The British Press; or, Morning Literary Advertiser.
London, England, 1820-12-09 00:00:00

LAW INTELLIGENCE.

- •
COURT OF CHANCERY, LocoLtis lint, . •
fIUDAT, DECSIISLII t.
.---- .
The LORD CHANCELLOR came into. Court JIL
half-past ten o'clock. •
AN AINMIFCARY'S Rill-
LOUD AND OTHEN4 r. WORNLINGTON. •
Mr4.II•IILT moved, on the part of Me. Jonew.
than lIIA Lordship would (leach:age au order of IMP
graildil.g an 111:11,.t.:
Honour the Vice-Chancellor.
[too to restrain Mr. Jones from proceeding at law
against the Defendant. It was a bill tiled by .
three creditors of a person or the risme of ‘Voriti-
I riatoo, who was deceased, against the Defendant.
his executor, for a doe administratton of the warts
of she testator. The circumstances were. that
Mr. Jones was a medical gcn.lernait, soil had al-
tetried the (Decreased, in his profess offal tifulifitfs
for a length of tune before his death. He I ri,ifette
his 'who.' against the Defend/I.ot, s thr ax. cone
rd the testator, for the recovery of the alumna of
his bill. The ()Mirthlls filed the present trill, sod
olotainecl a decree for the admitiistration of the ici.
tower as.ets. but he would lease it to his Cords'iiii
to decide. whether it 41as out for the purpo.e of
defrauding Mr. Jones' out of the am tof Ma
bill, and he was convinced his Lordship would be
of that opmtott when he was informed of fO.:
amount of the debts chimed by those Gent:enter,.
'he Plaintiffs. The debt te' Mr. Lord ag iiisi we
testator's estate was 7/. 15s. 61.; Ott of He' ry
Worniiington, another of the Plaintiffs, ft 5:,.;
and the debt of the third Plaintiff, V. li.. M.:
was aware the rue of Court was, when a decree tar
administering the assets or a testator was obtained.
that it stopped all proceedings at law by so advProe
creditor, but if the executor pleaded ter-the !Khoo.
lie was bound to plead peopPrly ; but its this case
the Defendant had pleaded many false pleas, and
in the teeth of which Mr. Johts had got a verdict.
The case of Fetherley, iii hi. opinion, was a OnCilP-
uise on this point, as decided by his Lordship to
the }ear 1819. He took the principle of that caw
to be where an executor took himself out of the
protection of a Court of Equity, by potting in a
false plea to an action, he made himself liable for
the debt, ant the Court could not protect loan us
he had acted in his own wrong. Under Omar coii-
undershoots he hid no doubt but his Lollllolllp would
!discharge the order of his Honour the Vice-Chan-
calor.

