The British Press; or, Morning Literary Advertiser.
London, England, 1820-01-28 00:00:00

GOSIMIERO V. PEIL.

The Plaintiff had remitted wines from Portugal
to' his agent Bermisda, in London. The Defeo:-
!ant had bartered ruin for them, and paid the dif.
fernier in rash. The agent failed, and the Plaits.
tiff came upon the Defendant for payment, of, the
ground that the agent bad not been commissioned
barter but to sell. The Jedge had given an
(gill/ion in his charge, that a bargain transacted
«MI au agent, with the knowledge of his being
ot-ls an agent, which was contrary to the usages of
t!te trade, left the perchaser responsible to the
poinripil. in case he should he diaratislirsl. The
question for the Jury therefore was, whether the
Defendant was aware that he was dealing with an
agent or nut. The Jury gave • verdict fur the De-
letidant.
Mr. PARK now Rioted forfora new trial.
The Judges were of opinion that it was a new
cAse. and ought to be argeed.—The rule was
t Iterefoi e granted.
lIACIIIONE V. 11011111AY.

The Defendant had obtained a verdict on an
action for publishing* libel against the' Plaintiff,
it• the 37th Number of the Quarterly Rerien.
Mt. BELL now moved for a rale to set aside the
*mho. The Defendant had pleaded the general
s.•ue of not guilty. Now the Solicitor-General
had, in the defence, made a great massy statements
to the disadvantage of the Plaintiff. whirls had
Lerss submitted by the charge of the ChiefJostice
to the Jury as facia of evidesice. Thin the Plaintiff
Lad been taken by surprise, and was•not able, of
cOurse,to disprove that which he hail no right to
expect would have been stated. The Learned
Counsel submitted that this was in the nature of a
justificat►on which the Defendant was not entitled
to by his plea. The special matter should be spe-
cially pleaded, that it might be regularly replied
• so. There were very few s•ases which bore upon hie
• motion. There was an enumeration of cases, how-
e‘vr, by Holt, wherein a geirmal issue might be
drlrs ded by partial justiticatioo, but the present
ors not one of them.
The di/emotion was handed up to their Lord-
ships, however, and it appeared that the Plaintiff
hid admitted in that the facts stated in the mitt-
' es.III of The Quarterly Review. 'The libel war
contained in a review of Sir Robert Wilson's book,
as► allusion in which, to a book published by the
Plaintiff, brought him within the reach of the
Reviewer's remark'.
The COURT held. that the Plaintiff's own book
iwoog referred-to in the declaration, became wail
is•rrs and the acts which he related hirusel lorry
psul.e► subjects of defence; and through the De-
1-orient was not entitled to justify the truth of the
by trederring to them, be had. a right to use
HsrtL r. an tufted for commenting on them.
&wilt rteo*r J.

COITET OF COMMON PLEAS,
TIMNISDAY, JANUARY 27.

The Court was this day principally occupied with
g cautions rut ern nisi..
pusienaiss, Assienee of. Bankrupt, v. svmsort.
NI,: Stojeasit V•Untl•PI, on behalf or the De-
(0.0(116,4 moved for a conditional rule to art aside
the verdict in tins cause. The bankrupt basing,
previous to his bankruptcy, been indebted to the

,
befetulont itil ntM of -17/. he handed wrier to the
,Defendant the acceptance of a perm.. of the name
ref Burklilpi HOE Before the acceptance fell
'doe, Buckley htieuthe also a bankrupt, awl his
estite did cot pay snore than one 'hulling in the
pound; the Jury., !weever, found a veril.et at if
the acceptance (•liich Nitwit out to be little better
than bat.te pipet) hail been regularly pill. The
Learned Strjeant contenth.d, that tit- Dereitil,mt
hall n right to keep the bell. 'having a lien On it fur
47/. tlw arnoisnt pf drroatitl.
The Couice--•4 Did you offer to iwt, up your
lien, and offer to give tip the bill, on poynient
of all.

firtirosit VA11011411141 My Lord, we amid we I
woold not gibe up the bill, without piyment of
the 471.

Rik to shed► rouse pooled.
cooNtit r. 1111.1DIPORD.

Mr. SeljPllol I,eno 111101,rd tor a conditional rate
to enter ispjudgrnrist, as in caw of eioneuit.
The Plaintiff contracteil otitis the Defendant for
the sale of rhht packs of wont. A apeciel contract
was entered into. stating the price of tlw article.
and the terms of payment ; yet the Marta •Ireit.
dotted his special contract. and brooglit liniaction
in anotapsit. as for goods bar4einett for sod sold.
lie therefore recovered on a different cause.

