The National Register.
London, England, 1822-06-02 00:00:00

FRIDAY, MAT 31.

CHAPMAN AND ANOTHER V, STURM'S*.
This was an action by the treasurers of a Benefit Society,
called the Society of Ancient Britons, to recover the suns of
111/. which they alleged the defendant had withheld from a sum
which he was bound to ply over to the ()Ricers.
Mr. Chitty having opened the plcadingt, Mr. Gurney stated
the case on behalf of the plaimilis. He did ant wish to :as-
pute intentional fraud to the defendant, whom be understood to
be a respectable man. but would rather believe he hail made
some mistake as to the sum which he produced, and that he
afterwards was ashamed to acknowledge Isis error.
Mr. Smith, the secretary of the society, stated, that nn the
7111 of September, 1820, the defendant had to pay the suns of
110/. I Is. 10.1. to the treasurers. He came accordingly to the
1.031 k-house where the meeting was held, in South Audley-
street, laid down a number of notes on the. table, and demand-
ed 2d in change, which Mr. Constance, an acting member of
the committee gave him. In twenty minutes or half as hour
eller, a suns was paid to the landlord, and it was now disco
vered that the money on the table was 101. less than that which
the defendant ought to have paid. On being addressed on the
subject, he said that he had laid down two oases of 201. each,
two of 15/. and six notes of 101. lie was reminded that llsi•
would leave ten pounds abort, when he said be had made a mis-
take, as he had brought seven notes of 101. each, and not six
only. Ile said one of the notes was marked wills the name
" Brewer," which name was to be fouull on one of those paid ;
others of them be had taken at Esdailes mid Co. inquiry was
made at Esdailes, the nest day, where it was found that he had
received sic notes then, ill of whirls were paid in at the club
except one, which was No. 18,002, and which, being stopped
at the Bank of England, was found in a very tattered condition,
wills a large blot of ink at the back, which might conceal any
name which had been ws Slims on it. When the deficiency was
discovered, a search was proposed, to which all present sub-
mitted, but two persons loot left the muse hefore the proposal
was made. Ou the defendaut were found three notes of 51.
each.

Mr. Scurlett addressed the jury for the defendant. contend.
ing (hat the condition of the note proved it had passed throve'
the bands of a party who had improperly substrarted it, rather
thanlnit it was withheld by Mr. S 1 tiding, to whom no fraud
was impoli.d.
Mr. Gurney replied o the whole case.
. . .

The lord Chief Justice summed up the evidence. He oh-
served that the case was a ilistresAing one, liaising, as it did.
among 'milks who ware admitted to be hitherto of respectable
character.

The Jury deliberated for a few minutes, and found a verdict
tar the plaintills—Dsma,tes 101.

ATARSD AND ANDTDER n. FDASF.R, CENT.

This was an action against the defendant, a clerk in the Ceurt
of Chancery, for a false reprcsentalion respecting the interest
of Colonel Ilippisley in eertlin 11101111e5 which had been the sub-
ject of a suit in that court, io consequence of which the plain-
tin were induced to wake advances to Colonel
. .

It appeared in evidence that the defendant had, since 1141 7,
managed the suit of Colonel Ilippialey, as clerk in noun. In
August 1820, Mr. Cooper called on him from the plaintiffs, to
inquire into the truth of a representation made by Colonel
/lipidsley, that lie was mitided to 1,1001. 3 per cent. consols,
Mantling to the credit or a taint! " Hippisley n. Western," an
'inter for the payment of wide!' would be obtained an soon as
the folliCeS were open after the long vacation. Mr. Frazer re-
plied, that be had no doubt such assertion was perfectly true.--.
In cow,, eivenee of this answer, the plaintiffs advanced 2901. to
eidtoltel Ilippisley, and took Ida order for the payment nu the
defendant out of the proreeds of the cause. These, however,
were not forthcoming at the appointed time, mid, after various
delays, it win discovered by a reference to the hill and answer,
that Colonel Hippisley had riot, at most, any right to more
than the interest of the money for lite, and that lie had becu
discliar4ed in 1`!O9 fioni prison, as an insolvent debtor.
Mr. Taunton, for the defendant. resiiiii.led the Jury, that this
action could be sustained only oil the ground of Freud, and that
therefore they luso he persuaded that Mr. Frazer knew that
the assertion lie was making was false. Now lie was not the
confidential solicitor of Colonel Hippisley, hut merely the
clerk in court; who was, no doubt, better employed than in
readine, all the hills and answers in every suit, the mete for-
mal part of which he conducted. There was no imaginable
midis e for the fraud imputed to hint ; indeed, all his interest
Nah against all advance to be repaid nut of a fund, to which he
must look for his own charges ; and if a mere casual conver-
sation like this could charge a disinterested party with a debt,
the lips of every Englishman must remain hermetically sealed,
teat lie should lied an attorney's • krk in a casual inquirer,
and snake himself liable to s debt by a few loose words.
The Lord Chief Justice assented to the law as stated by Mr.
Taunton, and left it to the Jury to say, on the whole evidence,
w briber the defenticuit was aware that be was giving his sanc-
tion to a falsehood.

The Jul) found • verdict for 11w plaintifs—damages 2001.
SPICEIt V. BROM LUIS A. 0 A• 0 1111. R.

Thin was an action against the defendants, atm are army
agents, for a penalty of 501. incurred under 51 Geo. 111. '1.28,
by their default to sender, on oath, an account of all monies
received by them under powers of attorney, %tibias two calendar
months lifter a precept from Ilse commissioners of the army.
'flue pi crept produced required an aeronaut generally ..f all
numb s ever received to be en to the mob r-treasurer.
Service ass proved on our of the defendants, Blunter', °raj.—
No account haul ever been gigolo.
Mr. Marry ati submitted to the Court, that the act never in-
tended to require an account of all monies treri% ed during •
man's life, but dint some indis bloat transaction must be opeei-
lied ; and also that, under the Net, th conimissioners Lad no
power to direct an account to he rendered to the undts•treasu-
rer, or to any but themselves.
The Lord Chief Justice over-rnled both ot,jections ; and the
jury, under his directions, found a verdict against Brothers fur
.301., and a verdict for the other defendant, who was out abown
to Lase prsonally received the 'stereo.
4,The Marquis of Londonderry and Col. Wood wished the
Lill should he allowed to go to a conouittee.
Mr. SCAKLbI'I said a few words in trplv.
. . •

The galltr) %los theh eltored for • 46*ision.- For the weond
reittliolz 66 -- for 116, amendlues.l, b3--Mjority, Agitiuit th•
hill. 16.

TL,ntb«r ordot. et the J wtre thku divoltd of, and the
11uu.•..,,1j,uu,.J.

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