HoRNE, Counsel for the Defendant, said,
that his Learned Friend had made a Ini>take when
he called the Plaintiffs Cent/erne,' ; they Dever pre-
tended to the honour of the appellstiou; they were
very poor melt ; mud however small the aUfliS wrie
that was due to them from the testator's estate. frcue
their situation in life it was of that amount they
could nut ath.ord to use. His Learned Friend Lac,
however, forgot to state what were the feels of the
case, hut had allowed that duty to fall on him. si:d
he was convinced when the Court was
of them. that it would be of opinioti that the order
of the Vier-Chancellor was the proper tate, lit-r.t.,;
such as the justice of the case replied. The facts
were, that the testator occupied a small farm its
Leicestesalsire,aud nu account of ill health was coin.
pelted to give it up and go end reside in a small
house in a village isi she same county, W11.•lw ,!
unhappily because acquanard with Mr. hart's
client, who uofurtunately administered mere physic
to hint than his whole line of ancestors hail ever
had administered to them. After the drath of the
testator, Mr. Jones, the dealer in medicine, appli-
ed to the executor (the Defendant) for the amount
of his bill, which was no les+ a sum than 4‘.:11., t
he admitted he had receives' 1001. of it during Cie
lifetime of the testator. Th, Defendant, hoa,,ver,
was not able to get an account of the items of the
medicitie furnished until Mr. Jones Isrimght Ins
action, when he was furnished with a bill of pima-
cellars, which bill of particulars it became his (the
Learned Coursed's) duty to read to hi, Lordship.
It was as follows, To nine visits at night
to the testator and fifteen in the day--"
The LORD CNIANcEI.I.oR-.•" What does he
charge fur lois visits ?"
HORNS—" One guinea a visit."
The Learned Counsel then proceeded to read t!:e
other items: To 5,718 dranghts,l6B nti.stn,el. 1 I p
bullisses, 68 lotions, 78 lininients,
.258 loxes of
pills, and other doses to the amount of 700.
The LORD CHANCELLOR—" ()colon, here, Mr.
Home, for I am afraid the recital of so much
physic will make me sick."
Mr. HORNE said it was not his intention to
trouble his Lordship with more than another item.
which was fur seven times inoculating the testator.
He understood inoculating meant tapping the tes-
tator for a dropsy, and that he was dropsical could
tint be doubted, if he had swallowed the coistetits
of the bottles charged its Mr. Jones's
.bill.
The LORD CIIANCEII.I.OR—" Is there no allow-
ance made in the bill for the return of .bottles stud
pill-boxes?"
Mr. HORNE said there was not, it was probable
that the testator had swallowed them twill their
contents. Mr. Jour. had procured the atfitliivit of
all ostler residing its the village, that the testator
used to go about the village with the physic its Ma
hand, and that be came to him, the ostler, one
'tight to his stables, and asked him to help him to
lake liis physic. He was at a loss to know why the
professor of medicine had ealled in this aid ef Ake
;metal:nit on horses; fur whist did lie move ? aotbing
but what was 'mot natural, fur lie would iressrpre
to say, that if any of his Learned Fr ends had talten
the 100th part of the physic churl; t i • the 6:l',
they would ask for assistance to take 1.:,e
Ile denied that the. Deb misfit had plensbd a
p!ea to the atitou of the Doctor : .he ti :.t plea a. a
the general 16.11 C ; the second a set off, which tress
the Mu/. paid to the Plaintiff at ...V during the
lifetime of the testator; and alvu ;idulitzed
assets us his hands of the testator to the rowing of
2001. although he had tof that sum. but he 'tad
done it liecative he offered to pay ,laid. to Pr-
Jones on obtaitinig a ftel•111t iu tall, which 'he
Doctor refused, slid he p.od it tutu Court, mud the
Jury gave a verdict to the Doctor for that amount.
When the decree was obtained, iitAuce was given 10
the Doctor mit to go to trial ; but in Ike hate of
that notice lie went to total, cud could it ler said that
the executor was wrung aitentbog the trill, for he
had merely dour so, us lie did out call a single wo-
rsens. .He contended ihat the Vector hid no hos•-
nese to go to trial after lie was its red with the notice

I

M

i;

of ibe Ards*, for «vieh reasan. he ottgbi to Le com-
relied to to under the .krree of the Court, and
not talitalkswest to so personally) against the exe.
color. The case quoted sty Mr. Hart, be con-
-4.1040 Ad not boor ots thin, as that was u verdict
.beibia.a defter, and this was a verdict after a decree.
4sittsnrnion the jttstire of the caw was, that his
Lostbitup ought to confirm the order of has flo-
nt.atr Vie Tice-Chancellor. by dismissing the mo-
lir,' tv;th C 091%

Mr. HART replied. and said, however laughable
:he statement of his Learned Friend had been. it
‘..onieJ one necessary ingredient, that of being
‘erifird!
,‘ Ir. HORNS %cm* At a less to know what kind of
ver•nratiou his Learned Friend wished for. All lir
June was to read his (Nlr. Ilart's) client's bill
r.f o.%rticalicrs or part of his !peel ti. which bill of
he had handed up to his Lordship for
ii.rtl•lll.
LORD CHANCELLOR...." It appears that
NI,. ;1 in does tint like your physic, Mr. florae.
fi'a't I hand yon down the bill of Ridiculers, Mr.
? Perhaps yon would sorely: illy
ie th- physic to Mr. flume's.'! •
rl flaw" said it was nut necessary, as he
g:••• irA hie TO*00:1 oil the practice of the Court,
caul en executor could nut be relieved (sous hit

4't mr rnntz.
LORD CR 1.11CREL011—" NV Rat inssed before
hi re-Chancellor ?" . . .

DART told hr ilia not bold • brier nu that
CC• e!'011. . .

