The National Register.
London, England, 1821-03-04 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH.
MONDAY, FEB. 26.
CHORINES, O. HOPAGOOD AND ANOTHER.
'Otis was an action by Wm. Crowther, the yotmger,
against th.e assignees of Wan. Crowther, senior, to recover
a certain sum as the rents of certain premises assigned to
hint by his father. The assignees refused payment, on
the ground that, previous to the assignment from Crow-
ther, the elder, to the present plaintiff, hehad committed
an act of bankruptcy. The acts of bankruptcy relied on
were, that he had evaded paying the sum of 41. due to
the Abbe de Rufigni ; and secondly, that in Nov. 1815,
he left this country and went to America, to avoid pay-
mem of his creditors. It was proved, that Mr. Crowther
had refined to pay this money to the Abbe de Rufigni,
and that in consequence of such refusal the Abbe issued
process against hilts, and that the officer went to the
house of Mr. Crowther, jun. with whom his father had
been residing, on the 15th November, 1815, and CH.
mined for him. He was answered by Mr. Crowther
himself, who said, Mr. Crowther was gone out, and
had been gone for four hours ' • and that on the same day
he did leave town, went to Norilificet, where he went
to the house of Al r.R. Sandon, and on the following day
went on board a ship and sailed for St. Domingo, not
returning for eighteen months. Several witnesses were
called to prove these facts.
On the part of the plaintiff it was contended, that Mr.
Crowther had never committed any act of bankruptcy;
that his resistance w paying the Abbe de Rufigni arose
of of a dispute between them ; that as to his going
abroad, that was a circnnistance well-known to the
public, as well as its object. That it was publicly known
he had received an order from Christophe, the late
Emperor of Hayti, for a set of carriages, the most splen-
did that could be built, amounting in value to upwards
of eight thousand pounds : that use carriages were pub-
licly shewn at his shop, previously to their being sent,
and that the day of their being put on board a ship was
publicly put in the newspapers. That he went with the
carriages to St. Domingo, intending to deliver them to
the Haytian Monarch, and to return immediately, and
should have done so, but on his arrival at Hayti the
Emperor received the carriages, and such other parts of
the order as he thought proper, but refused the rest,
obliging him to take payment for what he received in
coffee and sugar, at a price fixed on them by the Hay-
tian government. This act of tyranny obliged him to go
with the rest of his venture, and delayed his return to
this country, and not any intention of evading his cre-
ditors, or delaying the recovery of their debts.
The Jury found a verdict for the plaintiff for 41. 4s.
roixtars, v. WIATHENLItY.
This was an action brought by the plaintiff, an attor-
ney, to recover 381. and a fraction, for business done by
desire of the defendant.

The ,evidence proved that a Mrs. Dewsley had been
placed by her husband in Mr. Pell's mad-house, at Ho:-
um. In that situation she was visited by her friend, the
defendant, who consulted with Dr. Rees upon getting
her liberated. The plaintiff 1% .s employed for the pur-
pose, and upon proof of her ,ate state of mind, and ap-
plication to a Judge, she was set at liberty. Two letters
ritten by the plaintiff to Mrs. Dewsley, and a third,
including his account for business done, were put iti and
read, by which it clearly appeared that the plaintiff had
been employed. The only question seemed to he,
whether the defendant, Mr. eatherley, had given the
utter to proceed.
Dr. Rees stated, that he had had an interview with
Mr. Weatherley, for the purpose of procuring the liberty
of Mrs. Dewslev, and that the defendant mentioned
Mr. Phillips as the legal gentleman to be employed on
the occaion. He also said he would pay for the opinion
of counsel.

•
The Learned Judge was of opinion the plaintiff's case
was proved, and
The Jury found a verdict for the plaintiff's dempd,
subject to a reduction of three guineas.
The Jury were discharged, and the Sittings after
Hilary Term at Westminster finished.
WEDNESDAY, HAREM 28.
ANDREWS, V. GEDGE AND OTHERS.

The plaintiff, who is the proprietor of a ding ware-
house in Sun-street, Bishopsgate-street, brought his
action upon a policy of insurance subscribed by the 1)i-
-rectors of the National Union insurance oflice, to rev).
ver a partial loss sustained by a fire which happened
upon Ins premises. The Insurance was not upon fur-
niture, but stock in trade. The Policy was effected on
the 2d of September, 1819.
The defendants had three pleas, but abandoned all
except the third, which set forth that the plaintiff had
hay and straw in a cellar below the premises, not dt•
scribed or co ttttt mnicated to the I usurance Office, in con-
sequence of which the risk was increased, and the de-
fendants were released front liability.
It appeared from the crick vce, that whilst Mr. An-
drews was nut of town, his female servant, Susannah
Aston and Byrne, his man, were alarmed by smoke
issuing from the joints of the floor, which at last broke
out in flastres. It was sonosed the hay and ~craw in the
cellar took fire by a spark accidentally falling amongst it.
Byrne swore positively, that when Mr. ili4nold (the
recently dismissed Secretary to the Norwich Union) who
was the founder of the National Union Fire Office, and
also a Director of the said Company, went to inspvci
the premises previous to the poticy being effected, he
went into the cellar. A light was carried by Byrne, and
Mr. Bignold had an opportunity of seeing the cellar, and
what it contained.

Another wi.ness also deposed, that he saw Mr. B.
mild, on that occasion, standing on the cellar stairs.
Mr Serjeant Vatighati, who stated the case for the
laintitt, said, it tills office, limited under the happy
euvices of AI r. Bignold, in 1819, was desirous of ex-
tending this branch of insurance, he would advise then.
not to urge ii:e defence they had set up in tilts ease.—
There Was uu pretence fur re•zisiing the pa; uncut of the