The COVET granted a rule to skew cause.
EVANS I. CUALLONBIL

Mr. Serjeant Lens. irrthis ease. awed for • con-
ditional rule to set aside the verdict, the same hiv-
ing been obtained contrary to evidence. The
Learned Counsel stated, that the verdict was hail
fur • sum of IRV. the anitmaist of • cheek paid
over oil account of the Defemlant, by s person
named Freem•so. Freeman war its the character of a
factor, buying and selling fur various permits. He
owed the Defendant • sum of money, pert of
which he was hound to pay at • particular Jay.
Having a cheek so his hand, certainly the property
of the Plaintiff; he applied it to a purpose different
from that for whit b he obtained it, Josef paid it over
On the Defendas,l's .ecount so hiss banker; admitting
that, its &nog . Fret mats miscooducted himself,
yet the Learned Serjeant contended, that the De-
fent:od ought nos lobe affected by his act. A debt
was legally and body dm- by Freeman to him ; he
was not aware that the payment made for his account
was the moury of the Plaintiff, and the check wail
10 he treated ..• so mach money in bank 110104
paid by one man to soother in discharge of a legal
mild undisputed demand.
Chief Jussice DALLAS—The Defendants, Chef-
Inner and Freeman, were connected in these
transactions to• a very great esteut, fur sue of the
witnesses stated on the trial, that lie heard the
Defendant declare that Freeman owed him 000/.
At the trial Challeisor disputed a distinct claim for
531. for goods sold and delivered ; best his liability
was so clearly merle out, that lie does not now dis-
pute it : his defence, therefore, was unrighteous.
Whilst those money tratistettoos existed between
Chelloner sod Freeman'. hills to the s.. of
3001.. the property of st third ner.oll, got into Free-
ntsu's possesssou, which he Lauded over to Cial-
loner. The check of a Mr. Davis. who was exa-
mined on the trial, shared the same fate. ('host.
loner being questioned as to this check, first lossi-
tided, but afterwards acknowledged that he got it
from Freeman. lie also said that Freeman origi•
Holly owed hint a swim of ElOO% whirl. he reduced to
901. The facts were left to the Jury. who found
against the Defeudant. It was his opinion at the
trial that a fraudulent confederacy had existed be-
taren Freeman and the Defendant, and he saw iso
reason to alter that opinion.—Motion refused,
SMITH, Assignee of JULE UM V. BARKER.
Mr. Seijedill VAUGHAN moved to set ai•eile the
verdict obtained in this TAW, 011 the ground that
the Defendant was taken by surplus. The De-
fendant is a pawnbroker, with whom the bankrupt,
a trading jewaller. previous to Isis bankruptcy.
pledged • quantity of watches, &v. The verdict
was for 429/. a sum tar exceeding the aisiirout of
the articles pledged.
The COI:AT said, that the Defeudant could not
well urge that hr hurl been taken be surmise.
. .

Mr. Serjeanl VAUGHAN-6s My Lord, we had,
it is true, the articles in our pmbession, but they
were not pltilged in the name of the Imiskrupt ;
and the bill of patticulais furnished was of a loow
and general nature."
COURT—" By the evidence of John Cooke, •
witness examined on the him!, it appeared that he
tendered to the Defendant the duplicates of show
articles, which the Defendant refused to produce;
had he done o, the trait valise would hare been
ascertained : he is not stow to avail himself of his
own neglect."—Motion refused.,

The following is an extract of it letter, dated
Bel trodoes, November 19. 1819 :
" His Majesty's sbip Salisbury arrived here nn the 14th
instant, baying on board the burly of the late Rear-Admiral
Donald Campbell, who died at sea on the 11th instant.—
The 'mains of the late Admiral were brought 1019 shore, and
deposited at King's hors., on the teeming of the latb, and
yesteeday evening the funeral procession took Warr; after
which the body was again takes. mu hoard the Salisbury, and
Skis ship is Su sail to morrow morning fur LI Glows, where
the Fly is stationed, and to remove the body or, board the
sloop for Esti/laud.
" It is expected that Lieut.-General Lord Combersmere,
Commander of the Forces in the I'Vt•st Indies, will shortly
rtliatinisle his cosmonaut!, and return so &island."
The following correspondence hay been received
at Lloyd's, from Cook:—

(Copy.)

4! Cork. Janes. y 20, 1820.

