The Sun.
London, England, 1837-06-29 00:00:00

CRISP V. TAYLOR.

This was an action to recover the sum of 1501. u?on a
Policy of Insurance.
Mr. CRESWELL stated the case to the jury. The plaintiff
was owner of a schooner named the Lightning. In Decem-
ber last he shipped on board of her a cargo of red herrings
for the Trieste market, valued at 3501. The vessel and cargo
were insured, and the defendant was one of the underwriters.
After the cargo was on board, the weather was so bad that
the vessel was obliged to remain in harbour for a week. tihe
sailed on the 10th December, and in runnieg down the chan-
nel again met with very thick and boisterous weather. On
the 13th the vessel arrived near the Isle of Wight, the
weather was very bad—dark, with much hail; the Captain
attempted to run through the Needle's Passage, in order to
get into the shelter of the Cowes Roads. They narrowly
escaped running on the Needles rocks. Soon after they struck
on a reef of rocks, called the Warden Ledge—the rudder was
unshipped, and they were placed in great danger. It was per-
fectly dark, and the captain did not know where he was. Ile
made signals, and at last a pilot named Page came near, but
for some time refused to conic on board, as he was afraid of
having his boat swamped. When he came on board he told
them where they were, and advised the captain to send to
Cowes to an agent for assistance to save the cargo, because it
would, in his opinion, be impossible to save the vessel. They
remained on board till nine o'clock in the morning, when they
did not think it sate to stop longer, and left the vessel. The
s!i'p remained on the rocks, and the sea washed over her so that
the cargo was totally spoiled. It was taken out, and the cap
twin, taking the advice of Mr. —, the agent for Lloyds', and a
ship builder of great experience, advertised the ship for sale.
On the day it took place, the weather moderated, and two
gentlemen, who made such matters their business, purchased
the vessel for 3501. They got the assistance of Government
lighters, and after working for three weeks, they succeeded
is getting the vessel off, and after repairing her, they sold
her at a profit of 501. The defendant apparently meant to
contend on that account that the loss ought not to have been
treated as a total loss, but he would prove that the Captain
had decided upon selling the vessel without knowing that it
was insured, and therefore he was acting, as he thought,
for the benefit of his owner. ILa would prove by Lloyd's
agent at Cowes, that he considered the proper course
had been taken. Then with regard to the cargo, he would
prove by competent judges that the red herrings having been
saturated with salt water were rendered useless for a foreign
market, and must have been used almost immediately, other-
wise they would have become offensive. He would prove
these circumstances, and having done so he would rely upon
having a verdict for his client.
The plaintiff's witnesses were still under examination when
our reporter left.

COMMON PLEAS.-(THIS DAY.)

DE PINNA V: POLHILL.

This was an action for an alleged breach of promise respect.
ing the copyright of the opera entitled The Rose of Alhambra ,
or, the Enchanted Lute.

Mr. Thessiger and Mr. Ogle appeared for the plaintiff, and
Mr. Crowder for the defendant.

The Learned Counsel, in stating the case to the Jury, said
that the plaintiff in this case was a teacher of music and a
composer of some celebrity ; and the defendant had been the
lessee of Drury-lane Theatre. The action was brought to
recover the sum of 3001. for an opera, the production of the
plaintiff, which was agreed on to be purchased in 1833 by the
defendant. Matters stood over until March 1836, when the
threatre fell into the hands of Mr. Bunn, to whom the opera was
transferred, and an agreement was entered into at the time
between him and the plaintiff that if the opera ran thirty
nights a further sum of 3001. was to be given. This agree-
ment was made in the presence of the plaintiff's brothers.
The opera was subsequently brought out at Covent-Garden,
and performed two nights. It was again brought out at the
Lyceum, where it was performed nineteen nights consecutively,
and where he (Mr. Thessiger) was very much delighted with
its excellence. He was really at a loss to know, after such an
agreement, what defence could be set up on the other side,
but he would call witnesses to satisfy the minds of the Jury of
the justice of the plaintiff's claim.
Jos. De Pinna, the brother of the plaintiff, stated that he
met the defendant at his brother's house in March 1836, when
he signed an agreement for the purchase of the opera, in
which he engaged in the following May to pay 3001.
for his right of the music and poetry, and in case it ran for
thirty nights, a further sum of 3001. The plaintiff also engaged
on behalf of Mr. Osbaldiston, that the agreement should be
rigidly observed, and that the name of the composer should
be publicly announced in the playbills. After the agreement
was signed, it was handed to the defendant. The opera was
subsequently performed at Covent-garden, but was not con-
tinued in consequence of some misunderstanding with Mr.
Osbaldiston by the appearance of Mr. Macready at the theatre.
Witness was afterwards employed by the defendant to nego-
tiate with the Committee of the Lyceum, and he went into
terms for the representation of the opera on behalf of the de-
fendant, and occasionally in his presence. The opera was
performed nineteen consecutive nights, and the defendant
used to attend regularly at the rehearsals giving directions.
This was the only witness examined.
After the Learned Counsel for the defence had addressed
the Jury at some length,
The Loan CHIEF JUSTICE summed up, and the Jury in-
stantly returned a verdict for the plaintiff in the full amount.