The National Register.
London, England, 1808-11-06 00:00:00

LAW REPORT.

COURT OF KING'S BENCH, GUILDHALL, Nov. 3.

WoLE AND WORKMAN V. TANTILR AND TONLINSON.

This was an action to recover the sum of 22,0001. for
money advanced to the plaintiff's uuder the following '
cumsfances :—The defendant, Tanner, was a ship-builder
at Dartmouth, who was in the habit of building ships by
contract fru. Government, and by adeed, executed in 1804,
Tomlinson, the other defendant, joined him in partnership
in ail the Government business.—The plaintiff's, Wolf and
Workman, were Merchants in London, whO negociated
their money matters in London, such as receiving their
bilk from the Navy Office, getting them cashed, and an-
•a ering drafts drawn by the defendant, from Dartmouth,
is the course of which they had made advances to the
amount claimed, and also tor a 1/. per cent. commission
upon the sums paid, provided it did not fall short of 3001.
per annum. The defence set up by Tomlinson was, that it
was an usurious contract, and that there was no partner-
ship between him and Tanner. In support of the first it
was contended, that the I/. per cent. charged for commis-
sion, was but a cloak to take more than 51. per cent. for
the money advanced. In respect to the second point, an
affidavit was read, sworn to by the plaintiffs in another
e3use, in which they both deposed that they knew the
deed of partnership was but a cover to conceal other usu-
rious transactions between Tomlinson and Tanner, and
that it was intended to secure 5 per teat. above legal inte-
rest, on a sum of 10,0001. advanced by Tomlinson to Tan- '
ner ; and it was stated, that this action was now brought
by the plaintiff in hopes to recover against Tomlinson, who
was solvent, their advances made to Tanner, who had be-
come bankrupt.
Lord Eilenhorough told the Jury there were two ques-
tions for their consideration ; first, whether the defendants
were rightly sued as partners ; and, secondly, whether the
I per cent. commission on Ihe money advanced was a pre-
text to take more than legal interest. With respect to the
hrst, he said it was clear that the plaintas had, in their
i.ari affidavit, stated, that they knew the partnership-deed
mls but a fabrication to cover other purposes; and he inti-
%arca that his opinion was, that the transaction was alto-
t;ether usurious. Two or three of the Jury, however,
inch was a spevial one, stated that it. was a common prac-
tice in London for merchants to take a half per cent. corn-
loission ou money transactions, as a compensation for their
trouble.

The Jury withdrew, ane, after a long consultation, found
%erdiet fur the plaintiff:.

NA UT (('A L INT ELL((: ENCB•

The Havre gun-brig is arrived at Yarmouth. She sailed nom
tiottenhurgh upon the 2Sth oh. on ss ltieh day Sir J. Saumarez ar-
errived there in the Victors.. The w hole of the lirish fleet has
left the Baltic, and may he shortly expected in a Wi I iOl port.
!.!ioul,l His Royal Ilighnes, the Duke of Clarence hoist his flag as
Commander-in-Chief of the British fleet, in the Mediterranean,
awl the Wegtern Coast of ts.nrope, to Cape Finis:erre, Admiral
%ewes wilt accompany His !Loyal highness, as his Captain Of
the Fleet.

I'he tioliah and Calyre, belonging to the Baltic squadron,
arrived at Yarmouth on 'llinr:das, but the surf was so high,
that no communication could take place between them and the

The Swediili fleet has returned to Carlscrona in a very sickly
qate. So great a mortality has prevailed on board it, during
the last six weeks, that if even the season were favourable, it
could lint po“,itilv have kept the sea much longer.
On the '46th ult. a convoy arrived at Gottenbiirgh, from the
flaitic. Several of them have been a-grotind ; three of the fleet
Lurnt by the Danes .one .orthem, a Itu.,sien vessel, has run
e: .hure at Eissburgli, by the terrible storm we Wire hzl.l.