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London, England, 1809-12-21 00:00:00


into Court, butthe Plaintiff ' went for twenty4hrer
per cent. -
Mr. ATIVINIIV-GgS URAL. Counsel for the De-
fendant. said, that be was instructed, by hi* client,
the uoderwriter, to agree to any mode directed by
his Lorikhip.
Lord EL L 041101issUGH directed that it should be
sent Up as a case.
COLE V. }WIWI VV.
Mr. A rein N 11Y-GEN ERA 1. stated, this was as action
brought by. the creditors of a Mr. Doi le, to recover
from Defendant the value of the ship Cerberus ;
Defendant had been • creditor of Doyle, but, find-
ing he had become insolvent, he got him to make
• bill of sole of the ship in question to him, the De-
fendant, to die great detriment of ,the Plaintiff ;
but, fortunately, the bill of sale had proved not
to be a legal one, as, in the first instance, there
was a mistake in it, and they re-executed it in Sep-
tember, the first execution having takco place in
Jimmie, 1807, on one and the sume stamp, which
must prove fatal to it.
This este was fully made out in evidence.
Lord EL LZPII3OIIOI.IGIi being of opinion, that it
woo illegal for a stamp to be made use of for two
purposes, directed the Jury to find it verdict forth..
Plaintiff, which they accordingly did. The ship
having hero lost since the execution of the bill of
bids, it was left to two of the Jurymen to inquire
Ina determine what was lie.- ralue at the time of
her being Inst.

COUKT OF COMMON PLEAS,GULDHALL.
Sittings bckre Sir JiME3 MANSFIELD. Knight,
gild n Special Jury.
RUGG and 01146110 V. MINIT and OTHEKS.
TUE LiTE FIRE' AT DOVER.

The Plaiiititla—are;ti;lesiel; (frogmen.% in Fleet.
street, and the Defendants keep a banking-house at
Dover, and are agents to the Commissioners fur the
care and disposal of l?onida property. The Danish
high )omug Henry was cosioriatied as a legal
prize, and the cargo sold at Dover, the produce of
which was appropriated to the draits of the Admi-
ralty. Our readers-will recollect, that, at the Sit-
tings after !Michaelmas Teruo, 1805, before Lord
Elleeborough mud a Special Jury, an action was
brought, is grocer, by the Plaintiffs against the
Defeudants (es Ageuts of the Danish Commis-
sioners) for the recovery of 14131. being the:
amount of turpentine bought at the Defendants'
sale, and which, before it was delivered to the
Pleintids, was buret in the Defendants' ware-
house at Dover. The Jury, in that action, found
a verdict tor the Plaintiff., subject to the opinion
of the Court, on the point, whether the whole of
the casks of turpentine, or any part of them, after
the sale, were or were not to he considered a- in
the pomessiein of the Plaiutiffs. On jhe abore
special case, after hearing what was urged by the
Counsel on both sides. the Court di- ided, that all
the casks of torpeonue which were /staged, were
to be considered as in the Plaintiffs' possession,
and at their risk ; and that those which were not fil-
led op anti bunged, were in the possession of the
Defesidaiits, and at their risk ; out of shout lilty-
four casks, only nine could be proved to be ste-,
lounged, and for these the Court ordered a verdict:
to be • entered. according to their average tame,
which was liBl. It apt eared, on the trial, that an
uncommon degree of carelessness was the occasion
of the the; hut no advantage could he taken of that
eircninatailee by the. Plaintiffs. modest action was,
brought to grocer. The Pi If., Wen-fore, wire'
well edvieed in lirioging the present action, which.
was on the ground of negligence.; reel, indeed, it
appeared that the tire was occasioned he the most.
gross negligence and incaution, the Defendants
having permitted their serviuts to go into the wire-
houses, where turpentioe and gunpowder were dime-
, sited, with unprotected candles, notwithstanding the
doors were summing ono the bilged spirits of tur-
pentine. Morph. it,' lie witness, w lio was in the ware-
house when the tire commenced, was, though a stout
fellow, so much frightened with the sight and idea of
the gunpowder exploding, that for fuer days hr lay
senseless and .stupefied ; and, on his coming to him-
self, declared, that having lately read some Metho-
dist sermons, he could not persuade himself, when
he saw the dames !oust forth. but that be was ac-
tually in hell. The fire' was dreadful ; but, very
fortunately, a Seats regiment, living itnertered at
Dover, lent their assistance; and there brave fel-
low, eistcied the warehouse, ohile one part of it was
burisiaq, and got out the barrels of gunpowder,
sod rolled them over the eliflis ioto the P.. 11 ; other-
wise the whole loan of Dover would have been de-
etroyed.
It eras clearly inured, on the trial, that the tur-
pentine was worth double the price it was bought
fur, (on account of au uncommon rise in that coin-
anelity,) at the time the tire took place ; but of
the loss of profit the Plaintiff. had thus sustained,
the Court took no cognizance.
After hearing Serjerint Best, Mr. Puller, and
Mr. Lawe., for the Plaintiff., and Serjeatil Shep-
herd surd Mr. Ostrow, fir the Defendants, and the
trommiug up of the learned Judge, the Jury found
a verdict for the Plandiffs—edemeget 11671.; which,
added to the sum of 2400. recovered in the former
action in grocer, made 14151. the full amount of
the money paid by the Plaintiff* to the Defend-
ants, for the turpentine wlich.was destroyed.
Private advice" from Spain state, that ROMAN•
has set out with a reinforceegent of 12,000 men to
take the command of the arty of La Mancha, and
that the Spanish Government has ordered every
male, frau) 16 to ISO, to take up arms distrly
in defence of the touutry.
The !suers by the Carlow Meil hare supplied as
with w kw imettculan of the defeat of the printapai
Spani.h army, at ()cane. This disaster was chief-
ly, if not solely, owing to the gross ruiscooduce
of the Spanish cavalry ; the greeter part of which
was posted on the right side of the linr. The enemy.
heron been ',pulsed in an attack on the left and
mitre, endeavoured to torn the right of the Spain-
reds. The cavalry, whole ditty it was to counter-
act this movement. SO far from makeup a vigorous
effort to prevent it, refused the charge of the
French horse, and fled in disorder. All the
dreadful coneerpiences that might have been expect-
ed, followed arming. A general panic was diffused;
end every men sought to provide for hio personal
safety in the best manner he could. It was, its fact,
a total rout and diversum.