The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-19 00:00:00

ItOVII. Mt IVI.LEG E.

Mr. ScMtr.ttr iiiii veil tar .;---rtiT; taw!
why a geasolesseati, of the name of P.tget,
out be discharged riot of the ,•u-tudy of the Sh
he haviug beets arrested fur 41rlot. lie furosiled
'outwit on oloselo started, that Mr. Pwgrt
was a Graqemais of his Majesty'. Privy Chitinbey,
aud therefore proveliged fours story!. Throe at..
davits. if the Court thought it urt: iii rrr y, he would
read Au their Lunn:hip".
Th.it Coowr did out deem it ittee.mure to hear
the arfidivitti„ it. the first tantalite, and grouted the
rule.

COURT OF COMAIoN PLEAS, I'Vrrrmiscrrap,

WstlitLlPDAir, NuVrms.v.

sroinEßoiLL r. wAvre:q.
This was au argument oila demurrer to s &cla-
mmy. The Driendslat had etioged wuh Me

Nandilf, is Capti.n of a trading sositel, to aril err
Havre de Plotter, purchase and slop sit pipes of
brandy at Ins own COSI, and ns'y all other expeostes
on the transaction ; to be refunted afters:at& —to
carry their to the island of Tercera, or St. Nliclosel,
dispose of them titere at market price. mod then to
receive a homeward cargo of fruit. The Pl:Ciotti
went to Tricera without bringing any lefintly, goigt
.toted IVY 11114AM...160 in take the caigi. of Coil; but
the Defendant's agents refused to liSsoisli I stills
it, lb lie had not complied with what they coot:roved
the first pin of the contract. In entieroporticr, he
returned with his ship empty, and lormight an
action up the cliarter-pyrty against the Delgteolsot,
for the freight hon'svarof. The Defendant had
commenced anothrr action soloist him, fur breach
olcovenatit, in lint purchasing the loraroly.
Mr. Serjeent Loth, fa the Defendaut, armed
the demurrer. Ile contended, that the declare=
lion was insufficient to mosintaiis the Ut!tioni, soils-
-11 as it eaerely set forth in gelierill, that the
Plaintiff hail dune all drat way toossdole towards pei-
forming hilt part Of the coutracc—wherras it solitnild
state in express fern's. his purchasiog and carrs nog
out the sit pipes of brandy—that bring a con-
dition prtkedent, and therefore requiring to be
particuLirly set forth as executed. In support of
his opinion lie referred to 7`th tale, I la.
Mr. Serjesist Vsti(fit•k, on the side, said.
Slut what swab required by his Lrimiril Brother,
was unnecessary, es the purcloose of the Mandy was
not a condition tireeedeut, bat nu `indepeudviit
covenant. The other party might itiaintrin VII SC.
flout of covenant nu the failure of it, and there wait
in point of fact Such an arctic* new pending---
Mr. Justice YAK& Soy nothing of that, Bro.
ther, we kutiw tiothang of it here."
Weil, he should it least Vey, that such an action
might be supported. The construction' of the
agreeritent soma depend on the reaseilableuess of
the thing. 'Flue burden of ve,:srl was 93 tom ;
it hid been stipulated to takeMit only six pipes of
brandy: it was impowible tlast these could have.
furnished funds for the whole of, the litionewara
cargo, sod therefoce the tieglectiog to 410 50 was not
• reisixt why the Captain sh lit Tose the whole
freight. in the cosie of Aorta emit /lye. toed Willi.
field had laid it down, that where the first cove-omit
did toot go to the whole of the considerations on which
the "contract was made, it *as nut IV be cousidered
/I CalldllihlS llt !Ted-tilt. 110 that the performance
of it Was isidistwoisable to 'iusifotain isio action
for the breach of the latter 'part. The hitter
action ;Might be sustained, and an actions of
covenant be brought by the other party fur the
failure of the first.

The CHIEr Jurrice sai.l, le appeared from a
note in Bluckrtume's tieports,' 'ha Lori Loughbo.
rough had adopted all the reaouiug of Lord Mans..
field.

Mr. Serjeatit Lie% replied, that hie Learned
Frieud had cited principles against which he did
not at all mean to argue. In the cues lie had re-
ferred to, the vortges had been Wholly independent
Of each other. But the transactions binned but
one plan, the parties did not ainkratand the sailing
out and tetueuing as two voyages, but were per.
Italy aware that the attcond voyage was connected
with the first. and arose out of ii, and the ()dry
should have alleged his -substantively perforating
bis part of the contract.
The CHIRP jiurrlce said that the 'only question
in the case was, whether the taking the brandy un
board wits a condition precedent, or a distinct
If it was a condition precedeid, the peifurti,
ante of it ought to ha* been alleged in the
ration—if it was • distinct boventint„ au Echo's of
covenant remains ft* the breach of it. It hrenti
the agents refused to deliver the frait ; his
brother Lens's irgu*!ent would have the effect and
route whether he took out live or none; he was tnoy
able to make ally diatiuction. It appeared to hint
that the taking the brandy did not go to the whine
of the other 'cotenant, but only, a part, and that it
was a *condition precedent, bet an indepesidritt
retirement. That sees his opinion, founded on the
general reason or the thing, as wall as the cams
cited.

Mr. Jottice PAat said fie entirely agreed with
his Learned Brother. The decision of the caves
seemed to go on the reason or the contracts them-
sehes. fu the case of Atkisson aped ittscleie. li'd
Captain had engaged to deliver a complete lading.
hut from the circumstances war compelled to Irate
the harbour before he could do so. It was decided
that that was not a breach of a couditiuu precedetit.
Judgment for the Plaintiff'.

lIVOVGALL V. ISTOIf.
Thio wss s demurrer to • replication. argued by
Mr. Serjeant Pell. The Phintiff had facers portly foe
the Dr!rodent for the .rut of 411. bombe. The 1).--
ferolaist test made • bankrupt, and had shta.rard 1.4
certificate. "lhe Nulling hod tress üb;igej to p..y
• debt its reopect of his auretyahtp, pat dare at 11. e
time of issuing the coinassbanst, sod se:vd the L).•
tvisd*ut for the 1111110111111 of it;