The Sun.
London, England, 1808-12-02 00:00:00

LAIL REPORT.,

COURT OF K:l's,lG's N0v.•30.

SHEARS AND CO. V. S.ANdSTER,ANIYCO:

Mr. GAtutow stated, that Messci. Shears• hod re-
ceived au order from Meisrs. Sangster and Co. to
make a copper still ot such di.ucasions as to con-
tain g tons, v..ith a pewter woriu to Suit: This
order was on .'account Qt a merchant in America.—
The .rice stipulated -was '.at the rate ot ts. 9r,d.
pec --tor the stiU 'and shlteen-pencelhah-
penny tor- the worm. He understood that the
for the amOunt was to be resisted • upon' the
iyotliq; dim agreement, that twelve months' credit
to oe gn-cn from. the date ot the shipment.
If so, he could undertake to -do that cujtcti,..)n

by proving that the Captain 9( the ship
c;llikiAi the 11Altic, who Wai appointed'to take out the
to America, refused to do. so' on account of its
5;71i!,. and weight, and that although application

mate to another, who offeted to convey it fur
861 and 6i. as the expettec of lifting the deck,. yet
2..L,.ssri—Sangster and Co. refused to pay that sum,
a.,_co‘"int cat the American Embargo being at that

time in force. •
James. Henry Shears, the son. of the Plaintiff,
proved the order ter the still having been given by.
Messrs. Sangster, in the month of March, last year.
He•also proved the dimensions and stipulated priee,
which, he said, was reduced to writing, as-well as
the agreement. of twelve •ITlOntilS. credit' from the
time of shipment. Tile still and worm were made ac-
cording to order, and notice given to Messrs..,Sang-
ster and Atkinson, the Defendants, of its being
finished. 0,4 the sth Of .June, .1807, it was sent:to
the West India Docks to be shipped on board the
Baltic, Capt. Masson, according to. directions, but
be refused to take it on board, on account Of its.
weight and bulk. Another Captain was applied to,
but Messrs. Sangster- and Co. refused to pay the
freight that was charged, and c:xpence .of littittg
the deck, in order to admit it, .but agreed tO.do so
if :Messrs: Shears:- would pay the one-half of it.—
The whole expence of the goods, including the
• c,o.rge of cartage' to the Docks, amounted to.
8091-17 s. ld. •
Mn- PARKE, for the Defendants, contendedohat,
as they were nrei-ely agents for persons in Ainericp,,
it 'was. necessary for, them to have an authority; to
pay such -an enormous freight, before they could
aLree to do so, in order that they „Might be mini-
bussed by their correspondent in America. • As the.
copper would '.be of, no use in Messrs. Songsters'.
Warehouse, and as it could -not be shipped, both;
on account of - its weight and the embargo which'
had been imposed, • the. period- of credi.t3yould .nOt
commence till the • shipment had., taken place ;
whereas.the action lad been brought upon the 2.14,

•
ut June.
Lord ELLENZOROUGa was. of, opinion,- the terms
of the agreement•meont,- that the .period..ot cream.
should .cotnthence whenever the goods w.ere ready.
fur -shiptueni, and that thetuattufactarer haditi9thir4
to do wrth -the intention of the purchaser. It. was
the deity of the Deteudatlis to provide:the necessary
Conveyance.,
Vercii...t for the Plaintiffs 8091.

igEVE v. 1111..113t,*.
/dr.-GAREOW stated, that the' a
widOw woman, and the Defendant a merchant who
had 'becon'w bankrilpt.- YreviouS to his bankruptcy
lie.piolessed ,great friendship tor tier, -and was
ways willing to give her his advice. She wished to.
.take the lease of a house, consulted him, and cM-
ployed bun to negociate' the buSiness tor
approved of the plan, and persuaded her to have
the tease made Out in his name, as people were in
general more disposed to tran'sati businesi 'with
men, •and to have them as tenants, than women.?
She consented to this; and soon alter it was Made
out, she asked for her lease, but in vain. The De-
lethiant made frivolous" excuses, and in a short
time became bankrupt, having previbusly given the.
lease as security for Money- borrowed from a per-
son of the mine of Kirby. Upon application to
Kirby, he, as well as time assignees of Headon, re-
fused to give it up, and she was under the neces-
sity of filing a bill against them, which produced an
assignment in her favour. It was to recover the ex-
pence of these proceedings, amountlng to 521. the
present anion was brought
The evidence being clear and explicit, Mr.
FAURE, as Counsel tor the Defendant, thought it
could not with justice be resisted.
Verdict for the Plaintiff, .s(zl.

UNMAN V. SMITH.
Mr. PARKE stated, this .was an anion brought
by the Captain of a ieshel called the Bedford, against
a young man, named William Smith, for payment
r,t fifty guineas, as his' passage from Port Royal,
.in Jamaica, to this country.
From tlie„evidence it appeared that the Captain
had, taken the Defendant on board as a pauper,
ni on' condltion of his
_working his passage home.
Durittg,the passage, it liaPpened that the Captain
itnaginvd they 'had passed the -Gulph of Florida,
and, upon. that occasion, as is usual, a dram was
distributed to each of the crew ; but, sortie days
"niterwards, -the• Defendant discovered they were in
shallow water; and • that they were only at the
mouth of the Mississippi. "1 his discovery_crrating
a. jealousy on the part of the Captain, the Defend-
ant was not so well .ustd/as before, during .the
re-
inaitider of tic passage. Soon alter their arrival,
the Captain wrote the DefBndant, snaking a claim
for a jacket and stockings furnished to him, Making
no mention whatever ut a claim for the eApei.ee of
passage, In the present action,. however, he
tirade no mention of these articles, but merely
claimed z)0 guineas for the Defendant's passage tis:

fi::bin passenger. •. . , . .
4:. ' Air. GA apw made on able 'defence for Stnith,
anti eh arged,much upon the manner in which the
ti,ardtab, had cnnunittell himself in his letters.'
• , I:he Jury returned a veidia for the Defendant.

'COURT OF KING'S 13ENCII,. Pzc. t.

OXIIENHAM V. CUNNINGHAM.

This was-at; aiStion to recover a compensation in
damages 1;4 the deceit praaiied towards the Plaintiff
in the sale cat a horse. It appeared -that-the execu-
tors of the Defendant sold the Plaintiff a horse for
boy, !"..iineas, and having gdt him home, he found