tferia, vie Jury
returned overdid for the Plai -tiff

OLD JIMMY. NIDV. I.

-- -
Nothing either impi.rtant or interesting occurred
in any of the trials in which ter Cow' were this
day eng Ted. The following sae bas a compara-
tive preference to public attention.
Georse Feltheis stood capitally incßted for steal.
irg seven boxes, containing so idry di,zeos of store
and also sundry pounds weight of mould
s, then the roperty of Mr. J .cn Dawkins,
deceased, but now hclongtog to his Exe-utors, and
Thomas Shipman, for receiving the same, k.iowing
them to be stolen.
It appeared from the testimony of one William
Baker, a servant in the employment of Mr. Day.
kins, late a 'fallow-chandler. in Mourt-str...tt.
Grosvenor-square, that the Prisoner, relthcm, a
Sr. aprre:itice, and had, during a tedi.,us illness of
his master, been cunfi ennalty entrusted with the
care of the business. The Prisoner, Sicipindi- was a
Cabinetmaker, and a particular acquaintance cf
Feltharn, so much as scarce to miss an evening
without calling on him at Mr. Dawkins's hen. .
The Witnass miss-d several boxes out a
store-morn, to which he and Feltham had access,
and in consequence of some suspicinas, he mut-
municated to Lis master his apprehensions of the
honesty of Feltham. A wisrris,ii was then pr,-
cured to search the apartments of Shipman, e ed
sundry boxes of eandlrs, and boots and shoe- . 'he
property of Mr. Dawkins, were lcund. on the Mb
of last OZtober.

'lke lordlody of the house "'here Shipman
lodged, proved, that the apArments where [le am.
tides were found belonged t the l'r.soner, Snip.
wan. _ _ _

A Mr. Fielder, the Attorney of the late Mr.
Dawkins, was called to prove a confession of Fel-
then,. as it affeaed tae Prisoner .-Jupusan.
The RICMIDEII asked was the latter present when
it took place; Ee:ng answ •red in the negative, the
Court could no! receive the testimony. VerdiFt in
both cases 4 a.alty.
Jaireb liewitrorr, a soldier in the East Lon& n
Militia, was a,9 •itl ed of fleabag a trace hat nets,
the propaty of Mr. John Green.

POLICE.

u:=imr•* at. t..

A baker, signed Tait, who tesi.e. near Kea.
rirgtes-aoss, Lambeth, was yesterday charged
belort the Sittirg htigistratas. by 'b- Parish In.
sp eon. with exposing a quantity ot br-.id f< r
deficirn, in weight. A quantity of light bread was
pi winced, by Lloyd, the Officer, and tl.stre ap.
peartd i t thr whole a de6c:eney of 117 ounces, for
which the llvtencliost was fined 291. 51. _

Al out a month ago he W4I lined for a similar
off-nee. _ _ _

iirr.ry Slade. a baker, who lives ir, Duke-srreet, is
the parish of St. Savour, Se uthwark. was ar_o
charged at the above Office. with LkewLe exprising
for sale a gthurity of 4r. ad, wh.ch bri• g produced
in Court by Mai•. rn Offi-:er. and there 4pearing a
great deScrenc%. the blAote s ordered him to
be fined the sumo! 21L 3s.

BOW STRUM.

Wall ins Smith was last evening brought before t!.
pre>iding Magistrate, having been seen by one of the
officers who attend Covent-Garden Therre, to put
his hand into a gentleman's right side-pocket, and
afterwards into his left, in the passage lead:nes front
Bow-street to the pit. The officer immediat- !y took
him into custody. and searched hire, but could find
nothing on him. Ha bad lost sight of the Gentle-
man ia the crowd going into the Theatre.
The prisoaer, in his defence, stated, that he is a
poor man, very much aglidle I. being in a bad stale
of health, not able to work, aid earned a penny by
going errands and holding lories.—He was com-
mitted to prison, nut being able to find hail.
Mrs.. Winn r. a very respettable looking woman,
was hreught up. charged by a oft. WMgfiel 1, a
pownbtoker of Di uty-lane. with del:mailing him
of 30s.
• Mr. Wingfield rated, that about three weeks
or a month ago, a woman very like th- prisoner,
came to bis shop, and pawned a bundle. containing
several articles of weating apparel ; next J., she
easeragais, and proposed to redeem it, and at the
Linke tune on pawn a piece of cotton.—‘'.'t ne,s hav-
ing placed the bundle upon tee counier, proceeded
to measure the cotton, and the It/M13.111 shortly after
said she had changed her mind. and would not redeem
the bundle, ■n t went away, (Joon examination,
lime,•ver, he found that while he was measuring the
cotton, she had contrived to substitute for the ori-
ginal k,unti ie. one crattly like it, but of no value
L t Monday evening, a, live n'elack, the Prison r
carne to Mr. Wingield's shop, to p two alt OWO, d
the sk)rnan took her into tustoay. All vie women
who kid contnitted the abov.• fraud. She was i- -
neediatety taken, with an infant eht.,l in ner at • I,
to . Gtlei s watch.house, where she was confititu
until br aught up last night at eight o'clock. Mi.
AVtap.,tield could not swear posaively ti:at
r,e person who had committed the trait&
The M hoist erre censured Mr. W. far
Mrs. Win:er so lung confined. without Wing
floor* a Magistrate. in defence of wash,
states. that on the evening the Prisoner was
i,,to custody, he wig obliged to attend
Bailey nevi nine o'clock at nitzlit, and the
until two, he being bnotrd over to prosecute
Several respettable persons gave Mr:. V,
most excellent charaaer, and declared their
ness to assist her to seek redtess.—Mrs.

she was
keeping
her
Mr. W.
ras tak,n
the 01
nest d..T.
e there
Vim a
rir res
-
W.ras