117. I loaNr.--." ilonnur thought the notire
ci-tree ought to Intve tooppeal the action, and
ts,e %t ere nut blameable fur appearing ua the

I' LORD CHANCELLOR flaw! me up the
pro, eethogs and I well p•all them before I give my
;us': 111..0." Drciiion postponed.
1-1,• Lordship rose at twenty usitottes before four
cl‘o k.

rtIORT OF KING'S ■EM'H, Wrsurvirrcit,

FRIDAY, Dressurist 8.

Allure the LORD CHIEF JUSTICt and a
Apeeiut Ju►y.

'BLACK V. PAITEC. ♦ND THOMAS.

Ti,';!. was on setiou on the ease, of which the fallow-
were the ciictimstances as they appeared in
r. i•iehce:—Thr Plaintiff is • merchant, and resides
at ‘;l,go, in Ireland. The Defendants ere bankers
NArberth. near Haverfordwest, in Wales- In
the month of October, ISIG, one William Allen,
who hid been living near Isiarbeith, and had there
•I Aril in business, went on a mercantile speculation
far Sligo, and introduced 'himself to the Pltiotiff,
and sequested him to engage in some bu-loess for
f.:in, which the Plaintiff at that declined, but on
• I ;• rrirytiog him to the Defendants, the Plain-
t tfiari,iented, ft their answer rhinilil prove sati6fac-
(ay, to trinisact the business. Mr. Black hereupon
• 4Vrvie to Messrs. Sayer and Thomas, ilifoiniing
t!•,..31 diet Mr. Allen bad applied to him, and had
;•,tinied him that be hid bills to draw on them,
rod requi-rting to be informed respecting I:itn, as
iy (Ow Plairciff) might probably take some lOUs
r.nn Into. On the receipt of this letter the Dr-
1-n.iritt% went to their Attorney, and under hit
thi:e wrote on answer to the following effect ;
s 7. ''hat, in all their transactions with Mr. Allen,
t • ey loud always found Inn) strictly correct ; and on
i ieaving Wales, lie had *eyelid bills of their ac-
,•-iitniter, *loch should lee dilly honoured alien
-t !assure doe. In consequence of this Brower
e Plain dr advanced and paid st veral sums of
or( :ley for Allen, amounting altogether to 7001. for
• Allen gave him two bill, of exchange, one
cf Luoi. drawn by him on one Acres, of
aus dirlionoured when due ; and oar far
Inui. on a Mr. Allen, of Featherateierbffiliiings,
which was never accepted or paid. Allen
it'•era anis Went to Dublin, and to,k the benefit of
It:o Irish Insolvent Debtors' Ail, and n t any diet-
deed was ever received. The Defeinlant, Thom,*
el.e,wards went to Sligo, saliele, in a coliverraiiiin
milt !I lie had with the Plaintiff, l:e ockoowledged,
i•: t i• presence of a third person, that they hail eh- '
✓ii:rd horn rating in their reply to the Plaintiff's
that Allen had just before taken the benefit
of
t'.a Insolvent Debtors' Act in Wale*, for fear of
i,j,iring his credit. He alto admitted, that they
I ed advanced him 400/. and had taken a security
tat that (and SOUL which he owed them previous to
iieloliency) on hill wife's property.
Mr. BROUGHAM, for the Plaintiff, contended,
ti et the suppression of a material fact was as much
a r: ,:representation as the fabrication of a positive
ilin•!.oud; and that the Defendants, by coneettling
V.e important fact of Allen's insolvency, had ie.
el iced the Plaintiff to give him • credit, by which
)' I:ad sustsined a loos of 7871. 94. which sum the
Pie'otiff was entitled therefore to recover by their
verdict. . . _

W,tnesses were called, who proved the facts as
above stated.