SIR—As the prevailing winds fur the last four ni five
weeks renal have tendril to keep out all Vt./.Lek coming from
the westward, hound up the Eli:lids seal Irish Channels, we.
as the agents to Lloyd's, lake the liberty of soggesting to
you the expediency of sending out any small raft at pre.
sent in halliuser, with sapplies of water and provisions, for
the relief of say I. Hoot may be met awarding ita need
of such supplies.
" We hav► the honour to br, &e.
(Signed) " DANIEL CALLAGHAN and SONS.
di Vice-Admiral Sir Jonas Rowley, Illai t.

dec. Cove."
(Copy.) " Spencer, in Cork Harbour. 'snowy 21, igen.
a Gernuto—lo return to your leiter or yisicida,`X
dale, I beg leave to ariptaisit you, that it was my intent likl.
to adopt such tuessoorrs as sire within my puarr to ro love
the distrem likely to he experienced by the hoinewsr.l hound
trade, from bring krpt at sea by the prevalo pier of rash sly
winds; and that I have to She mean time olds ri.il In. Ma-
jest'', ships Dotterel! soot Tribune to prosereel soot cruise fur
the purpose of allurdiag ussostanre to sorts of the shove
trade as they may fall in with in tared of prorissoos and
water.—l have the humour In Ire, kr.
kSigoed) " JOS. ROWLEY, Rear• Admiral.
II MOWS. D. Callaghau tad Sous, Core'

INSOLVENT DFJITORS' CIRIRT, JAN. 27.

In 1114 case of Jevse Carter. Mr. Brookes, the
atiortley's clerk. who opposed him. yesterday, did
out uppear m Court this too g wads his *vino-ism
The Commissioner, therefore, ordered the !amok
vent to amend his schedule, and come up again
next Thursday. The Commi.sioner remarked at
the cline time, that lie should not except the debt
of Mr. Ilrbokes, after the exhibition he made yes-
terday, when. in the course of his oppee.ition to the
Ismkrill, it appeared he was in the habit of em-
ploying at a premium of 10 per cent. to give
bail for hint ; and when it also came out, that
20 per Cent. isms his rate of discount for advancing
cash upon bill..
The di.cliarge of George Ogilvie was opposed by
Mr. A DU1.1.11118 on several
It appeared from the Insolvent's examination.
that he hail beets in prison since July. 1818, fur a
di bt of 31. 18.. to Ins newsrosii, which willt costs
amounted to 201. The redeem he assigned for re-
maining so long in prison was, that lie never con-
templated until lately taking the benefit of the
Act. He admitted that since his imprisonment he
hied received different sums, amonisting in all to
100% from • Mr. Nolan, in the county of Roe.
common, in Ireland, fur granting a renewal of
lelisi s.f property, to which he IV'S entitled, bat
• wheele.wite in. litigation in the Court of Chancery.
Thee re!torellel. wicker sent ally part of the remit.
lance to his detaining creditor, the newsman, was,
because lie' -had idreadyinetle hits an offer of a
draft fur so officer's italf•pay. which, he refused to
accept.

The Commissioner refused tl►e Ineolvent's sp.
Plication for his discharge, and expressed his belief
that he might have paid, and still could pay the
opposing creditor's debt.
Hannah Haworth. a blind woman, 76 years of
age. was opposed by Mr. ADOLPHUS. on the
ground that a debt of winch she set forth in
her schedule, as due by her to her daughter, was a
collusive contrivance.

It am eared from the old woman's examination,
that she owed the som already Int-winced to her
daughter, far diet and lodging. Ilut she also ad-
utiard that she made a present of all her furniture
to her daughter 15 years ago, and that it was still
in the house. Sire further adulated that she had
had for several years ass allowance of 40/. a year,
and that latterly it was increased to 50/. which she
ward she spent in the house. It also appeared that
her daughter had lately snide • composition with
her creditors, and when she did so, had 'lever
stated this debt of her mother's, or represented her
bring in possession of this furniture.

Under these circumstances, the Commissioner
remarked he could not give the old 114.1111:111 any re-
lief', unless she came to a settlement with her op-
posing creditor, 'a Whet, to whom o moll sow
wa. due. "

John Heath, • fashionably dressed young men,
against whom no creditor appeared, underwent an
examination 'by the Consinissiouer, as to the
manner iii winch he had contracted debts with live
dill'elent lwlors. l'he Insolvent stated, that lie
tins ui, to lust Jane • clerk in the banking-house
of \\ illis and Co. ut • salary of 1301. a year
and his dirt sod lodgiog, and upon hie giving
tin satisfactovy reason why he iucur►ed such debts
with so many tailors. the Commissioner refused
him the benefit of the Insolvent Debtor►' Act.
James Mackintosh, who had been remanded on
a former day for equivocation, was again examined.
Ile now produced the leaves which had been torn
from an act (mut-book. On the forme► day he said
lie never kept his accounts while he was a pub-
bean, in ally book, hilt ui a slate. But 011
examining the very book he put in, such accounts
were found entered in it. He also stated, that the
public-hosse he had at Limehouse was taken by
his wife in September, 1817, and the license had
in her own name prior to her marriage, which ;ie
won't' prove by the certificate. On producing this,
however, it was slated ill the March of 1817,
and consequently some months before the house
was taken. The Commissioner dismissed the Insol-
vent's petiticii.