The British Press; or, Morning Literary Advertiser.
London, England, 1819-01-14 00:00:00

THE DROPPED CHILD.

uf the linmen fame;, be it much or little, is ali they do coil;
and when to this is ;sided the consideration that the gold
awl vtiv" 6° WWII sway` "lihe tit" spent by the Isttrehlualt Last night, at eight o'clock, Mrs. Marfraref Pete. 1
is ever on the return to a rithl industrious, and "teeTeivinti Pm 1411thec, a widow lady. residt og at the curlier of i
wines, is it not evident that this eresere evil or parting
Plnininer-street and Pliiiiitner.row. City.rnarl. the
with our specie can have its existence in the fears of ipso puitlier of the child dropped at the door of Me. :
I 1
rauce latlllt ? • I cameo' printer, '24, Tash.street, nod which has
.
But then it is said, lithe whole of this debt Mewing to Airde each a ulnae, was brought up to Hatton..
subjects only, it is thdi charging the active and industrials' 1 Barden Police-office to give bail, a trite bill having
. subject, who pays his share of the taxes to assiutain the in. I M
been 'bona against her nod Ain't!. Symons, the mill-
Idu and idle creditor olio receives them. wife, on onday lust, at the Clerkeowell Semeirms.
When this reasoning is urged it seems In be quite for- I She wits taken into custody by Limlirick on Tue.-
Igotten that sane of the inevitable comsequences of a nation I day, nod beiog ordered to give twenty-four limit,
i 'Meg in wealth is the division cf the people into classes or I ee Of bail, the officer kept her in sale custody
ranks of Muse who trust labour and those who need out Is- i until last night, when the business was managed with
haw; there is nothing, therefore, more absurd than to ima• i such Privacy 111'4 few Pe in the office knew !
thing of the emitter. The Gentlemen who ;
giiie that such a stale can subsist, and that the active and ; any
were to become. bail entered by themaclses,snil 1
; ladustrious are not to contribute some parts of the surplns I
secretly gave their tiatnes an address to the Cirri.,
of their earnings to the support of these who live without !
i! inimur_ote
pleation is,
whether ibis is
ni can he merely I alter which they went nut a returned with the
Lade, who was in waiting ut andstce ; she did not
of itself in any manlier prodoctive of IpCCIIIII4II detriment
remain in the Office above two minutes, hut, se.
to the Sus& I compsmied by her bail, came before the clerk end
It is assumed by those who state the proposition just r.l-
I consented to the terms of the recogarisance they Inv;
hided to, that one Fart of the people pay taxes 101 l that the
entered into. which wile, herself in :1001. and her
remainder receives them ; sed from this it is concluded,
1 sureties in 100/. each, to answer the charge. They.
' that these two classes have not merely distinct hut opposing
I then withdrew, without its being known who they
OS, . ' 1 lutenist,. But, in lire plan, first pla, the assumption has no ; er
were. She as dressed in rather a plain manner,
Rd, That if, for the purpose of the common forms of it
fonarlatinn in fact—sand in the next piece, if it had, the the better to disguise herself. She wore an old
teem+, we cell the money which we asy is borrowed by Ilie i conclusion is eatirely fallacions. A proportion of the taxes
thin thread-hare.red cloak over a black dress,
cnonnY• a 'lel'. ; yet that It i. "verwalY true, that "el' a 1 that every one of these idle creditors receives, he himself 1 a whirr straw bonnet, trimmed with plaid ribbon
debt is the only debt e• ustion eau contract ; and that he the I has first paid in trimmed with 11w active and industrious I and a bunch of faded artificial flowers. She is or
wecessary owlet• of every known principle of political I debtor, and all the taxes be thus ',replete are profits upon i the middle stattite, with a pleastog and rather
economy, the debt of II nation is productive of rouse/wore* I his capital. Again, an immense number of persons unite in I
handaottie countenance, not above 34 years of age.
directly opposite in their nature Ilium those produced by the I thems
• -- • --- ---
elves obese conflicting charariers of the idle creditor
debt of an individual. 1 and the industrious debtor. flow many merchants, trades-
This melte he made distinctly to appear from a cons-
1, men, clerks, soul vet-vents, are stockholders, sod who are
