The Sun.
London, England, 1839-12-12 00:00:00

COURT OF EXCHAQ UER, DRc. 11

(Sittings at Nisi Prius before Mr. Baron GURNEY and
a London Special Jury.)
HUNTER V. PARKER.

This was an action of trover for the recovery of a
vessel, called the Prussian.
Mr. CRESWELL said the plaintiff, on the record, was
merely a nominal plaintiff, the real parti,,s seeking to reco-
ver the vessel being the underwriters. The vessel sailed in
1836 to New Brunswick ; while in the port of Bathurst,
in that country, a violent storm arose, and she was
driven on shore. The captain neglecting his duty, or
conniving with other parties, sold the ship as a wreck
for a mere trifle. In doing so he far exceeded his
powers ; and the owner having repudiated the tlimsac-
nion, it could not stand. The ship was afterwards got
off, repaired, and sent to England for sAle. She was
purchased by the defendant, as he was instructed, under
4o indemnity, and the present action was brought for
her recovery, by the parties who had paid for her as a
total wreck.

The Learned Gentleman put in long examinations
taken in New Brunswick, from which it appeared that
some of the witnesses did not think the ship was a total
wreck, and they were of opinion that she might have
been got off at an expense of 7001.
Sir W. FOLLETT said, when the Jury were in pos-
session of the facts of the case, they would be astonished
that the plaintiff ha 3 allowed his name to be mixed up
in such an action, under any circumstances—he had
lent his name for harassing the defendant under a
state of circumstances that were very far from re-
flecting any credit upon him. The ship having
encountered the storm spoken of by his Learned Friend,
ind being cast on the shore, the Captain, in the proper
discharge of his duty, had a survey held upon it by
the Harbour Master, the Captains of all the vessels in
the port, &c., they were of opinion that she might be
got off, and accordingly preparations were set about for
that purpose. Before it could be done, another tempest
arose, by which the ship was thrown further on shore,
and sustained much damage. The Captain had an-
other survey held upon her by the same parties as before,
arid they were unanimously of opinion that she could not
'me got off except at a ruinous expense. This was in
January, 1837. She was then embedded in the ice,
.ind suffered more damage. The. Captain wrote to the
plaintiff on the occasion of the first damage ; he wrote
repeatedly, and by various conveyances, but up to
May, during which period he might have had orders
from the plaintiff over and over again, he never re-
eeived a word of advice—in fact, no notice of him was
t iken by the plaintiff. The Captain then, acting on
his own discretion and bona fide for the good of all
concerned, had the ship and materials advertised for
sale at that period of the year when there
were most ships in the port, and of course
when there was most competition. She was sold
to Messrs. Cunard and Co. for a su-n of 6051.—a bill
.f sale was given, an account was made out, and a ba.
lance was struck, leaving 2751 due ; that account was
~ccepted by the plaintiff, who now repudiated the whole
t ransaction, and he actually received the 2751. and set-
tled the accounts of the Captain for the voyage and sale
of the ship. At the port of Bathurst there were no
slips—no means of repairing a ship, and very little la-
bour at the command of any stranger ; but Messrs.
Cunard employed many hands in the woods in the tim-
ber trade—they collected them, and after six weeks' la-
oour they got the hull off, they repaired her, gave her
new sails, &c., at an expense of 2,2641. currency,
and sent her to Liverpool with a power of at-
torney to Anderson and Co., to sell her. They put
themselves in communication with the plaintiff, who, so
fir from repudiating the sale made by the Captain, ac-
tually entered into a contract to take the vessel, paying
the expenses to which Messrs. Cunard had gone. That,
however,,was broken,off, and the ship was sold to Mr.
Briggs, who again sold it to the defendant. There
being ..some difficulty in getting the ship re-registered,
the plaintiff went to the Custom-house, and in conse-
quence of his representations the new register was made
out for Mr. Briggs ; yet this was the man who now
:tame forward to repudiate the power of the
captain to sell the ship, who, having pocketted
the price of the hull of the wreck now made the modest
demand of the ship with all its repairs. He would
prove every statement he had made, and notwithstand-
ing the eloquence of his Learned Friend, he would
confidently rely upon their verdict being for his client.

