The National Register.
London, England, 1822-04-21 00:00:00

196

LAW INTELLIGLNCE.

COURT OF COANCERY.
TL )AV, APRIL 15.

R‘DER AND OTHERS V. PEMBERTON.
?4r. Hail moved for an injunetion to restrain the de-
fendants, Thomas and Edwin Pemberton, from transfer-
' lug certain bank an unities standing in their names as
executors of their father, the late Samuel Petuberton.—
The testator died in 1803, and left to each of his childien,
who were eight in units ber, the auto of 4,0 .01., to be in-
vested in bank annuities for their use and benefit t Nail lie
appointed as executors his widow and the two defendants.
he del emlants were now the only PM. Clltol s, Mei: mother
having died in ISI7. The plaintiff Nasadaughter of the
testator, and she complained that her brothers, the exe-
cutors, arfused to accumit to bier ter the interest of her
4,0,i01. It might be neces:ary to inform the Court, that
sin injunction of a similar nature to that now inlayed fur
had been granted at the snit of a sister of the plaintiff.—
'Flue parties, however, had now collie to compromise, and
%vete about to dissolve the injunction which rendered the
1.11..Ae11i application ni cessary.
His Lordship panted the Injunction.

COURT OF KING'S BENCH.
TUESDAY, APRIL 16.
MURRAY, V. KING.
This was an action to recover 2,6001. upon a bond.
The cooditi 4444 11miss 11 ails 11111 ID hp obligatory in
ease the defendant discharged. within one month alter the
date of the instrument, a bill of Et.cliange. purporting to be
signed by as Mr. 'l') • r tell, for 13001. payable w lark., months
sifter Eehtuury. 1519, which hill had been discounted by
the plaintiff. l'he Bill aas not paid, and the bond became
valid. Mr. Manning, the plaintiff's agent, having proved
the execution of ;:ie bond, acts asked a hat ronstderation was
given for it I lie stated, that bills Brass aby the defendant
ro the amouunt of 7 or bOOOl, were discounted by the plam-
lin; and large interest taken. The witness did not know
boa much ails given fun the discount of the 1,3011. bill.
Mr. Scarlet t. for the detendant, endeavoured to vitiate the
bond, by connecting it a ids ustiriuu: transactions ; hut the
Lord Chief Justice was of opinion the evidence in proof of
usury dcl nut, iu the well knobs n phrase, " hit the bird in
the eye."
The hay found R verdict for the plaintiff for 13t*I. the
penalty of the bond.
HERRING AND RICHARDSON U, THE EXECUTORS OP
staantsox.
'flue plaintiffs sought 111 mover 6581.55. the amount of
ilaniagessiontim d by the plaintiffs in consequence °fa breach
of trust and violation of dilly.
It appeared, that in June, 1 al6, Harrison war master of
the ship Frances and Eliza,heloogioe to il.e plahltiM, which
sailed from Loudon to New South NVales a ith convietr.—
After lauding the illlll/111% 111 i.4l.lsley the ship was cart led
to Batavia, %here the Captain took in a cargo of coiree,
part of Which lie took out of the hag. and stela ed it hmse.—
This was a violation of time Act of (Waage the'r hird, and a
violalnim oil the part of the CAplaill, illitl.lllUCll as it rendered
his (inners liable for a breach of the Excise Laws. The
Captain died ea Isis 1/I.llirof home, amid the ship arrived, in
151.% in the gist India !Jackie, a here all the louse roller
wiis wined. After several me 1111 l rials to the Lends of the
Treasury the coffee was given back, on the piaintith' piyiug
5-. per hag.
r. Searlett, for the executors, represented the removal
of the coffee into bulk, us an act done by the Captain in
ignorance of the law, and for the mere purpose of serving
1115 Oa net's, by stressing more coffee on board. The plaintiffs
r.veived per hundred freight, and by the increased
nano ity 111'1 eiffoe bri tight home, must at least have gained
as much as the loss occasioned by the s. izare.
l'he Jury. under all the circumstances, found a verdict fur
the iii ii iiil for VO3l.
not, ON THE DEMISE OP REID, V. GODWIN.
This was au action of ejectment to get possession of a
fieehuld house, No. 41, Skinner-street, in the ocenpation
of the defendant, %hose term tinder a lease hail expired.
Alter the service of notice to quit had been proved,
Mr. J. Evans, for the defendant, objected to the lease,
stud contended, that the plaintiff inti-t be nonsnited.—
Tho premises in question were part of the city property
disposed of by lottery. Art of Pal liantent made the
Lord Mayor amid several of the Corporation of Londou
t ustves, and 3.1 r. Evans submitted. that although the par-
ties had juioeti in granting the lease, they hail dilly exe-
cuted the trust, so as to make it a valid bistrument.
The Laid Chief Justice would not allow there had been
a breach of tlist, but reserved some of the legal objec-
tions of 31r. Evans for the future opinion of the Court.
The July found a verdict for the pitiiitill, damages, Is.
WEDNESDAY, APRIL 17.
FREEMAN V. THE EAST INDIA COMPANY.
This was 1111 1•C11011 iu glover, !nought by Freeman and
Compialy, to recover the value of 42 chests of indigo, sold
at tile East India Conspany's sales.
It appeased that the correspondents of the plaintiffs 01
Ciill.lllla •Ilipped the indigo in goo Sllllllllll 110:1(11 the (strie-
-7,4V. Oil 1111. • likilgel4,/1111. Ihe ‘e,.-0 aims a,erked iii Table
Lay, and i br goods saved wore sold by the Captain at Cape
Ton it. The gncslinu was, whether lie Captain was justified
in senior the property in :Me lie had communicated with
ii,'' cia lie's.
'fa, Jury found u verdict for the plaintiff for the selling
pi ice of the al title.
THE AL.I4.N LES OF NABERILEY V. LORD STAIR.
This was all 01:11.,111311,1111ilot by the assignees of n bankrupt
on tau bills of exchange; dra my a by ts pet sou named :11`Gi a,
111'1'1111Vd by Lord St•iie, made playable all the house of
Gioia and Co. end indorsed to Mobbeiley b. M•Gra. The
hill, were dated May the 10th and 20th, lalli. They had
been received for cal doges.
Alter the bankruptcy had been proved,
Mr. Scarlett cued that tile bids *sere drawn in Eng-
land, though purporting to he drawn in Biussels, unit
that they, view not duly stamped.
l'he Jury brood a verdict fur 3001. the amount of one of
the lolls.