prison uf the doctrines laid deem by our greatest writers ! therefore iireessarily the payers of taxes as well as the re.
nit this %Metre of whom it is not necessary to mewinn I ceivers of them?
other items- than those of Home, Sir Jetties Steuart, and 1 But suppose, for a moment, that the active and inclin-
ed on smith, with the facts that have happened in slicers- trioris debtor pays to the indolent aunt idle creditor, how
M biUO !CC the respective times of those able men ; but the II doss the creditor dispose of the money he receives? It is
I eels of the outline I base proposed will not admit of this. . clear that, in his bends, it immediately becomes the ever
1 ~,.:, ii, refer, uuly refer the reader, who can APSE` Off i active engine to raise and distribute the wealth, that is, the
as;:;.,, prrjadiers, to Hume* Gary un Politic Credit, Shama , product of the (-smoky ; it employs the butcher, the baker,
.. , Ile v seems Consequence*. of Pnblic Debts, and Alam I the grocer, the coal-merchant, and that innumerable tribe of
;Is Will ..f l'uYie Debts, and proceed to examine the subject 1 indwerinus debtors iltrungli whom the farmer, the merchant,
-'-• clone. the ship-owner, the sailor, &c. are kept in employment ; and
..,,,i that a man may be ;tel.-tiled to in,ti..dr, I sr, in an endless succession. In what respect then can these
. -..- 40:I• min can sustain Iwo rharselers ; whilst he is imagined and imagidary characters of creditor and debtor
ideutirsliy himself be may be a trustee, atire.by the appro. I have opposite interests? In truth, they are unconsciously,
griation of the trust Nod in his possession to his own use 1 prelates, but necessarily acting the same part in the circula-
he may learome indebted to himself, a; such trustee, in thet 1 firm of the national wealth: the only difference is, that the
~,,,,,,ii ~r the mimics so appropriated; and this I apprehend I debtor dues it by his ono exertions, the creditor by the
I. 1:1e ate evit rase that can be put by those who say a ' exertions of other,.
eater's can Iber4lollt indebted. But this case, aunt examined, I Bat then it is said, that by this debt the resources of the
s. di be to mid not to differ in any respect Prom the ease of I country are anticipated, a fictitious wealth engendered, and
two persons alatmliog in the relation to each nth •r of ri.htor prices reinal to an improper height. As to the fest, there is
rind creditor, far it is not individuality of person, but indis always something alarming is the sound of anticipating re-
vieuatity of luttrest, that is the question ; in hisn,
on-ii proper sources--and, if those resources are limited, there is cli-
c', erecter tee man bats 1101 only the dirporition of his pro- t &Idly winellune of fetal mischief too. But if I have nor.
prey, but tier ,0,,,01,,,e ~,,,,,e, ~hip and "Hopei, heneeriet " reetly described the resources of the country, and 1 have
I strong authority in support of that description, they arc
use and cujoyineul of it; in his representative character he
has the disposition, or rather the poster and duty of disposi. I lidnite—that is, if the soil, the population, and the power
bon, end so much of ownership a, may be weessary to I mid inclination In labour, aurl, Lastly, the system uf govern-
give .ffiet to that power surl duty, sad nothing more; lbw meet of the country, may be considered as imfinite, it would
ahadnle owaerebtp mod beneficial use and ea:foment are in I he folly to spend time awl argument in aliening that there
ether Int-ions Oho have not, and, indeed, it is obvious eats. ' can he no mischief in anticipating, or rather that there can-
not li,ve any community of intend with hi not be, in fact, an anticipation of such resources.
him in reimeet off
the property ill question, ass 4 be therefore becomes by that I Aa to the second—the engendering a tient- wealth—it
Gyps...mon of rights, awl by that ouly, the &Isms, and the I may be boldly and truly said, that in respect of • nation fic-
vermin for whom he holds the boast-propel ty the creditor t I litmus wealth is as impossibility; if suy thing he meant by
loot it is toe clear to need imisiing upon, that if the same , those who believe is the existence of fictitious wealth, it
property hail (wen given to him in trust for himself, instead ! must be paper money or credit, as opposed to money of coin;
