The Sun.
London, England, 1808-12-09 00:00:00

BATTON AND OTHERS V. ROBBY AND OTHERS.

,This was an action by the 'OWners of the Ship
Magdalen, with ,a. cargo of sugar, from the We.,t
Indies`, for an average loss sustained by an accident.
the Ship sustained going into the• West India Docks,
ky driving against the entrance, and the anchor,
which was over her side, driving into her, and mak-
ing a'hole. Part of the sugars was damaged, and
much expence incurred in discharging the cargo,
to save the remainder. The 'Defendants, part:
owners of •the cargo,- refused; to contribute: 410 r
share of 'the expence, on the growid that the acci-
dent was owing to negle6t, in not having the '
chur on ',board, which would have prevented. any •
injury.
The first Witness called tor the Plaintiff was Mr.
Thos. Fors., Dock-master to the West India Docks,
who proved, that the Ship, on coming- into the-:
Dock, had drifted against the side of the mouth, and
that the anchor was hanging over- her side,- and4las
driven into her; but he also provtd that this was
contrary to the pointed direaions sent on board
every Vessel before entering; one article ofwhich
.dlrects the anchor to be housed, that is, to, be lodg-,•
ed home on the
.decks.

Upon this evidence his Lordship dire6ted the
Plaintiffs to be non-suited.

OLIVER V. SPOONER.

This was an action to recover 281. upon a breach
of 'agreement, to which the, Defendant pleaded
set-off. The Plaintiff had taken a house in,
ner,street, for which- he gave a fine of 3001. and
was to give tool.. more, provided a licence for a spi-
rit-shop was procured within a certain period.—
This was not procured; and he agreed to keep the
house on the 'remission of the tool. The Plaintiff
after Wards agreed to' let the houSe to the Defendant
for 5001.; but this bargain was altered into a deter-
mination to let it on their joint accounts. In the,,
interval of these two last transactions, considerable
expence had been incurred for finishing' the hotiSe,H
.rind:sorne actions brought for. the amount, which
they agreed to defend at their common charge, and
Mr. theliefendant's moiety of these costs this action
was brought. But it appeared, on the Defendant'l.
hart, upon settling accounts between them, on the
sale of the house, • that the Plaintiff had charged the
Defendant 4001. as the fine of the hoitse, instead
of 300 i. aEtuady paid by -.him, by Winch he' had.
retained 501. to which the. Mle.hd.3.nt was enti-.
tled, leaving• a sum more than sufficient to cover
the Plaintiffs demand .upowthe score of coil's:
The Plaintiff was, of course, non-suited.

. .
DISCOVERY.—A Gentleman, whose residence is
not' far distant from Han.iver-square, having for
urrie tulle baCk entertained ldoubts of the fidelity. .
of his cara sposa,.in consequence of. his seeing. in
her posSession occasionally sums of. money, which
he'well knew it WaS.. iwpossilble for her to save out
of her housekeeping, at, length,. atter much painful
•Watehfulnes,, discovered the source from whence
this adventitious wealth flowed. Some evenings.
ago he placed himself in the disguise of a mechanic,:-
at the dyor of, a Well-known house, of
.I..shionable„
1• • • •
accommodn ion, near Spring ,G,ardens, where he_. had.,
reason to believe hits rib Visited, 1.--1 e did not mina*
long there, whe& . he perceived her enter in com.-:
pang with a Gentlentan., After the .lapse of, a fe.w.•
initattes'lit;.ent&red the honse, and interrogated the,
lan/Addy if a lady of his ,wife's description was not
then in the house? Being answered in the affirm- I
ative, he immediately bUrst open the door, and atteril
upbraiding her for 11,er " Ma-
darn, tor the li.ifute live by, your _profession,
•no longer acknowledge you:, We understand .t bat
the Gentleman Means to bring anaction of datnages:
against the paramour, and also to, indtet the house/
t the-ehsuing'Sesions.