The Sun.
London, England, 1801-02-16 00:00:00

ROGERS V. IMARYAT.

THE Plaintiff_ is an Attorney, and the Dc-
fendant is. art Assayer, of the Goklstniths Hall
Company, and the AdiOn was brought upon a
Balance of Accounts, and the Plaintiff 's on,
the Defendant, .for BusifiesS done in the course of
his Profession, and of which he is a very respect_
able Member. The demand of the Plantiff was
satisfadorily, made out.
The Defendant attempted to prove, by'a Wo-
man of the name of .Flower, otherwise Black-
bourn, who had formerly cohabited with him,
that the Plaintiff had given credit to her, and not
to the Defendant.
Another Witness of the name of Whittle was
also pOoduced by the Defendant, [nit neither the
Cs:dirt nor the jury,,gave them credit for their
testimony, and, therefore, a Verdi& was. found,
for the Plaintiff, for the amount of the Balance
due to him, which was thirty pounds and, a
fraditm.

CAWTHORN V. MURPHY.

This aftion ,was brought by the Plaintiff, a
Bookseller in:the-strand, against ARTHUIt
I'HY, Esq. the celebrated Author and Dramatist,
to recover the sum of zo guineas. There were
special counts in the• declaration upon an 'agree-
ment, but 'they were abandoned by the Plain-
tiff's Counsel, Mr. MINCiAY, who relied only
upon the count he had for money had and receiv-
ed. It appeared the Plaintiff had entered into
an agreement with the Defendant to purchase the
copyright of his miscellaneous works, and
among others, of three of his Dramatic Produc-
tions—The Grecian Daughter, The' Way to Keep
Hint, and The Orphan of China. The Defendant
was to give tool. for them, and as there were a
number of copies in the hands of Mr. Cadell, the
Defendant's Publisher, it was agreed they should
be delivered to the Plaintiff as soon as the De-
fendant should have arranged certain disputes
subsisting between him and Mr. Cadell ; and also
that the Plaintiff should have such copies, as the
Defendant would be entitled to receive upon the
determination of a suit in Chancery, at the time
depending. The Defendant was paid twenty
guineas on account ; but in consequence of his
having released his, interest in the copies to be
derived from the issue of the Chancery suit, he
was unable to carry his agreement with the'Plain-
tiff into complete circa. It appeared, the sum
agreed to be giyen by the Plaintiff was far from
being an 'adequate compensation; however, upon
the failure of the condition upon the part' of the
Defendant, the Plaintiff thought proper to bring
the present Adion, to recover back the iwenty
uincas he had paid.
Mr. EitiCINE, in stating the defence, which
consisted of arguments founded 'upon the vague
tenor and import of the agreement, took occasion
to pay a haialsome tribute to the literary ability
of the Defendant : he made no doubt that. Gen-
tleman would find the inadequate compensation
his labours 'had received from his cotemporaries,
amply rewarded by the applause and admiration
of posterity.; 'and he trusted the anticipation of
his fanie would afford him' the same consolation
which had 'aupplarted the:great Milton, under the
refledion that his Paradise Lost, to which he had
devoted all the energies of his. Mind; had told fur
no m6ie than 81.

Lard
KENYON expressed himself in glowing
terms of admiration of the genius of the Defend-

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