of surrilier, that no debt caul.l by possibility balm a. igen. I but it is evisteut that gold and ailver, whilst stamped and
This view might be applied vary extensively; the language ; &pewit' hated to the employment of a medium of exchange
of mortgaging the politic revenues is very familiar to those I Of goods for goods, that is, as money, can have no claim to
; i.e considered as part of the wealth of the country, because
who Are conversant w I,h the writings 011 political economy,
awl it is iiistantlY conelud,ll that a Sall Itkeali illaiVi. I it is evident that they are not themselves, whilst ass employ-
dual, may by such means have no income left. What is 1 ed, capable of being used for enjoyment or exchanged; and
that,
min worth iu respect of income, it is asked, who is acaah that could by soy law be lorkerl up from use ur en.
puesessed of an estate of 5,000/. per &totem, which is mod_ ; joyment or esclotnee,cati never, cuusistently with any known
gaged for 100,0001. so of
per cent. interest ? The answer is IninriPles be looked upon as wealth—unfetter gold and sit.
feadils—mobing. Anal then it is asked, how does the state yes from the chat:icier of money, soil they become wealth,
of a 'atom stiffer, the amount of whose utmost tarn is nut brewer they become exchangeable; hut then it is to be re-
more than %efficient to per the iutereal of its debt ? I marked, that the paper also, of which money is composed,
Go alien this is concluded It is nut en„Aderest that it is becomes equally, in principle, wealth, the moment it is die.
impossible for a nation to furnish a subject of mortgage, engaged from the office of a medium of exchange.
or ph dee; if it be pretended that the mortgage is of the Upon what principle credit eau be looked upon as wealth,
lend, theu the whole land of the ernintry is either in the pos• 1 has never yet, I believe, been explained; indeed, it seems to
;sass on of thu astride public, as wastes, COMIIII/11%, heaths, Liss. ; be clear that it cannot correctly be PO considered, for it is
us', if reclueed and cultivated, it is in the posses•sion of in_ I nothing more than a delay of payment agreed upon between
diviihrelsnow if it be pretended that these individuals arc .! the creditor and the debtor ;—its effect, indeed, in producing
the mo. tenger*, then it must be asked, who ore the ono. i the circulation is prodigious; but that is a consideration out
weirs ? Ie again it be alleged that the public RIC the most- necessar t" this discussion•
Y
rawer.. still the sane question occurs with the same .11111. If then money or credit he nut wealth they cannot be
cony, I apprehend, of answering it ; and how the &flintily 'elitism, wealth, and besides them there is not nor can be
is enure readily solved, if the ease be applied to a mortgage I in any country say subject of which to predicate as to
tor the colisinnehle goods of the country (Whack RCN with I WOOllll hut the soil and the product of the soil; and what
tire lend, the only subjects of • mortgage that one can cum- I part of these can be celled fictitious, unless gold and silver
pr. berode I am at a less to imagine. themselves C4ll be called fictitious, it is nut easy, I think, to
But it is stir!, that •Ithough lbie may be admitted, yet $ eoujectoie.
that, eubstsutially, there is all the mischievous rffeet uf My twee and concluding Letter will treat shortly of
allot pewter.) by she system of funding, ur, in other words, I taxes, and their effect upon priers, and coutaio • few general
1f a natiot:•l debt; fur asinine 11 is ISM a pert of this debt ulmeivatioue in the way of application.
be owing to forrieners, either they draw out uf the king-
dem anuitaliy a considerable quantity of specie fur Miens%
or else it is made an aigument to grant Item mistaken:dile
privileges in ostler to induce them to reside here.
Now as to the foreiguer taking the apes te nut of the king-
dom—this involves a quietism of considerable importance,
sin! upon which, as it appears to me, all universally manses
ow footings has keen imbibed ; there -hie always appeartil,
and Cote sidt appears, even in infatuation, sit idea that off.
tie is :drove ell oilier t biota the wealth of the reunify, that
ahem gold •nd Elver are gone atl is gone : it is impossible
in a short 'Any like this to go minutely into mammas, but
1 think a fee words will emilele thus* alto sal think shaped-

