The Sun.
London, England, 1808-12-19 00:00:00

LAU REPOaT.

COURT OP KING'S BENCH, DEg

THOMrSON v. CUM MING.
Mr.. RK. stated, that this ,was an a,Sliori for boird
and loiging, and, various other accotnniodations,
.furnished by the Plaintiff to the Defendant, Mr.
David Cumming, a Gentle Man of Vey large for
tune.. He was indeed rather 4 surprised to find Mr.
Cumming had at:y appetite for appearing befor"
his Lordship again, as, he had been before ill
Court, defe.nding a claim of a. similar oature from
another 'quarter. Although Mr. Cumming
was
po,sessed of a large income, a:1 a kept his carriage,
yet his niggardly disposition was such as to make
_ him like well IQ live entirely, upon his friend,
wherever an opportunity offered, without at al!
making them any recompense for the favour* re:
ceived. Such watt .his conduct upon the former oc •
casion, and it would be found to be of a similar
nature upon the present. His Client,
Mr. /1.11111
Thompson, was a:Clerk in the Navy Pay-cAtice'
and at the period in question enjoyed ot;ly
subject to the . facome Tax. He would fens;
it to: the Jury to judge whether Mr. 'ThorupWs,
with this limited' income of t 801. a-year, co
ailbra to entertain the Delend:!4,. t, his servoi"
horses, and friends, and the st
.-„rots of his
with meat, drink, and other aceoannodat ions. ail
please this Mr. Cuirmiing, Mr. Thompson to"k
ai
expensive house, for which lie paid the reol
taxes, and also paid for a stable and cuach-11°-;
for I.i,n. 'With respect to the board and locig,T;
I _he should call several witnesses, to shew now
Cumming and his friends were entertained for 0
space of ten mouths, together with a nephew 1
who lived with him for several months. Ali is
surely could not be denominated a mere visit, to 3
by one friend to another. He could prove tt!L'sbi. •
fads incowestibly, but at the same time he ollb
mention,, that he had several letters.from Mr. Cunltttc;
I ming, when in the country, to the Plaintiff, in
be denies ever having authorised him to take a 03c
~,,t
hoase for him, and in which he sets off, gm";
any claims he might have against him, various
cents he had sent to Mr. Thompson upon forma °c"
casions, such as a goose and"two (Owls, &c: 6=‘c'ne..
Lord ELLENBOROUGH observed, that if the "'to
fendant was intending to make such a set-off iloe
the claim of the Plaintiff, the matter would b•;c°,l:E
a domestic a9nount, and ought, t herefore to be
before a domestic Ix iral.t cad,'
Mr. PA g. answered, that the question had a.ra
been submitted_ to arbitration, and a decisio° ,is
I against Mr. Cumming, with which he had nut
to comply. the
Lord. ELLENBOROUGH then observed, Oa' , ter
best mode would be to submit it to arbitration
a rule of COurt.
Mr. PA R. intimated, that he was perfealY t
to accede to his Lofdship's wishes.
that it
Mr. GA R ROW, after some hesitation, said, "gr.
was against the positive orders of his clieott
Cuninting, to agree to any reference; but be c(irj-
not help thinking it would be wasting
ship's time to try such a 'cause; and,
would take upon himself to agree to what was ►

posed. tbj'
A verdict was accordingly given in favour 9 niet•
stlbjatt to ,a risrence to arbitration
a Rule of Court,

PHILLANORE AND °THEM; V. BARRY. co•
This wai an aCtion brought by the Danis
missioners; fur payment of a quantity of rto","
ported by the Hairiet, which was unfortunate'lo-
stroyEd by fire,. upon_ the premise', of : MO' ,Gl)'
nett and Feeiter, the 15iainuff's agents at Doti (De •
sequent to tht spulebase, which had • been
_bY 7444
Defendant's order. Verdict for the
gi. ed.

N. B. Very, few Lottery Tickets and Shares,
now to be purchased, in consequence of all
.pital Prizes being 1611. in the Wheel, thwigh
numbers were drawn Tuesday last. ,Sticil rrt:eti
therefore, who do. not attempt to poi,ess:fic 1).
and Shares thi.; day, will, to a inoral,-.certaintY'
out of time.To-tnorrow for rniiking 411 'at“eliv-115.
. .