The Sun.
London, England, 1808-12-13 00:00:00

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COURT O KLNG?s•I3ENCI-I, DEC. 12.

SITJLINGS AT NISI PRIO*S,.BEFORE LORD LL!.LNIISOROUGII.
'
GfiAPLIAND A ICD,TIMICER.V. AND FESTER

l flis IN,11;E. • ~; c
This was an brotight to. recover the amount
of,
goo4s; sold -and-tie:fivere,d,by :thy Pluintiffi to the
Oester Delany, before her marriage with
Petencfailtr,Winshire.
Mr: GAtttio stitted, the Plaintiffs,carried
„on a citstillery...tor „the purmose of distilling spirits.
They had served -the-betendani, klesirr, before her
covenant with W.dtsh-ire,,with liquor to .the, amount
of.11:3l. -She. kept a, public-house,: the sign of the
• Blue Anchor, Butgher;s-:ow, Radcliffe-Cross. A
person of tits: tia.oe of roye, horn, he_uniterstood to
..• be the- son-to-law, of Mrs. Delany,-,was the Ctitn-

micsioned Agent of the Plaintiffs, to get .t hem cats-
.; tOmers, and sell .their htitior for them. There had
been a Commission of liallk.ruptty taken out against Jinn, and-be was, at that moment, an 'uncertific.ated
bankrupt, The. lAparned Counsel observed, that
'be.understood he was.to be biouht' fur.wird as a

.witness for the Defendants, to prove that the Liquors
were:sot on_ his account.' He hoped he.was
formed, and that nu such defence would beset up ;
far it it was, it could only be supported by perjury;
as he.would prove .that the Plaintiffs never-knew
that Pope had any, oqter, employment of business
at that.period than as their Commissioned Agent.
The: Jury would hear the testimony of,the witnesses
on both.sides,. and it was for them to decide which
of their testimonies deserved the greatest. credit. He
then proceeded to examine the witnesses. .
John Turner,a carman, deposed, that he knew,
the Plaintiffs in-February, 1807, and that he took
a hogshead of rum for them to the Blue. Anchor
public-house; it .was.a Mrs. something that kept
the horse, but he did not recoiled the name.; she
asked a man in the, tap-room to help hint down
with. the spirits ;. he. took a. permit with him, and.
left it after him; he' was hanged if be could recol-
- let-. 1 whether he had brought any, thing else there.
• John Thompson, Clerk to the Magistrates of the

district of .Raciclitf-eross, deposed, that the De.
fendant,- Hester, was .hcensed for the iLue Anchor
in September, 1806.; and that Pope was licensed
• for the same house• in September 1807 : he only
knew it by a cpl,ndar or memorandum that the
Magistrates had for their own information.. . •
Israel Ramsden, Surveyor of Excise, deposed,
that, in February, Iso7, he surveyed the liquor in
the Blue Anchor ,publip-houseJ it was thei3
.kept
. by Hester Delany ;he only khew so from hearsay ;
there were- 33 gallons ,of-brandyoo.gallyns rum,
and 6 gallons of fiolia4s gin, the permits for which
_ came from The Plaintiffs',; he. only knew the„-liquor
came from the Plaintiffs bv_the
. . , .
LOrd ELLENEsuItoUGiI
,observed, that this evi-
dence did nol prove any. thing: . •
Mr. GAnaow said,,he would_ examine Pope, and
he would have his. evidence noted down. •
Henry Pup. kieposed, -he w.as• employed by the
Plaid titf's in Deceinber, 1806, as a . Comthission
Agent to procure eusto:ners tor them, and to sell
their goods. The Defendant, Hester,-was. his mO-
Heaave the.Plaintitiii an °rot froth_
her to send her four.dozeib of ,wine be never give
any oilier order, for tier ; the • next - was fur him-
self, in February, tor .brandy,- rum, -and gin; he
, told the Plainttis he had taken the _house.
Mr. GARROW said, although he. last witness had
sworn his client ou‘ of tool. yet he was entitled to'
the amount of the wine.
Lord ELLENEAtuOkt. direCled tie Jury to find
verdict for the Pla utitf for the amount of the Hine,
91. Los. ; which theracordingly
LOTEN V. RIOKMAN;
• This was an action to recover damages from the
Defendant, for ill-treating the Plaintiff's horSe.
The circumstances were, that the Plaintiff kept a
livery stable, • and was a dealer 'in horses: In 'the
month of July last, the Defendant, an•upholsterer,,
wishing to visit some of the fashionable watering
places, called at the Piaini itl's stables to hire a horse.
The hostler shewed him the hacks generally let out,
which he, declined having, but asked to look at some
of the horses that were for sale.—The hostler acqui-
. esceo, and the Defendant fixed upon a very tine
horse, which the Plaintiff had refused seventy-five
guineas for. The hostler was doubtful whether he
should hire him or not in the absence of its master.
The Defendant told him he was a friend of his was-
ter, and he wished, for him, as he could pass (Inn a,s
7' his own, and he would take the same care of him as
if he were his own—the hostler corrylied, and the
Defendant agreed to pay eight shillings per day for
him ; he went to Brighton, Worthing, and Lewes,
and on the 26th of July, he sent•hitu hoMe, 'after
having rode him that dtiy forty miles, with his legs
all cut, lame, and so much emaciated, that -if he
had been put up for sale he wouldnot• have broUght
101.

In defence it was urged, that although the horse
was a fine figure, he had been, made up for sale, was
quite washy, and unfit to do any work.
The Jury gave a verdict for the Plaintiff for 211.
the "amount of the:horse's keeping for 20 weeks, the
time that elapsed before he was brought to the state
the Defendant had received him in.

ROBINSON V. TAYLOR.