TO THE EDI7OE OF THE ERITISII PRESS.

ST. JAMES'S SQU.4RE.

The improvements in St. James's-square are nnw nearly
completed, and apparently will hare a delightful effect, even
in its infant state, in the ensuing summer. The idea of fill-
ing up the pond of water in the centre, as at first intended,
is totally abandoned, and all fur the better, as it will have a
pleasant cooling effect in hot weather, when the shrubs are
in bloom, and add considerably to the beauty of the square.
The pond is surrounded by a handsome gravel-walk, be-
hind which is planted a complete cluster of trees and flowers,
wall-trees, and winter-greens of every kind, Mamba clumps
of young plants, which are plec..l regularly between that
and the gravel-walk next the paling The four angles arc to
be green lawns, which are now covered with sod, as well as
the edges of all the walks. The circular walk next the pat-
ine is finished, except the part opposite York.street, on
i which the workmen are now employed. The principals n-
I trances are at the end of Cbarlea.sts •et and King- stret,
from each of which gates as avenue will extend to the car-
t eachrnuor sidedelryal call
is, anrdouiit correspondidi
s Ikeacid imw)itnthalia:
the
ed
otherw hi which h willwalks. be
Thilwirdpeort:.dd on
statue of Wi.liam ill. which
is in the centre of the pond upon a pedestal, will undergo a
thorough repair, and will he more appropriately decorated.

upon prittcp

.irmately to detect the fallacy.
Gold Ofid piker coo smrely be considered in nn other light
t',4!l as s 1.411 tins, of greut. r or less .slur, ul the con►uat•
aide goculs of the country; now these metals are either inili.
gcnims, like all other good. shot are mid ionligenow,
Loy 5.e 4. he pierelnoird; and with what are they Yinehasc.l!
I I, oily with 'huge thing. wet which ■ll other good. not in
ru..• are psi rhasm.l ; vuh giools the produce of inscu win
soil, or m inish.ctuired by our cwt. skill Lou! blaottroriil who
It
Soil, skill, soil labour, lire JIM 1111 hut Fri-
Mut ly eon clot the ennortry liothiro4. 11 d 0.1.1 Fuld *Hitt are
indirowiri, and sre foam! with c.v.:, they cost the Guar: but
link labour; if, with difficulty, they rust sow:: labou►; if
they are foot 140, and from whatnot r .vows are .1. ar or cheap,
thry, in like, ttiAntio-r, cost the pufrhis...r much or little its-
,our i lint z is evidtug th.st la scut es:madam('

'S~d ~

LAW INTELLIGENCE.

