The Sun.
London, England, 1801-08-24 00:00:00

-LAW IdPOtt,

~CtNG's
BRI,ORE LORD KE'RI'ON-AND A i'ECIAL.itlitY•

DANNER V. OLIVER:

,Mr.•Gt JIBS stated, that this Aetion'was brought
by the Plaintif, as the -Indorsee. of four fills of
Exchange, against the I)efndant, as the Acceptor.
These Bills were drawn by Mr. Jolliffe, who had a
large Estate in the North, in 1794, on Mr.-Oliver,
hiS then Steward, payable to his' own order and
indorsed by Mr. Jolliffe, by a •Mr. Boyd, and by a
Mr: Barber, and the present Plaintiff had recei'v'ed
them aaiong ago,as 1794..' The Jury therefore
.might:be ,urprized that this A6tion was not brought
earlieu, ;.The truth was, they ..vere reposing them-
selvesin the Court of ChancerY, and they. were
hardly awaked from their doze, when --they were
lulled asleep again by the promise of a 'compromise.
He understood something was to be imputed to the
Plaintiff., He did not know what. It was only
necessary for him to observe further, that the
hand-writing of all the persons on. the Bills was ad-
mitted.
•

The Billsmere dated July 26, 1794, all at three
months. after date, and each fdt

The Leading Counsel for the Defendant oliserved,
that if it was a prOper :description of eloquence:to
. say on a subject every -thing that could `be said, and
that in- the best manner, his Yriend had made a
most eloquent-speech, for he had laid himself open
to no observations whatever; wfd it was not-Only a
most eloquent, but a Most. prudent Spbech, as he
had opened dryly that four BillS of Exchange ,were
drawn, accepted, and, indoisecl. 'by the persons
whose names were upon the Bills'. There was no
'possibility ofmaking an attack upon a case so stated.
It would be necessary therefore to open some fads,
on Which he cotild sustain the case he had to lay
before them. These Bills were drawn by'Mr.' Jol-
liffe on Mr. Oliver, who accepted them, payable
to his own order. Oliver was'to get thetri discount.
ed., and to get-cash for them. For that purpose he
had applied to a man of the name or B6yd, who had
since gone to America. This Action had' not been..
brought :at this late period by. any delay that had
been occasioned by any proceedings in the Court of
Chancery„ but from a perfetct conviaion that thil_
'A Lion could not be sustaine. . Mr. Boyd kept
these Bills for some time, 'after WhiCh it happened
to him to be visited by proces3.--he was arrested fOr
a large shin of money. Findin himself. in that si-
tuation, and having in his hinds those Bills,. be
thought he might take the liberty to deposit them'
in the hands of the Officer who-arresed hiM,
Nunnington, -till he should be rble, to prOcure bail;
and when- that was done, these Bills were- to be re.
turned to him. 'Boyd performed his engagement by
putting in bail, and was then entitled to have
Bills again. The Officer had in the mean time, de-
liveredover these Bills to Birber, thelittor-
ney for the Plaintiff„who had arrested BOyd. Mr.
Barber's hands had a birdlime. quality. No paper
that got into them, ever found its way safely out of
them again—it stuck:so fast. .The present Plaintiff
had received them from Barber, without having
given any value for theM. Banner, the - Plaintiff,
had expressly admitted he had given no value for
them. No person had given value for them.
titer have fotind their
way into Banner's hands through a Ooluzfida holder
for : a valuable' consideration, though he . has not
paid any. value for them, he may, I apprehend,.
maintain this,Aaion. ,If. no value has been giVcii
for these Bills, by any person, then it is clearly
nncluln, pothim, ex giro non or tiYur aelio. I-have a
most perfeft memory of a case reported by SrliEß- •
FIN, 'where it .was decided, that if the holder of a-
Bill who has paid no consideration for it, deriVeS
title through another person who paid a full' and
valuable-consideration for it, that hOlder may main-
tain an AEtion upon such a Bill ,

The Counsel for the Defendant observed, that
Barber had no right whatever-tó retain these Bills
moment after.,Boyd had put in bait.. These Bills.
were expressly given to Barber Upon ;that. consi,
c.leration, that whenever bail was put in, these 'four
Bills should be- immediately returned to 80yd..--
But from the bird-lime 'quality of this professional
Gentleman's- li-arldS, this paper never found its way
out of them. to Boyd. Barber haviing no right to.
detain these Bills, could convey no right in them
to Banner, the present Plaintiff. This swas the case
on the part of the Defendant,. whoSe Counsel ob-
served, that as lie bad said so niuch of Barber and
to him, and as he could say nothing bad. enough, of
him, he should pass him over in silence altogether.

, -
Mr. GIBBS contended, that Mr. Barber was a
holder of these Bills for a valuable consideration, and
that Banner, his client; might proted himself under
the title of Barber`.

