The National Register.
London, England, 1821-08-13 00:00:00

6FAMAN V. CORDER.

This was an actimi by the indorser against the acceptor
of a bill of exchange fur 1561. drawn by one Mayhew.
The case excited considerable interest from the nature of
the defence set up by the defoulaut.
On the part of the plaintiff the usual prima facie case of
hand a ritisig, ptesentment, and dishonour, aas proved, and
in fart admitted by the defendant.
The defence set op on the part of the defendant was, that
he had been completely ass indled out of the acceptance,
with whit h he was now attempted to be charged, under the
following circumstances :—Fessinis of the names of Gibson
and Fannin had employed the defendant, who is a respectable
cornfactor in 111 a. k lane, and one of the Society of Friends,
to sell a parcel of !parley, consisting of 94 quarters, an older
for the delivery of als ich had been originally given to the
former fur the same purpose by a person of the name of
Mayhew. The latter had had dealings with Messrs. IYooil-
ley's in the corn trade, but they had refused to give him t red it
without the guarantee of the plaintiff', for such transactions
as they have will. him; and it appeased that the
plaintiff' had given a guarantee to the extent of 3001. The
mats 111 question had been the property of Mayhew, and ITT
the time of this tisinsaetion he was under engagement to
Messis. ‘Voodley's he) ond the amount of the guarantee, and
in order to reenact themselves, they were desimus of getting
possession of the COTII, as they were promised they should
do by May lit w. ((tillpeared, lion ever, i hat Mayhew, being
desirous ofturning the corn into c.ssli, had employed Messrs.
Gibson and Fames to sell it, and accordingly gave them an
order fur delivery upon the captain of the slop in which it
had arrived. Messrs. Gibson and Forma, in their turn,
having succeeded the defendans in his business on the corn-
exchange, requested him to dispose of it on their behalf in
the usual COMO' of business. lit the mean time, before the
corn was actually di-posed of, the plaintiff and Mayhew ea-
deavoured to prevail upon Gibson and Fomm to accept a hill
on account of the expected proceeds. This they declined
doing, as it was out of the ordinary course of business. The
plaintiff then, in concert with Mayhew, made a similar
application to the defendant, and the bill of exchange in
question was actually drawn and presented to him for ac-
ceptance. At fist he refused, saying he was only an agent,
and objecting to the form of the bill, that it was not drawn on
account of the core which Messrs. Gibson mid Fomm acre
employed to sell. The bill with then taken away, and the
nines of Gibson and ',warn introduced into it, and in the
result the defendant was prevailed upon to accept it, upon
a positive awmanse that the corn should be delivered to the
(order originally given in favour of Gibson and Foam. These
circumstances having reached the knowledge of Messrs.
Vissidles's, alto had expected that the corn would be de-
livered to them ns u security for the advances they were
snider to Mayhew, they became incensed and called afloat
the plaintillatid May hew to account for the deception which
they complained had been practised upon them. The plain-
tiff and Nlayliew excused themselves by saying, that it was
lea late to recall a but had been dunes that an order for
the delivery of the corn had been gist n to Messrs. Gibson
and Fomm, and Gaut the defendant had actually accepted a
hill of exchange in taiticipation of the proceeds. Messrs.
Woodleys, however, complained that they hail been
sus appled, and line of the brothers said he should nut leave
the house a heir the parties tact until they performed their
engagement with him U pun this the plaints feud Mayhew
retired from the collating-house for a few minutes, and on
their return gave Winalleys an order upon the captain, to
deliver to them the rota in question, and at t lie foot of it
they recogisized the previous order, gives' to Gibson and
"Minns ; but countermanded ii, infortniug the captain, that
lie ails not to deliver the corn to the former order. It was
slated, that the very next day May hew had &nailed himself
and is fact his body was found in the River Thames. Not.
withstandmg the circumstances above disclosed, the plain-
tiff, to alum the bill had been indorsed by Islaylsew, now
brought the present action against the defendant upon his
acceptance.
Ab bOOll as the facts above stated were proved in evidence,
the learned Judge asked Mr. Gainey, a hat he would
.choose
to du in the case.

Alr.Gu. my said, he %twill be hunsuited, and his client
nos insinuated accordingly.
Nothing of put.lic interest took place in the crown court.
11A If A RD, ESQ. pi lam e. IiouNIER.

Cu I,II.IISFORD, AUG. was no ac upon the
statute of Anne, against the defendant, to recover a penalty
of 51. for keeping a dog for the purpose of killing game, not
being dilly qualified.
The plaiiitill 's case was conducted by Mr. Maropili and
Mr. Jcssop, and the detendithes uy Mr. Gurney and Dlr.
Chity.
The plaintiff wiis stated to be a gentleman of landed pro.
petty at Harrill, in this county, and the defendant a con Si -
ileiable landholder in his ueigbbourl d, in the parish of
Helton Buinsled. The farts ',roved against the defendant
wire, that be kept a sever Mich, and two puppy pointers
in his house. The question was, w holier the defendant W. 114
liable 10 a penalty fur keeping a dog lar the purpose of kill-
ing came. _ . _

r. (min. y, for the defer.lant, submitted, that (hi.
was [early not a case within the statute. To bring the
defendant within the pen:stile., it 'must be clearly 'hewn that
he kept the dog a .th the iuteol ill kill game.
Mr. Just ire Bui lough ex pte,scd extreme regret that this
:militia had beau tirou lit h) a gentleman, described as a Wail
Of 1011Ulle and respectability, because hr thought it one of
the harass! that ever came to his km's% ledge, but lie wils
buaud to [ell thrill.). I hat a man phi. helot a •purling dog,
though there aas 111/ prune of hl, having actually used it to
destroy game sins liable to a peaalty. The sa:ae uhserva•
lion %fluid nut apply to the keeping of a gun, because
a gnu is !wean:try it/ Ua• dent 111 a of a moo's
But there is no UCCNSIU II I'M a mini keeping a sporting dog
for that par pose. A EOM 111011 ill/Ilse dug a 0111,1 answer the
same obj. t cipially well. .11 lie sins a sung in Ins tuling, tlie