211a3. a quantity of rurr:a. and e. 1.0 to defray the ,tu..
tii s, and the individual whom he bad thus intrusted.
came to him some tune arta rwards and *aid, $' I pur-
chased the torus and sold them extremely well" (no
such transactions having taken place) " cud here is
the ptofit"—could that indiVidual. at a future
period, avail himself of Ibis own fraudulent con-
duct, and set-off there profits, alleged to have arisen
from ttenstictions, that had not occurred, against
claims of another description ? It was the affirma-
tive of this proposition, which lint Learned Friend
(Mr. Setjeant Vaughan), had to 'agave thia day.
Perhaps it would be argued, that the Plaintiff was
cognisant of those fictitious sales; but he would
prove, that the Plaintiff had Ito more knowledge
of tiny fictitious traiibuctions, than uity one of the
1 Gentlemen he was then addresaing.
,Tlie Plaimiff,
! to the last moment, believed the Defeutlants to be
i "lumina of guest affluence—and even Mr. De
iTasteo, one of the most cautious mess living, fool
I no hemtattoes in trusting them. Aco argument ad.
I vouteed it. the Court of Chatirers, be would here
I advert to. ft was said, that Mr. Latham knew no-
! thing of these t.ansectioot —that huts peewee, Mr.
I
Parry, was olune connected with them., lie would,
however, prove out of Mr. Latham's own mouth
that he was perfectly nwase of them.
Chief Justice AsooTa....as What is the question
we have to try ? If it be the settlement of a mat-
ter of sarcoma, the Lord Cbattcellar's ufScer could
have decided it."
lair. Setjeant VAUGHAN—" The question is,
whether, in an iictiati fur cash had and received, the
Pleiittiff can demand 51)105 of money. alleged to
he due on sales tint never took place? We have
overpaid oil the money really advanced, with MOS.!
Illus. legal interest."
Mr. ScAIII.ETT then celled—.
George Cartel, wiles deposed, that in 1812 and
lal:1, lie was clerk to Mr. Kapp. liorifig that
period Patty and Lathan' made purchases of winer
and routs for the Plaintiff, for wießat tie advanced
Looney. as well as for the payment alit.. (Wile. on
thesis. The Derendastil resolesra in sse.COlllit to
hint of the dderent sales. Each trmo..,etioo wan
complete in itself, Os no running accoulit was kept.
A coinmirsion *as allowed to Defendants out each
purchase nod sale,. Wititesa bad frecpient biter-
views with the Defendants nu the subject of these
transactions, at Lloyd's Cuffee-house, and at their
office. Mr. Carter then produced the nook, its
which all the traosacti #### r between the Plaitttiff
and Defendants, withr refereuce to the sale and pur-
chase of wines and ruins, were elitere4l,-...aud 101
those items on which a balance reshaisseil in layout
of the Plaintiff, constituting the claim in (location,
( were proved. The witness then Petted, that lie
I knew of oo fictitious purchase or *Wee if witteo—
but, on the contrary. always considered them real
i owl bonafide tritteacitoiss.
Cross-cxamined.—The sum ativanced, by Mr.
Rupp, froll2 the commencement to the termittatiroi
of these transaction', was 126,6461. 10s. 61. i-le
could loot say that the Defendant., during the artist
period, paid to Mr. 11app 01.7411. lie believed,
however, that a how r runs VLsol-usol hack sham sea
advanced, but the profits out the sales of wines, &c.
accounted for the difference.
Mr. Gregson, solicitor, proved that Mr. Latham
distinctly dinned, in the Court ef Ciiiimers, that
he ever knew of any fictitious puteltasee or sales.---
He believed, up to the time wit the bankruptcy
took place, that his ruttier, Mt. Petry, was acting
in a lair and upright manner.
Mr. Serjemit "t'aucarati astil, he ',towered there,
not as Coonsel for the Delimit/Lots tot the record,
but for the assignees under the commission ; and
he trurted lie would he enabled •to [trove, that no
Intiance whatever wus due to tae Plitiotiff—thd, out
the contrary, a larger twin had been paid bock to
him than he hid advanced —atid, conserptently,
that he had no right to prove any date aginnst the
estate of the bunkmate. His Lturned Fitetid„ in
opening the core, had introduced matter Wholly
Ilneousseeted with it. lie had chided to Mr. De
Tastrt, and to the verdict lie had obtained. Per-
haps it would he sight for him to inform hill
Learned friend. that notwiehstandiog that verdict;
Mr. De Taatet was atilt a cat dont. under the cum-
mit WOO to the amount of 1,0,0n0t.
.I.lw Culler JUSTICE bete interrupted the Learn-
ed Serjratit. 11e stated, that, out the law of the
case his tnitid was made tip—and suggested, that
perhaps it would be better, iii order to save the
time of the Court, briefly to lay down the life
ferrite ponds in which it might be timed, with re-
ference to a verdict. after which he would deliver
his opinion out the law, leaving it open to Counsel,
if they thought lit, to move herealter for a differeut

COURT OF 'MI6'S 'BENCH, GunoguLL,
WEI:0100AV, Jl% %MAT 13.

ifrtiquened %Wings nftet Michaelmas Term, before
thief Justice Auntrrr and liecial Juries.