Lord KENYON—" Banner comes here as a Plain-
tiff Co compel, the payment of this money. Banner,
I understand, admttS these Bills came into his hands
without any-valuable consideration. I think,,Mr.
Gt sus, you ought to shew, soinehow or other, Coat
they have circulated . through hands, one of whoth
at least has paid a valuable consideration. for °them,
and through whom you'claim title."

Mr. GIBBS contended, that his Client stood
precisely in the same situation as if Barber the
Plaintiff—that is, Banner stood clothed with all
the rights of Barber to recover the amount of these
four Bills of Exchange. He here strewed by evr-
dencea title on Barber to these Bills.

Lord KENYON then called on the Counsel for the
Defendant to impeach Barbers title.
For that purpose, they called Mr. Nunnington,
the Sheriff's Officer, who, his Lordship sai..l, gave
his evidence. to his satisfatiion.

Barber did notattend, and was called'on his sub.
pceria. • .

• They were. not able to -impench Barber's tire,
and as the Phiciff proteted himself under that
title, the jury found a Verdid `for PlA.intiff,- for the.
amount of the Bills, with interest, whielrwas, 5301.

rwelve male convicts were last week, sent fro
York Castle to Portsmouth, on their way to Botany
Bay.

F .STOCKS,
RPAY.. .

India StOck .
Lxchequet Bills s.dis.
New ditto s. dIS. •
Lottery 'rickets
Irish ditto
tipper. 3 per Cent.
Ditto
rank for Account
..
India for Mray •-,•• •
Co►-isols for Gdober 64,0

. .
cX THEN Professional • Wri or Ethteatizm Jr!'
V-V Responsibility deviate from.- the general. System t"'
the selettion of a peculiar branch, the saOtion of long car',
tinned success is the best criterion of superiority. - •
Eight years have] devoted
.my practice to the ex•clasil,
treatment of Three Disorders, and"thesticcessful rcsutt
my plan gi'Ves me additionaLardor to i)..ppose, as far as I Al,
able, • the- ravages of those Complaints- which are the mos
important in ,the Catalogue jlikunanlotirinities.
After initiation into every Branch, as an, Army StirgeN't
I tbrtned si wish at an early :period of_ Practice to rescue
dividnals from the ignorance of uneducated men, or Iti"
equally dangerous_. prec iphaocy ot.geiie7lp,eke'riace2i toi,,fiievrsi.,.N
The Three Disorders, to the Cure of which, I have dc
• voted -ttentioh, comprise' 'every
REAL. INFECTION; whether 914'. recent or lcnz, du"
ration: 2411 y, kinds ot debility, 1-vitether arising ft-
the habits -of school-Aoysi- .or the incittlg.mcesi of* matoro
age !. • And, lastly, that derangement of sTsrein in
Linen which is called BARRENNESS, or Sf l RUA T a
th Nurneus Diseases, are the testilt of ignorance, or 11.36.
in "the- treatatet *of 4 `simple :,o:lonorrhme ►and it- ttOt 5111;
frequently' happens that the seeds of Life are poisonad
the indiscretion-6f an. unguarded hour.—By a. supelior roc;
thod such Complaints are easily cured; and, even' vvli ,r';
-others have failed; I trust that may presume to otter-
radical re-establishment.

.•
Few, however, are the cases of complicated cli.3tiess.l
this disorder, compared With. the calamitous situations
'Men; Who-, 'from an indulgence in -a- solitary vice, or
prevalent gaieties' of a fphionable life, acqUire that
consequence
st3ii
of Debili:y, which is the unavoidable cons of sit-
pernicious habits..
hut •'
Where the unhappy sufferer broods over his- rnierY,
caretnlly conceals his misfortune, it may be, sonic 40,,1"-„t `.ration for him to' knOw', that 'although 'it he ran
doubt or uncertainty with other Praditioners, the reniov3
of these Deficiencies by the gradual progress of ReaLl
tion, is the acquirement of my Experience. If vv.:. rite;
of Bacchus or: Venus leave began to reduce Manly vig°u
much anxiety will -be prevented :by an early -Counter:l6'c'.
tion of ;this. langtlid State; and. in these cases no sr43 •
difficulty will occur. ,
'But where tins DeielencY has for years. existed, a prolle
perseverance is indispensably .equisite to revive thc sluffl,' •
bering Sparks of Life, and to, re-ammate the Constitution, 4,
W E'Sl have long been disappoiatt
in their expedations:of a' Family, may be 'assured, that,'",,,
.most instances, such deleas are curable by 'Medical skill. -
The secrecy which is So essential_ to my undef•takulrigfi
and the qualifications Which 1 have presumed -to state, fq
the basis-of my
.pretensions, and in coincidence with 5:-Icj
this intimation is given, that Mr. B. may be •consulo
Personally, •or by Letters (inclosing a small Note), .3r,.
house, 'No. z 9, Arundel street, Strand, pear Temple 1,4,,
,I%lere is an r additional Entrance in Warer-stre?".
adj.ditaing; and the Name is on both the doors.
Member of the Royal Col ieke of Surgeon`,