The National Register.
London, England, 1821-06-18 00:00:00

1.41F' REPORT.

COrItT OF KING'S BENCH, 31.1:2 15.
DAv y v. IiODGYINSON.
This was an action for the repairs of a bons.% *lle
tenement iu question is situate in Albiomplace, Mar k-
friars, and belongs to the city of London. It was de-
mised by the city some years since to Mr. John Soane;
Mr. Soave let the house upon lease to the plaintiff, Mr.
Davy; Mr. Davy underlet it to the defendant, Mr.
Hodgkinson ; and Mr. Hortgkinstin, in ins turn, let it
to a certain Mr: Mann. Throughout the lettings there
was a clause for keeping the premises in tenantable re-
pair and, upon the determination of the original leame
in the course of last year, a claim for dilapidation rang,
tocsin like, a signal for strife to all concerned. The el Iv
demanded fOBl. fur repairs; Mr. Sortie put the onus
upon his lessee, Mr. Davy ; Davy shifted the claim
to his tenant, Mr. Ifodgkinson ; Mr. tiodgkinsolt. in
his torn, att,cked Mr. Nlanit; and Mr. Mann, having
Ho one in his rear, stood boldly at bay, and refused pay-
ment. Legal proceedings were, in consequence taken ;
Mr. Sortie recovered by arbitration against the present
plaititif, Mr. Davy ; and Mr. Davy, in doe course, for
ammo( of repairs, and costs of defence to Mr. Swine's
suit, now brought the action against Mr. flodlakinson.
The jury fuuoti a verdict for the plaintiff.—Damages to
be settled out of court.

CAPON t'. CROSS.
This W3q an action fur money had and received. The
plaintiff is the widow of J. Capin, a eiiwkeeper ; the
defendant is a cowkreper in his own person. Mrs. C.
soon alter her husband's death, purchased a certain stock
in the three per cents. reduced; subsequently, she trans-
ferred her property to the navy five per cents., and placed
it (in trust for herself) in the name of the defendant.—
The defendant held the stock for a email' period, and
sold portion of it, from time to time, for the use of the
plaintiff: at length the executor of John Capon set up
a claim to the remaining part ; and Mrs. Cross in defi-
ance of notice (tom Mrs. Caron, delivered it into their
hands.
Mr. Gurney now contended, that as the defendant had
received the property only from the plaintiff, to the plain-
tiff alone he was entitled to give it up —The amount of
the claim was 2061.
Mr. Marryai, for the defendant, pleaded that Mrs.
Capon had purchased the stock in question with money
purloined from the estate of her husband : he also pro-
posed to show that the delivery by Mr. Cross had been
made at the desire of the plaintiff herself.
Witnesses were called on both sides: the evidence was
contradictory.
The Lord Chief Justice left it to the jury to say whe-
ther the payment by Cross to Capon's executors had
been made with the plaintiffs assent, or in defiance of
her prohibition. 1t was difficult to discover whence
(except from the husband's estate) the purchase-money
of the stud. in question could have conic; but his lord-
ship did not think that, after taking the property in trust
front Mrs. Capon, the defendant could, without her C 01).
sent, deliver it to any other person. The jury found a
verdict for the plaintiff.—llatnages2ool.

COURT OF COMMON PLEAS, JUNE 13.
BEER V. WARD, CLERK.
This important case having been specially fixed for to-
day and to-morrow by the Chief Justice, at the joint
request of both parties, the court was thronged at an early
hour this morning, and the galleries filled with ladies.
It is, We understand, an issue directed by the Court 01
Chancery, to try the legitimacy of the birth of Mrs.
Beer, in the year 1741 ; and the question involves a very
considerable property. The Solicitor-(several attended
to lead on the part of the plaintiff; and Mr. Searlett for
the defendant. After the jury was sworn upwards of an
hour and a half was consumed in private discussion be-
tween the counsel and agentsat both sides; the result of
which was an application by Mr. Scarlett to Ibis lordship
to postpone the trial to sonic future day, he Mr. Scariest,
not finding himself in that state to make a defence in
which he expected he should : anti if, by the day to be
appointed, he did not Mid himself in a better situation,
his lordship, would not be troubled with the case at all.
This proposal, after some hesitation, haring been as-
seined to by the plaintiff's counsel, his lordship fixed
the first Monday after next term for the vial. The court
:Awn adjouttiLd until Trinity term.

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