The National Register.
London, England, 1823-01-19 00:00:00

•rHE NA

(OVAL REGISTEIt

MARTISEA AND CO. V. THOMAS AND &tenets) ADROIT&
M. Scarlett stated that this war, an action against the wine-
, mer.liante its Skinner-street, Snowball, to recover the amount
of two bills ofesebange. A letter of the defendants would be
put in, apologizing for putting in a defence te this action, end
requesting further time for payment: they were then in the
'.11.W11 of bankruptcy, and the actluu iu the first instance, was on-
defended. The defendants-had since applied for a new trial,
on the ground that they bed a good defence, for that the wines
were of a bad quality. Messrs. Martinez were considerable
importers of wine. This was a quaetity of wine for which the
bills iu question were drawn. Plaintiff, however, determined
to keep eight pipes in his hands until the first bill should be
paid. When applied to, Messrs. Abbott requested, plaintiff
would renew the first bill. They had sold part of the wine re-
ceived front the plaintiff, and offered to deliver it back.
A clerk of the plaintiffs proved the hand writiug of drawers
and acceptors.
Another witness proved the band-writing of Mr. Thomas
Abbott.
Crime oxamined—Witness knows wellies of the transaction.
The defence being that there was usury in retaining the
wines in question until the bills became due, ai these wines
were sold at 12 months' credit.
The Lord Chief Justice was of opinion the defendants' pleas
had failed as to usury. .Verdict for the p:aintiffs-1,031.11.
PRINCE O. CLARKE.
This was an fiction brought by the plaintiff, who is a slop
seller, to recover 6891. the value of a quantity of cloth, sold
by the defendant in India. It appeared that this cloth was
placed in the hands of Captain Clarke, with directions to sell
it in India, and apply the proceeds ye the purchase of oilier
commodities specified in the instructions. In case he could
not purchase the goods, he was to remit the proceeds in bills
of exchange. The defendant, on his arrival is India. sold the
cloth, hot did not boy any of the articles specified, because be
found the plaintiff would lose 25 per cent. by the exchanga of
the rupee. Neither did lie send bills of exohange ; but, acting as
he thought fur the heat, purchased *tigers, which be shipped
io a vessel homeward-hound, named the Fame. The defend-
ant had no authority to do that, but it did not appear that he
acted with any improper view to benefit himself. His letter,
ito which he noticed the shipment of the sugars, menliuned that
on the purchase of the articles specifi d the exchange was as
low, that lie had laid out the money mere to the advantage of
the plaintiff. He sent this letter, dated January 17, and the
plaintiff received it on the 29th of Mat. The ship, whio
soiled from Calcutta with the sugars in February, was expect-
ed to arrive in July, but unfortunately she a as lost of the Cape.
The question was, whether Mr. Prince, the plaintiff, having
received the letter, stating the shipment of the sugars, and
containing the bill of lading, was bound, as a man of business,
to apply to the defendant's agent, a Mr. Lee, and either accept
or reject the sugar. It was admitted that the defendant could
not impose on the plaintiff an obligation to receive the etagere ;
bet it was also contended, that he was bound to give notice
to Mr. Lee, that he would not receive the cargo, in which case
Mr. Lee would Lave known what to do with respect to the in-
surance.
The Jury found a verdict for the defendant.
FRIDAY, JAN. 17.
TYLER V. JONES, CFSTLESIAN.
The Solicitor General stated, that the plaintiff is a gentlemau
advanced in life, who by this action ►ought to recover a com-
peneation iu deranges for the negligent and unskillful couduct
of the defendant in his profession of attorney, in that of taking
invalid and insufficient security in • Transaction of annuity.
wherein be was employed and retahred on behalf of Mr. Tyler,
the plaintiff.
Mr. Scarlett, for defend at, proposed the matter in dispute
should be referred to some gentlemea out ammo.
This being assented to, the Jury found fur the plaintire-
Damages 1,0001. sohject to a reference.
ENTER, A►SIUNRE v. TODD.
Mr. Merryatt stated, that this was an action of trover by the
assignee of a person mimed Sorden, a bentropt, to recover the
amount of 5001. in a bill of exchange drawn by the bankrupt,
and accepted by a Mr. Stokes, of Hell. He should prove one
act of bankruptcy within the knowledge of Todd, the defendant,
antecedent to the date of this bill. It would likewise appear,
that with knowledge of his insolvency, the defendant had canned
the bankrupt to execute to him a warrant of attorney for the
debt in question.
Mr. Alexander Ludlow knew Mr. Benjamin Sharp Sorden ;
witness was a small creditor, but has released Isis debt to the
wieners. Sorden was a cornfactor and general merchant at
Hull. On the 11th of July, 11321, he came to witness's offices:
saw a person, likeaeountry servant, on a horse, which appeared
to be hard ridden, stop at the office of 31r. Ssndon, an attorney,
which he immediately communicated to Mr. Surdon. W iiness
thought it remarkable to see a horse so hardly ridden, all over
froth. Surdon observed it was Mr. Herding 's horse, and It:a
man-servant, and he surmised that a writ had been conveyed
by the party against him. He asked witness's leave to walk
as far as his house to be out of the way. Tine was a mile and
s quarter from the office. Witness thinks I.e went there with
him. This might be front eleven to one in the smarming. He
remained at the witness's house till past nine at ni;lit ; they
dined together, and came to town in company in the evening;
witness's house is not in the body of the town ; he went to a
house in Trieity-liouselane, kept by a Miss Tickney, whose
sister married the bankrupt's brother; doses not know what he
went there for ; witness saw him at Mr. Todd's shop the nest
morning ; Todd is a grocer, end at that time kept a Melt ; wit-
ness sew Stamp the bailiff, peas the shop ; lie mentioned it to
Surdos, who immediately went to the hack pert of the house,
to a hich witness Itch no access; witness went the next day to
a meeting, held at Stamp the bailiff's bow ; Sorden was still
in custody.

- .
Cross-esamined by Mr. Scarlett.—Witness is a tanner, but
has acted a good deal as an agent : his been a bankrupt since
1821 ; has been in a good many sitnatioas, such as a gentle
man's steward, a broker, or commercial agent.
Hannah Adams I.ved servant with Sonlon, from May, 1818,
to the time of his bankruptcy at Briglingtoa ; his sister kept his
house ; witness was generally iu the kitchen ; it ►ecame neces-
sary to pass through his counting-house to the kitchen ; about
July, 1821, he became embarrassed in his circumstances, and
told witness he could not pay his creditors, sad desired witness
to say, when they called, he was not within, because be said lie
had no money to pay them ; witness's wages are still due, ten
guineas.
Mr. Scarlett—You hail better get the ten guineas before yoo
give further evidence. You would like to base your wages
before you say any more
. .

(The- guineas were bore accordingly paid in sovereigns to the
witness, who counted and put them in her pockM. She pm-
erected with her evidence.]
The persons who called were Christopher !Tartly, Mr. Alli-
son, and Mr. Harding. Remembers bankrupt's being are. bred
on the Ilth or lath 1.1.1u1y ; the daeial lu medit..rs waa beture
t:.is.

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