This case was likewise proved principally by docu
mentor!' evidence.

Mr. CRESSWELL having replied, and his LORDSHIP
summed up, the Jury returned a verdict for the defendant.

WESTMINSTER COURT OF RE-

QUESTS.

A VALUABLE INVESTMENT.—The plaintiff and de-
fendant, in the case of Warner against Morris, were
both, by courtesy only, of the fair sex. When they
made their respective curtseys to the Commissioners, it
was after a preliminary look at each other, which ex-
pressed all the love and affection a brace of bull-dogs
may be presumed to exhibit when just about to try the
force and effect of each other's tiger-looking teeth.
" Your claim on Mrs. Morris," said the Chairman,
"is for W. 16s. Tell the Commissioners how the debt
originated."

" I sold a snug ready-money business to Mrs. Morris,"
said the plaintiff, " for five pounds down, a sofa. bedstead,
and a new slop•pail. Well, what does she do when she
gets possession, but slam the door in my face, and call
me a cheating old faggot, and swears she won't pay me
no more than the twenty-four shillings I had, money
down, for the counter and gas-pipes."
Chairman—What was the sum of 51. to cover ?

Plaintiff—lt was for the fixtures, the stock in trade
—s.tnetiling of everything in the general line—and the

Commissioner—Well, that appears to be a very rea
sonable sum, if he stock and shop trade were worth
anything at all.

Gentlemen." said the defendant, " you shall hear ray
story, and then you will be able to judge of the kind of
bargain I had. This woman had a bib in her shop win-
dow, stating that the goodwill and stock were to be sold
cheap. I went in and asked the price ' You shall
have it all for 51.' said she. What ate in the bundles
on the shelves?' said I. Oh !' said she, they are all
threads and tapes.' And what's in the casks?' said I.
One,' says she, is sugar, and the other treacle." And
what's in the little drawers ?" They're full of cards of
hooks and eyes." Well,' says I, and what are the
fixtures?' There's the counter, and drawers, and gas
pipes,' said she, which is all right." Now,' says she,
with all these things and the goodwill you will have a
good pennyworth at 51.' I gave her li its. down, and
I moved in the next day. Now, as for the fixtures,
here s the counter,"—holding lip what appearedt-t be a
piece of tallow stave—" and here is the stock in trade"
—displaying a number of parcels, all of which contained
pieces of brick, rags, and other rubiliish. "As for the
treacle, there was about half a pound in the cask ; and
as for the sugar, the top was certainly sugar, but all the
rest was red sand. When I agreed to buy the stock
she w.rranted that I should find enough to supply my
customers fit a fortnight. That was true enough, for
the only customer I had all the week was a little boy
for ha'porth of mustard, wnich I was out ot."
Commissioner—Well, the stock appears to be no-
thing but " dummies ;" however, there was the goodwill
and the gas.

Defendant—As for the goodwill that was not worth
a farthing ; the shop had not been opened in the gene.
ral line a week before I took it ; and it had been during
the last six months a cobbler's stall, a shell-fish shop, a
rag and bottle shop, and a potatoe shed.
Commissioner—But the gas must have been worth
something ?
Defendant—There was a gas-pipe,
but the gas had
never been laid on.

Plaintiff—l did not tell you it had.
Commissioner—You said it was " all right," and of
course the defendant understood that the pipe had been
laid on the main.
Chairman—What do you say to remcving the coun-
ter and other fixtures?
Plaintiff—The counter was not a fixture, no more
were the drawers, so I'd a right to take them away,
Chairman—But you said your stock in trade consisted
of tapes, threads,, and other small ware articles, and it
appears that all the parcels were " dunorniee
Plaintiff—l told her I'd sell everything as it stood
by way of novelty, were Unanimous51.,
in
giving their verdict in favour of the defendant.