it.itep P. LATIUM Mid PABST.
This action NUI, brought to recover the auto or
5.9241. 18s. Id. money had and received by the
Di-keit:elite for the use of the 161;1iiiiiff. The Dr-
fetichism Oradea. lirst, that they were not liable,
and ace antly„
Mr. SCAILILEtt stated, that the Plaintiff ions a
merchant of the ereetest respectability iii the city
of London—the Dere'Aleuts, !Repeal. Parry tool
Latham, vie:re tan well known to welder it emcee..
sary for lam to describe them. They were bank-
ruins; and, therefore, it inielit appear eitreoreli-
nary, that they were now called ow to deleted on
action in this Court. The Lewd Cheinaeltureekfo"
ever, winter the arecediar tercuinstenceo of the five.,
(Erected that this CSUSe should he awed, without
any reference to the. ciecunistenee of the Defeo-
dattee ielekruptcv. The Plaintiff claimed die Mein
of 8,924/. I 9a. td. as the balance due to him oil
various transactions with the Del...m.llml'. From
the evidence which he would tat' before the Jury.
no doubt could be etitertained of the existence of
this balance—a:id, therefore, all the difficulty of the
case would arise from the nature of the (Ideate w hick
the lateinied Serjeant who appeared on the other side,
Was iiiStrUCtesi to set up. At the time the tratreecttons
with Mr. Rapp took piece, the Defends is carried
on, in n very extensive why, the lassoes',
of tt ells
aud spirit-mercinents viol insurance-brokers. l'he
wine and spirit bushiest was cho fly superimendeel
by Perry, the insurance-department by Latham.
Mr. RI NI was poosesveJ of a very large capital, and
he Was ready, when proper opportunities ucteirreel,
to speculate with a portion of it. Petty Ind Li-
them applied to him, in 1 fil(2, when business was
wither doll, stating, that the wine trade was still
open, and, if lie would consent to Havener .mule Ca-
pital, or to join with them, that they hail no doubt
the speculation would be lemitel the isio-t pre:tit:dale
mode of employing any fund* he might have lying
idle nt his banker's. 5I r. Rapp having the utinoot
colifidenee in the honour mitt integrity of the De-
fendants, though he knew nothing of the wine trade
himself, declared that he had no objection to wire
in this proposition. He accepted their propnwd, to
join in @peculation% in the wine business; but his
consent was hot unqualified, as he etioulated,
that he Should be advised of their proceedings,
from time to time, in order that he might have
an opportunity of judging for himself. Accord-
ingly, the business proceeded—and, on various
occasions, wines and wenn were bought and sold by
Latham aud Parry, hut more particularly by the
latter, fur the benefit of' the Plaintiff, vrhu.puid
them a commission. Rapp advanced them money
to purchase the articles, and to defray the duties—
advices were sent to him of purchases intended to
be made of particular cargoes of rums and wines—
and accounts were rendered, when they were re-sold.
Theie was no running-account kept Jae/timely-the
parties, but each individual transaction nettled itself.
Thus Mr. Rapp,' when applied to, advanced cash to
purchase a quantity of wines, and ulso to pay the
duties thereon. When the wines were resold, the
Defenelarets gave bills for the whole, or pert of the
amount, awl the business was either completely
closed, or a certain balance remained due tin that
particular traiesuctiun. On some of three iratesac-
bons there was considerable profit—oil others cer-
tainly a lots. Here it toight be necessary to state
specifically how the Plaintiff's claim arose. For in-
stance, suppose Mr. Rapp advanced for the purchase
of wines, and the duties accruing thereon, u sum of
4,000/. and Perry tend Latham afterwards accounted
only for the re-sale of one-half of the wine, the
oilier moiety formed a charge ugaiost them for
iiiii ney had and received on account of the Plain-
tiff. Sometimes wines were purcloped mot paid for
with the Plaintiff's money, none of which were
sold ; and, in such cases, the Defendants eeie
ac-
countable fur the whole sum received. In either
instances, it occurred, where the sheenlatiou ap-
peared to be a very good one, that the Plaintiff and
Defendants meted as joint-purchasers. Fur in-
stance, the Defendant' might stale to the Plaintiff,
66 We have an opportunity of purchasing a cargo
of wine, amounting to 6,0001. on most advent-
tartlets terms, and, of that sum we are ready to
advance 3,000/. aud you can put down a like sum."
Here, when the re-sale took place, if the whole
sum, as well that borrowed, us the profit which
was made, were accounted for, the trensuction
ended. But, if the original sum advanced by Mr.
Rapp, as well as the profit, were not pot down,
then a balance remained in favour of the Plaintiff,
constituting a sort of partnership account—and the
Jury would see that some few of the items of
hilance usoutued this character. The Plaintiff and
Defeudanis had gone on to this way for some time,
when an event took place. which ',hewed that the
affairs of the Defendants were iei a bad Matte and
they mon afterwards became bankrupt. One ot the
creditors, of the name or De Tastet, had the good
luck to seize upon till the wilies end spirit* belotig:sig
to the firm in the Docks, to the amount of 50 or
60,0001.—aud I was equally fortunate in olnein-
ilig a verdict in this Court, which protected lain in
the possession of the property. %%lien he had
achieved this, lie totaled round on Mr. Rapp,
as an assignee of the bahkrupts, tola him he should
not prove outlet the comenission at all. The
Learned Gentleman 'low value to the real point of
the case. 114 was argued. on the pert of the assig-
nees, alto opposed the Plaiiititt's claim, that there
was a set-off against it. 6' True it is," said the
Defendants, 66 we received various skims of umeey
front Mr. Rapp, at various times, need tie various
transactioine for a proportion of which We still have
to account with hien; but, on other °cessions, we
paid him certain profits, oil different i.ums charged
to us, on transactions distinct float those on which
be claims—many of which truusactions *ere fictiti-
ous—for, often when we said we purchased mid *old
sums and wines, we bought nothing anti odd nu-
thilig—luet made use of his money for our non pri-
vole speculations—mid we demi to tiet-olf flume
refits on supposed Maki toalatieem Clinrgsti to
us on either elements." Nasty the Learned C.ilitibti
illsl not thinkt hat any such defence could avail Sate-
roe be stud w c:ie of the J (.I%y, hCtvis want I: •

