The Sun.
London, England, 1806-12-18 00:00:00

LAT.: ,13*P...D.RT,

COURT OF KING's BENCH, Dtc.x7.

• DU AKIN V. HAYES.
The Plnintiff is:a lighterman and granary-keeper,
and on the 19th of August, 1803, receUedinto his
granary 8&301 quarters of wheat to, be. kept for the
Dilenciant. Oh the 16th of November 356 quarters
were sold;.•and remiiveo by the .Defendant, and the
remaining qUantity 0f:474 quarters continued in the
Plaintifi's granary until the 21S1 of Aug. 1806, when
the last delivery• took' place. The Plaintiff demanded
bs. per Week.for each-'hundred quarters on the whole
flu,.4ntity of 830 quarters -during the whole year, from,
Alig. 1805 to Aug.'. 'BO6, .ainowlting to 1141. or
109 i. and it was at first attempted to establish this
awn upon the foundation
.of c.ustoin in the trade
to charge rent for thewbole quantity, notwithstand-
ing it should .be reduced -by• intermediate deliveries
of corn to purchasers, unlesSthere should: be what
is.called in ;he tradea:new peeling. The Defendant '
paid 751. into Court, which was at the rate of ss.
per quarter on 830 quarters to the aith-of Novern-
ber, and upon 474- quarters from thence to the
last
delivery% - .
-Mr. GA attow, for -the Plaintiff, called several wit-
nesses,to prove the custom of the trzde„andone of
them went so far as to say, Oaf if
,there were three
floors of a granary filled with corn, apd two should
be em, tied, and only. ten quarters remaining in the
third, the t 44- r ivuSt pay rent for the whole three
floors until the third Was cleared, orthere was a fresh
peeling.
Lord ELLl7.l4Bououon thought this custom of
trade too gross to be supported. And the Plaintid:then
went upon the quantum meruit to recover a fah com-
pensation. SeVeral witnesses were then called, who
said s:?!6J..vas a fair price, some 6s. and one as.high
as 12s. in this case. •
Sir V. Givas called several witnesses for the De-
fendant to rebut the custom, who said, that when
there was a flour of Corn which was delivered in five
or six veeks, the faeor took no notice of • the diffe-
rent stages of delivery,, but paid for the origivalquan,
tits- at nye or six shillings a week, Sometimes,
when granaries were wanted more than wally, the
lighterman himself paid seven shillings a week rent.
for taking an occasional granary.
Leal tf..LENUOROUGH, in summing up the,case, -
said, that the evidence had been addressed more to the
CUStOM ihan to thevantum ineruit, which was the
true- point in the case. The effe6t.of. a Pra6tice, for
it Nva; improperly called a custom of trade, was this
" So far as. it is reasonable, and when quite uni,
form, it ought to prevail in; the absence of any ex-
press ulit-Ad-between the parties. For it would be
quite endless in each instance to specify theterms of
every contract in business ; but parties are supposed
to make their contra&s with reference to such usages
or practices. That they must, however, be. clear,
reasonable., and invariable ; for if not reasonable, as
in this case, they'were not good." He said the JUry
had received but little information as to‘the question
a the reasonableness of the price. '
:The Jury found a verdial. for the Plaintiff—Da-
ZtlageS :31. and a frgtion ; -but declared that they
did pot sanction the custom.

, CARR V. OSBORN.
This was an anionfor money had and received,
- With a special count that the Defendant, having in,
cured the Height of goods in the ship George,. from
Rip to Londoo, "(which WAS detained by the Ern-
-I}o-or of litissia) abandoned the freight to the Plain-
' tiff, and agreed to make- an effectual assignment
thereof, in consequence, of which he, paid the losS,
but that the Defendant afterwards abandoned the
ship" to ether persons,, and. thereby; although the
ship returned safe and earned freight, yet the assign
tuent by the Defendant of the freight was rendered

of no avail. ,
Mr. PARK stated• the case, which El:Orrespended
with the above statement of the special count, with
some additions. The Plaintiff first abandoned the
ship alai then the freight, and both were assigned
to -the same trustees, in trust tor the several Under-
writers on each: The "ship-was chartered for the
voyage,
.and the ireight earned under the charter-
party. The Learned Counsel stated, that this ac-
non was founded upon the principles arising out of
the ~a•se of " M'earthv v. Abel," 5 East, 388'; 'and
Very ne:lrly resembled' the case of '" Sharp v. Glad
. stone," 7 East, 2-14 bUt it• differed. fi our that case,.
inasmuch as there it was a seeking ship,„ and not a
chartered ship.
fads.were all admitted. • • •-•
. . Sir V, GIRBS said; , this was distinguishable`from
Sharp v. Gladstone; and as there was an assignment
to the trustees, if any thing passed •by that assign-
tneitt,_Jhe Plaintiff- could not recover: He did not
enter, however, sufficiently
.into the argument to
enable us to state his view of the case ; and it ap-
pearing to
Lord ELLEKnottouGn to he different, in some de-,
gree, from the last case, he gEve no opinion; and- a
Verdi& was taken by_ consent, for 'the Plaintiff
Damages t. 301. subject to a case for the opinion of
the Court. .

ATTERSOL, V. BURN 4. •
The Plaintiff deposited 570 quarters of the, best
Dantfic Wheat 'in the Del udant's granai.ies tbr 25
days: When it was measured out, the Defendant
said it had lost to quarters and 5 bushels, and for
this deficiency .the action was brought; the value
being 45E.-
.
Fur the Plaintiff it . was proved. that the Wheat
sold at pos. per qtraner, Aviii.eh Was the highest price
in the :Market, and that.sotne'of the same Wheat
posited in 'his own granaries, did not
-suffer any
waste_ The Defendant called many
~y..itinesses to
chew that .the w2ste was_ the fair diminution in quan-
tuy arising front the necessary turn-ingot-the Wheat,
to I“tip ;t dry, and also from the •skreening or it :fur
sale, according to the direaicp of the Plaintiff.
Verdietior the Plaintiff, damages of.

DEM\IBL4t
ASSA,U I.T.

• GORE V. RUSSELL.
Mr. OABRO*, • on the part of the Plaintiff, said,
that this was one of the most outrogeous, assaults,
that ever came before a Court. It-was committed
too by a public character, one who was not, per-
haps, unknown to the Jury, and one .whose interest

LON DON. : P by
At the'Suzi3Ovyi