The National Register.
London, England, 1821-06-17 00:00:00

LAW REPORT.

COURT OF KING'S BENCH, Just,
DA% Y V. isomexisison.
This was an scum for the repairs of a house. The
tenement in question is situate in Albion-place, lilac
friars, and belongs to the city of London. it was de-
mised by the city some years since to Mr. John Soane;
Mr. Soane let the house upon lease to the plaintiff, Mr.
Davy; Mr. Davy underlet it to Coe defendant, Mr.
Hodgkinsosi and Mr. Hodgkinson, in nis turn, let it
to a certain Mr: Hann. Throughout the lettings there
was a clause fur keeping the premises in tenantable re-
pair; and, upon the determination of the original lease
in the course of last year, a claim for dilapidation rang,
e•ctia like, a signal fur strife to all concerned. The city
demanded 1081. for repairs; Mr. Soane put the onus
upon his lessee, Mr. Davy ; Ms. Davy shifted the claim
to his tenant, Mr. Hutlgkitisim ; Mr. Hodgkinson„ in
his turn, attacked Mr. Mann; and Mr. Mann, having
tin one in Isis rear, stood boldly at bay, and refused pay-
ment. Legal proceedings were, in consequence taken ;
Mr. Soane recovered by arbitration against the present
plaintiff, Mr. Davy ; and Mr. Davy, in due course, for
amount of repairs, and costs of defence to Mr. Soane's
suit, now brought the action against Mr. Hodgkinson.
Time juty found a verdict for the plaintiff.—Damages to
be settled out of court.

CAPON D. CROPS.
This was an action for money had and received. The
plaitstiff is the widow of J. Caput', a cowkeeper ; the
defendant is a cow-keeper in his own person. Mrs. C.
SOull .t ter her husband's death, purchased a certain stock
in the three per cents. reduced; subsequently, she trans-
(erred her property to the navy five per cents., and placed
it (in trout for herself) in the name of the defendant.—
The defendant held the stock for a certain period, and
sold portion of it, from time to time, for the use of the
plaintiff: at length the executors of John Capon set up
a claim to the remaining part; and Mrs. Cross in defi-
ance of notice from Mrs. Capon, delivered it into their
hands.
Mr. Gurney now contended, that as the defendant had
received the property only front the plaintiff, to the plain-
tiff alone he was entitled to give it up.— The amount of
the claim was 2061.
Mr. Marryat, 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.
Witnksses 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 plaintiff's assent, or in defiance of
her prohibition. It was difficult to discover whence
(except from the husband's estate) the purchase-money
of the stock in question could have come; but his lord-
ship did not think that, after taking the property in trust
from Mrs. Capon, the defendant could, without her con-
sent, deliver it to any other person. The jury found a
verdict for the plainuffi—Damages 2061.

COURT OF COMMON PLEAS, Juns 15.
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 of
Chancery, to t►y the legitimacy of the birth of Mrs.
firer, in the year 1741 ; and the question involves a very
considerable property. The Solicitor-General 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 cot" ' and agents at both sides; the result of
which was a,,. oliedtion by Mr. Scarlett to his lordship
to postpone • to some future day, he Mr. Scarlett,
not finding himself in that state to make a defence in
which he expected he should : and if, by the day to be
appointed, he did not find himself in a better situation,
his lordship, would not be troubled with the case at all.
This proposal, after some hesitation, having been as-
sented to by the plaintiff's counsel, his lordship fixed
the first Monday after next term for the trial. The court
-then adjourned until Trinity term.

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