Mr. Scaar.m. for the Defendants. called no
eituesses. but contended, that the Defendants were
rot bound to inform the Plaintiff of every cirrain-
sti..ce of Allen's previous life and beleatiour
evec.fic inquiry woo made about billy, to whirl, they
tad given a 'specific twister. He also argued, that
as co evidence bad been adduced to thew that tire
t'limtiff had give!' notice to Allen when the bill on
Acres for 500/. was dishonoured; and that, as the
wort of such evidence would prevent the Plaintiff
from recovering against Allen, if this were on se-
t: en against him, so it mast equslly preclude the
Plilutitft from recovering lainst tine Defend. eta
a t!:.-!present case.
The 1.0111) CIIIFF JUSTICE summed up the vi-
ePi:C.. to the Jury, and observed. that, with respect
to the last ulq. clion of Mr. Scarlet!, it was true
v.e riot of notice of the dishonour of the 500/.
L, I would hairs been a good defence as for Allen;
Lut titre was another circumstance to be cont.:tiered,
whne was. that Allen was an entire stranger to the
Plairtiff when lie went to Sligo. and when he left
t• err it might be impossible for the Plaintiff to give
the cotice, as lie might nut io fact be acquainted
vith the place to which he went. But the material
epettmn to the preient cue was this, was the letter
vilicti tire Dufendants wrote to the Plaintiff untrue
in itself, and written with a deceitful and improper
motive ? Was it true that Allen bad been
" strictly correct" is sal his transactions with them ?
Thin it most be remembered urn not a question
respecting Allea's word conduct, but the inquiry

was as to his respitosibility and atigiciettey a a
merchant. and it appeared to him that the answer
was not only deceptive by the suppression of
material fact, but also by the allirmation that
Allen's conduct had been to strictly correct."—
Instead of writing a candid answer to the Plaintiffs'
letter, they went end consulted their Attorney to
stud such a letter as would induce the Plaintiff to
to give Allen credit, and at the same time without
rendering themselves liable.
The Jury, after a short consultation, found a ver.
dict fur the Plaintiff—damages 700!.
Tl.i. was afterwards, by consen►, ►educed to
IGB6/. 14'. on account of a snrn which had Levu
paid in Allen by the Plaintiff, provioasly to the
receipt of the Defendant's letter.

COURT OF EXCHEQUER, FRIDAY, Dammam 8.

IMPORTANT Tl► PUBLICANS.
THE. KING V. WILLIAM BORDEN.

Th. ATTORNEY-GF.IIERAI. said, this was an in-
formation to recover from the Usfroidatit, who is
gll I.ll.ttYli 111 wine and spirits, two penal-
ties of tnig. each, fur having twice purchased api-
tits front a person, not being a licensed distiller,
and lA,O penalties of soot. for having received into
Iris stole the same spirits, being new spirits.
An Officer of the Eyelet proved that the De-
fend int was an entered dealer in spirits.
N 0111416.4 Wintrnarsh (a coninion informer) swore
that he hood sold two quantities of spirits, of live
galloon cacti, to :lir. Griffiths, the Defendant's por-
ter, at a ply in the Strand, at (lilt. o'c IDA
io the ruling; that he watched Griffiths, and
saw hint take the •puits into the Defendant's store.

The ATTORN ny-Gm4r.RAT. in opening the case,
0341, he would csll Griffiths, but when Whitmatsh
hail given his evidence, 'laid, he would reit the case
here.

_
Nlr. J FRVI% for the Defendant, said, after tweet
five veers yrins prsetice at the Bar, he molt envy the
arrntrance of the man, who after telling the Jury lie
would rove the forts this case by the evidence
of the 111111 who siild the spirits, and of the man
who received it, should how ft at 1111 Ca•C on the
evidence they hid heard, am? call Oa the Jury to
find a verdict on inch testimony. The Learned
Gentleman then called 31r. ‘Vlitte, who keeps the
I:edbird Coffee-house, Covent-pule'', mail 31r.
Pteitly, a wirer-metclisnt, who both proved that
Whitinarsh bed lived with them us cellsrinun, and
hid been diselterged for theft, which lie It of eon-
fe•sed,they both swore they wonld not believe him
on his oath.

The Defendant's porter proved that he bought
the ,:pii,itv„ not for the Defendant, but for a friend
of Lis own, and only brought it into his rnit.ter's
t•tore before Iw wits tonne in the morning, to keep
for a few minutes. till his liientl came for it ; he
oleo proved that 11'114m:wall had entle 'vowed to
prevail on turn to join in _.,olvitig information apitivt
publicans us they could Induce to buy
from them.

The ATTORNEY.GENERAT, adilreatied the Jury
in atinialrt 01 Whitrivirsh's evidence, but without
any hrattation they found a trait:A for the De-
reolint.

~i
f
f