The National Register.
London, England, 1821-12-09 00:00:00

THE NATIONAL REGISTER

exceed 401. and defendant had now paid 601. into Court,
the additional 101. being to defray the charge of plaintiff's
going down to view the estate.
The Chief Justice left it to the Jury to say, whether the
defendant had not, by his repeated piornise to pay, ad.
misted the plaintiff's demand or t4JI. Ils. If nut, they
would say what was a lair femur raiiou to the plaintiff
fur his trouble.

The Jiffy Sound a verdict for the plaintiff for 701. 3x.
costs 40..
SHERWOOD V. CLARE.
The plalntifi, a person in trade, besought his action
against the defendant, to recover damages fur a loss sus-
tained by a false character given a person named Williams
by the defendant.
It appeared that the defendant described the said Wil-
liams to be ass honest man. and trust worthy, in conse-
quence of which the plaintiff was induced to give him
credit fur goods. The plaintiff lust his debt, and he now
undertook to prove that the defendant knew, at the time
he gave the character, that Williams had been a bankrupt.
The concealment of that fact hail Gccasioned the plaintiff's
loss, and it became a question for tier consideration of the
Jury, whether the defendant had concealed the tact from
fraudulent motives.
The Jur), under all the circumstances, found a verdict
for the plaintiff—Damages. I WI.

COURT OF COMMON PLEAS,
MONDAY, DEC. S.
. ObDoHNZ.

This was an action to recover bark 3a guineas paid by
This was an action to recover back 35 guineas paid by
the plaintiff, au attorney, residing in Essex-street. in the
Strand, to the defendant, a livery stable keeper, for a
horse, warranted sound, which afterwards proved no.
sound. 'fuse plaintiff purchased the horse at the defen-
dant's stables on the tut of September last. A gentleman,
named Best, ss lio-ss as wills the plssutifi, observed at the
time that the horse was a screw (lame) in the near fore
leg. The defendant said it was of no consequence, the
hot se was sound, and if the plaintiff did not like him, lie
might return him any time within six Itlolllll4, and be
would give him 44 guineas for him. Upon (Isis represent-
ation the plaintiff became the purchaser, and took the
horse first a journey into Essex, and afterwards into
Sussex, when the animal turned oust to be lame. 'the
plaintiff returned the horse on the tl tot of October, having
previously ascertained front Mr. Send, the veterinary
surgeon, Hutt he was lame at the time of sale.
The defence was, that the plaintiff had not returned the
horse in six days, according to certain conditions of sale
put up in Isis yard.
The ClaiefJustice left the question to the Jury on this
point, namely, whether the transaction had been an abso-
lute sale, or a contract binding the plaintiff to return the
horse within the time named.
_

The Joey, nutter all the circumstances, found a verdict
for the plaintiff. Damages 401. costs 40s.
TUIDiDAT. DEC, 4.
CHM. CO:11.—PIDININ•7014 VLLOWD...

Mr. F. Pollock opened the pleadings. He said this action
wast,rought by the plaintiff, Homage o,rlevie Pennington,
against Joseph Palmi r Lowe, to recover damages for crimi-
nal conversation with the plaintiff's wife.
Serge..st Pell stated the ewe. The Jury bad beard from
his Learned Friend that the 'action was brought by the
plaintiff against Mr. Lowe, the defendant; to recover damages
tar criminal conversation with his wife. The situation of
the plaintialuf Inte years had been very distressing, and the
injury he complained of had been aggravated by the advan-
tage oaken of ais mini:innate state. In 1808, the plaintiff,
being a widower, without children, married the lady whose
misconduct gave rife to the action. She was the daughter of
a ;violent:lu named Alwin. Mr. Pennington was $4, and
his wile tl. They lived cornier several years in domestic
happiness. It happened unfortunately that Mr. Pennington
entered into the c legion without the consent of his wife's
father, anal the jury would find the family dislike continued
to the year 1811.--They had four or five children, and one
of them nits on ned Ellen Lowe Pennington. Toe plaintiff
urger his marriarte, carried on the business of a coal-merchant,
with great credit to himself; but he became unfortunate;
his business failed, and he became involved in difficulties.—
at that time he was living in perfect harmony with his wife,
and applicatinn was made to her father, Mr. Alain, for
assistance. He was willing to assist him, but only on one
condition, nnmely, that Mr. Pennington and his w ife should •
no longer live together. At that time Mr. Lowe had nut
only become intimate with Mr. Pennington, bat professed
1U be his friend. Ile had been au assistant at a school,
where he became acquainted with Mr. Alain, the brother
of Nirs. Pennington, by whom he was introduced to the I
plaintiff. His inamwra being those of a gentleman, he from
a common acquaintance became a friend and 'Moe of Mr.
Pennington. In ISIT the plaintiff and his wife lived sepa-
panne from each other. Immediately on their parting,
Mrs. Pennington lived in a house belonging to her father, in
Battersea-fields. After residing there some time her father
died, and in 1818, she reclaimed to Butissoe-place, in the
Wandsworth road. She again removed to Woodford, where
she lived with her mot her. Much about this time it was ob-
served that Mr. Lowe had designs on Mrv. Pennington, hos-
tile to her peace, and in con-equence of what had passed
at the house of Mrs. Alwin, that lady was so dissatisfied,
that she would not permit her to reside in the house. She
went to reside at Thayden Bois, near Epping, in 1819.
Mrs. Pennington there declared her intention to go to
Southend, for the benefit of her health. She left Thasclen
1.1114 accordingly, and on her return on the Sd Nov. 1519,
site had tin infant child. In consequence of some infor-
mation übtained from the maid servant who had been
employed ht Thayden Buis by Mrs. Pennington and
Mr. Lowe, the plaintiff was led to the clearest proof of
the adultery. It would appear that atter leaving Thayden
Bois, where she lived with Mrs. Pennington, instead of
proceeding to Southend, she is ithdrew to a small home at
Wanstead, at no great distance from the residence she
hail quitted, and there was delivered of the child she had
carried home, on the Sd of November. It would be in
proof that Mr. Lowe, the defendant, took the house at
Wanstead. He passed for an officer on half-pay, and the
husband of Mrs. Pennington, and in that very house, un-
der his protection, Mrs. Pennington was delivered. It
world be proved that at this house the pat ties slept to-
g Iber as 1111111 and wife, so that there could be no doubt
Mr. Lowe had effected his purpose. The circumstances
winch led to a more minute discovery of the adultery
were of a curious description. it .hewed that a here
via existed, it would be brought to light. The medical
gentleman, who attended Mrs. Pennington thought he had
seen that lady some where, but could not tellwhere.—
Nut long aliti her delivcry, as lie was walking through