The National Register.
London, England, 1820-12-24 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH,
MONDAT, DEC. 18.
HODDER V NAYLEK,
This was an action for work and labour. The plain-
tiff is a bricklayer, and the plaintiff's demand was for
the balance of an account delivered by the plaintiff, for
earwig £O,OOO bricks, from the brick-yard at Ful h Jill, to
defendant's residence at Brixton. From the evulenee is
appeared that, the original order for canto_ the bricks in
question was given to a person named Champnies, who
was falling into dilliculiies, made over his bosiness to the
present plaintiff, whose cart and inures were afterwards
employed in carrying the dc!'enitint's bricks. though
they were still delivered in Champ, ics' itmoue. StllliS
had been paid from time to time to Chailipliit'S, all of
which, except eleven guineas, the plaintiff was ready to
give the defendant credit fur , this stun it was alle-
ged, had been paid the defendant by Champuies, sub-
sequent to his having notice from the plaintiff that Le
Was doing the work.
Witnesses on botlisider were examined to this fact,
and the Jury found a verdict tot the plaimill—llainages,
lII.IIs.
ragsrsurc. v. INC, AND ANOTHER.
This was an action kom.i a note accepted by the di:-
fendants jointly, for 301. and made payable three mouths
after the date with lawful interest.
The case was only important from the nature of the
defence.
The note was accepted upon a half-crown stamp,
which the last gen-ral Stamp Act makes sufficient for a
sum not exceeding 301.
Mr. Ginty objected to the stamp, on the ground that
it was not good and sufficient fur tne note and interest.
The note upon the face of it purported to be a contract
by which the d..lentlaitt agreed to pay more titan 301.-
Ihe plaintiff could not demand the sum tllllll three
mouths after the note was accepted, Wien the principal
and interest would amount to 301- 7s. (hi. '1 oat being
the fact a two shilling sixpence stamp was not sulliaient.
Mr. Comps for the plaintiff contended, in answer to
the objection, that the stamp was pond and sufficient,
inasmuch as the sum was no more than 301. when the
note was accepted. lie was surprised he said, to find
his learned friend make this objection, because Mr.
Chitty, in bis own book of Nisi Prins cases, had re-
ported a case in which a similar objection was taken by
the Aiorney.Generil and decided against him. The
Court in that case held that interest could not be con-
sidered any part of the sum for which a Bill of Exchange
is given, but money goosing or accruing alicr the bill is
accepted.
Mr. Chitty Ili reply said, the most able Jud!.;cs at Nis-
Prius had frequently had u,7canon to revise their decie
sions, and feeling the ohjuction 11..• hail made to hate
considerable he prayed the Jtidg.r would resent
the I Mut, in order that he 'night louse upon it fie::
Term to enter a noa-sitit
Mr. Justice liolroyd observed, that interest on a bill
of exchatie,e was a mere appendage. lie had no doubt
upon the point himself; but he was williog to let itie
Learned Counsel do the best he could with it. lie
should reserve it.
'lke hand-writing of the acceptors of the lithe was
then proved, and the Jury found a verdict for the plain
titi.—Damages3 I/. w kith included the juiciest.
TUeSDAY, DLL:. Ii).
Sittings before Judge Dallas, at Guildhall.
IMPORTANT INSURANCE CAUSE.

SEVIRN AND CO. V. 1114 E DIRECTORS DE THE PHOENIX

►'iii CONIPANY.
This cause which has been six days before a Special
Jury, was decided this day. It Lof great importance,
inas 1111 l eh as the deientlatits are liable to pay a sum of
15,01101• to the plaintiffs, and upon the question there is
not less than 70,0001. depending. The filets to a con-
siderable extent were made public in the report of a
former trial, this being a new trial.
The plaintiffs, who carried 00 the business of sugar
refiners, at their suer-house, standing in Uniim-street,
Whitechapel, brought their action upon a Policy of
Insurance to recover the loss sustained 11 the destruction
of their premises which were burnt down. The amount
of claim on the Pticedix was 15,0001-
The defeittlants resisted payment, not imputing the
slightest land, but oil the ground that the plaiinitis had
used a new apparatus mote dangerous than the old pro-
cess. Tins apporams had increased the risk, and had
never lain ciiiimitinicated to the Ginipmy,
aecurdiuu
to the te•rnrs ;01,1 cnnhtfun• of the pdicy.
An irnnu•nse mass of evidence was offered on both
sides.—On the p rt of the plaititifi) the witnesses patni.ii
that tie lire dr.i i.,,L break out where the new process
was us:,,l; ,econtiiy, a 1101/1l)er 01 belt wh•:
had ascertained by experiments the inti.tortittable
strength of the sugar and oil used by the plaintilfa,
de-
poseu that the new process was less mingerous than the
old. It wtra also lamed that the Surveyor for the de-
fendants lie.d examined the new apparatus, and on that
account the planitilfs did not consider it necessary to
make any further comnutlleauou to the
On the part of the dele-mliiiits a iltllliber of persons de-
that they saw the lire Itr:aliting out under the sugar
pan where the new !tweets was carried on. Several
sugar-ri linos also stated that they considered the new
pruc.•ss more dangerous that the old.
'1 he argnnt:•iiis of (;onwit I were concluded
day, and this day Chief Justice Dallas 'slaw) at tett in
the morning to sum up the es idenee. his clear and
able repetition of the testimony of all the. Willit:36ea was
concluded at tour o'clock. . _

The Learned Judge then said—This is the whole of the
evidence, and I have come to the end of tt with sauslaethol
to in bell, because it was impusAile, without going thrum; h
the a hole minutely, to meal the facts to the recollection of
the Jury. I will theiefore, ou he couclosioli of this long
proceeding, mak' a few ohaervations. There are some pre-
liriiilary topics which I ail! now ad% ert to. as to the
conduct of the plaintiffs in this act. oil. They had, oohs. tu-
dely, 3 tciv LotAtlciahle aL ua,t.aJwg. It t both 4)