The National Register.
London, England, 1821-03-05 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH.
MONDAY, FEB. 26.
CROWTHER, B. 110PAGOOD AND ANOTHER.
Tills was an action by Win. Crowther, the younger,
aftainst the assignees of Win. Crowther, seinor, to recover
a certain suits 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, he had committed
an act of bankruptcy. The acts of bankruptcy relied nit
were, that he had evaded paying the sum of 41. due to
the Abbe tie ; and al.condlo, that in Nov. 1815,
he left this country and went to America, to avoid pay-
ment of his creditors. It was proved, that Mr. Crowther
hail refused to pay th-s money to the Abbe de Rufigni,
and that ill edinsi qttence of such refusal the Abbe issued
process against hiiu, and that the oflizer went to the
house of Mr. Crowther, jun. with sellout his father had
been residing, on the 15th November, 1815, and en-
quired for hint. He was answered by Mr. Crowther
himself, who said, Mr. Crowther was gone our, and
had been gone for four hours ; and that on the same day
lie did leave town, went to Northfleet, where he %vein
to the house or Melt. 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 prose these facts.
Om the part of the 1,1.61;611.4 was contended, that Mr.
Clowther had Ileyet committed any act of hankrtiptey ;
that his resistance to paying the Abbe de Rtifigni arose
of of a dispute between them ; that as to his goitig
abroad, that was a eireemStatlCe Will-known to the
public, as well as Its object. That it was puld:cly known
he had received an order limn Chrisioplie, the late
Emperor of Hayti, for a set of carriages, the most splen-
did that could be built, amodintiii,,,, in value to upwards
of eight thousand pounds: that the carriages were pub-
licly sliewit at his shop, previously to their being sent,
and that the day of their being put on board it ship was
publicly put in the newspapers. That he went with the
Carriages to St. Dontitigdi, unending to deliver them to
the II aytia Nlintarch, 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 bins to take payment for what he received in
coffee and sugar, at a price fixed on thein by the Hay-
tian government. Tins act of tyranny obliged him to go
with the rest of his venture, and delayed his return to
tills country, and not any Intention 01 evading his Cre-
ditors, or delaying the recovery of their deb.s.
The Jury found a verdict fOr the plaintiff for 41. 4s.
PHILLIPS, V. REATHERLEY.
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 Hox-
ton. In that situation she was visited by her friend, the
defendant, who consulted with Dr. Rees upon getting
her liberated. The plaintiff was employed for the pur-
pose, and upon proofed' her sane state of Wind, and ap-
plication 10 a Judge, she was set at liherty. Tao letters
written by the plaintiff to Mrs. Dewsley, and a third,
including his account for business done, were put its and
read, by which it clearly appeared that the plaintiff had
been employed. The only question seemed to be,
whether the defendant, Mr. Weatherley, had given the
oiler to proceed.
Dr. Rees stated, that he had had an interview with
11,1 r. Weatherley, for the purpose of proctirdy, the liberty
of Mrs. Dewsley, and that the defendant mentioned
Mr. Phillips as the legal gentleman to be employed on
the occaion. lie also said he would pay fur 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 demand,
subject to a reduction of three guineas.
The Jury were discharged, and the Sittings after
Hilary ern' at Westminster finished.
WEDNESDAY, MARCH 28.
ANDREWS, V. GEDGE AND OTHERS.
The plaintiff, who is the proprietor of a drug ware.
house in Sun-street, Bishopsgate-street, brought his
action upon a policy of insurance subscribed by the Di-
rectors of the National Union Insurance office, to reco-
ver a partial loss sustained by a fire which happened
upon his premises. The Insurailee was not upon fur-
ulnae, but stock its trade. The Policy was effected on
the ed of September, 1819.
The defendants had tome pleas, but abandoned all
except the third, which set forth hat the plaintiff hail
hay and straw ite a cellar below the premises, not de•
scribed or communicated lodic InsuraticeOflice, in con-
sequence of which the risk was increased, and the de-
fendants were released from liability.
It appeared from the evidence, that whilst Mr. Au-
dress's was out of town, his female servant, Susannah
Aston and Byrne, his man, were alarmed by smoke
issuing from the joints of die floor, which at last broke
out in fLmes. It was supposed else hay and atraw in the
cellar took fire by a spat k accidentally falling amongst it.
Byrne swore positively, that when Mr. }bullish' (the
recently dismissed Secretary to the Norwich Union) who
was the founder of the National Union Fire Otlice, and
also a Director of the said Company. Weill to inspect
the premises previous w the policy being t fleeted, he
went into the cellar. A light was carried by Byrne. and
Mr. Bignold had an opportunity of seeing the cellar, aud
what it cmitained.
Another witness also deposed, that he saw Mr. Big-
nold, on that occasion, standing on the cellar stairs.
Mr. Serjeant Vanglian, who stated the case for the
elaintiff, said, if this office, formed under the happy
sespkes of Mr. Bignold, in 1819, was desirous of ex-
tending this branch of insurance, he would advise them
not to urge the defence they had set tip its this case.—
There was uo pretence fur resisting the palulcut of the