verdict.
The Counsel on each s;de coin ided in the pro-
priety of tine suggestion.
The (*.MU JUSTICE then stifled, that, as it struck
him. the only points in which the case could Le
viewed were these
First-11 the Plaintiff have a right to take these
transac►ions 6.411'41y, and to consoler the amount
of the pints not accounted for by the Defendants,
as money had and received for his rise, their Ire
would he entitled to a Verdict for the gross suns
stated in the declaration.
Srcmtd ell' the Hennaf have s right to take each,
transaction separately, but trust cons►de► a sale or
part of the goods purchased, as ending that twirl cu.
Jar item. if the produce he equal to the stub origi-
nally advanced—then, confining the care to duvet
transactions where the sum pent did not equal the
stint advanced, be would be viStitled to a male( fur
a Ins amount thin that now claimed.
Thud—lf all the tramhsctiosis are to he teLers to.
:eller. mid the tshole considered as an advaur.e tit
money ms one side. Illnd a repayment on the other.
then the Plaintifr tossbeed overpaid (hating advanc-
ed 126,0001. Hod received I 31,0001.). and the ems.
dim trust be for the Defendants.
The Counsel. .on each side. having agreed that
these were the only views of the case—
The Otter JusTics proceeded to state his 01>i'
Dion of the law. If these had been real treos.tc•
lions—if the Defendants had acted es the broker
of the Plaintiff—if they had really and bona Ad*
purchased commodities for hint—and had not fairly
accounted to him—then, had they mutioned sal.
ble
vill.:uentr"stim.t.:giftitlf°l4.*474llthc:wreertuurPe"refte7l7: trlertnt. Beouplu—itrneseth:l'-c::"ti":ltareccchlasioldifillediaibsetw4*lri9tgets:44l:4
Wait Ut):!S II Alki vinsidcrtd as ilviisik:oli.latkho;

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