The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-25 00:00:00

IHVAINSTOX W. BUTCHER.
This was an action to recover the sum of GL 16s. M. for agency
expenses in obtaining a release from the Quarantine Office for the
defendant's ship Iris, then in quarantine in Liverpool ;'.3, boor.
Mr. Cam PBE LI. stated, that the plaintiff was a ship-broker liv-
ing in London, and the defendant was master and owner of a vessel
called the Iris, which, in September. 1823, was in quarantine at
Liverpool. The plaintiff's clerk, having Ott/UROD to f'O to the
Quarantine Office, found there the papers belonging to the his,
but no person had applied far the release he therefore. as was
customary, applied for, and having obtained it, the plaintiff sent it
down to the defendant, and the vessel was released in consequence.
Application was made to the defendant for payment, who reynised
to discharge the bill, but had not at the time cash in his pocket.
Subsequeftly, however, he refused to pay, alleging that the plan-
Off had not been employed by him to do the business. But Mr.
Campbell contended, that as the business was done by the plaintiff
for the benefit of the defendant, and as he bad made a promise to
pay. the plaintiff was now entitled to recover.
The plaintiff's clerk and brother were then celled to prove the
tacit stated by the counsel.
Mr. Scaltr.sir, on behalf of the defendant, contended that the
plaintiff was not entitled to rocover ary thing. The facts were, that
,lr. Itutc:ter, being in town, wrote to Iris agent, Alr. Parker, at
Liverpool. requesting him to instruct some person to procure the
release of the ship. Mr. Parker accordingly employed a Mr.
Lucas, who went to the Custcm House to know if the ship's papers
were safely arrived. Having ascertained that they sere, lie, on the
saute day, wrote to his agents in town, 31easra. Lading and Co., to
apply at the Quarantine Office fur the order of release. When
these gentlemen applied, they found that Mr. Swainston bad
taken the liberty, without any instructions whatever. to obtain it.
This they communicated to the defendant's agent. Now ha (Mr.
Sea:lett) would say, that if it were allowed to any person thus to
interpnse themselves to do business for any one without authority,
then there would be no protection agar et the claims of any prison
who should think propel to seek into the circumstances of others in
order to make a profit by them. He would allow that the money
paid out of pocket by the plaintiff, ought to be paid by the de-
fendant, but not a shilling was he bound to pay the plaintiff for
agency.
31r. Lucas was then called, who proved the facts stated by Mr.
Scarlett.
Mr. Camenise. said a few words in reply. He admitted the
proposition of his Learned Friend, that it would be mischievous to
allow persons to interpose to make themselves agents for others
without any authority, but still he submitted the phintiff in thia
case was entitled to recover, inasmuch as what he had done was
for the defendant's benefit, and the defendant had himself subse-
quently adopted it as his thin, by a promise of payment.
The LORD Comte Jcsttet recapitulated the evidence, and
said, that if' the Jury thought what the plaintiff did was for the
defendant's benefit., sad that a promise of payment bad been made,
then they would de. ,1 a verdict for the plaintiff.
The Jury iinratdiattly tett:reed a verdict for the plaintiff, for
61.1&. 6d.