The Sun.
London, England, 1801-12-21 00:00:00

WADDINGTON AND CO. ''j. LIPTON.

This was also an ACtion to recover Damages for
the. non:performance of a Contraft made bY the
Defendant, in November i799,' who is also a flop-,
Planter, . for the delivery of the next-year's growth.
of Hops, upon 90 acres, of land, belonging to him
in three Parishes in Middle Kent, at tol. tos. per
cwt. on or before the ist. of November tEcc, at
the Plaintiffs' Warehouse: at Maidstone; under the
forfeiture of s=ol.
The Contra& was admitted by the Defendant's
Counsel ; and it was also_ admitted that ,the flops
were not delivered. _About 190 Bags were stated
is the produce of the 90 Acres. in question.
Mr. Srowc,. a Hop.fador, proved that he sold
bags,. part of the Defendant's growth for t Soo,
part at 151. 105. and the remainder at 41. 14.5.
It was admitted thart his was a fore-hand bargain;
but it was agreed that the question whether it was,
in itself legal or illegal, should, in the event Of a
verdiet for the. Plaintiffs, be left to the decision of
the Court. _ _ _

Mr. Serjeant .BST, on behalf of the Defendant,
contended that the contract was .illegal, 'it being
part of a scheme formed by: the. Plain tiff 'Mr. Wad-
dington, and partly cittried..into execution, to en.
hanc.e. the.. rice, of Hops by.illegal and unfairrneans.
Mr, Waddpiton, he said, had. ,been convicted of
inalsina;el4.,,4E bargains of this sort between
November, 4'719 vet September tBOO,, within which
time this'copt;4o)vas to be executed, • forthe express ,
purpose of Illegally enhancing the price .of-Hops,-and
therefore he could not recover damages for non per_,
tbrmance of a contrast which :was a part of that
transgtion, and therefore illegal.•
Witnesses were called. to prove that Mr. Wad-
. •
dington,-. about .the time,in quiesticin, made a great
number of purchases, and forellind bargains and con-
traits for Hops, with the view and intention of
creating an artificial scarcity in the Winker, and
thereby to enhance the price. •
'Mr. Joseph Jackson, the most material of ,those, '
who was formerly a confidential clerk to Mr. Wad-
dington, but was dismissed in consequence of
..a
dispute between them, stated, hat Mr. Wadding-
ton did, about and before the time in question,. pun_
chase a large quantity of Hops, and make a great
number of contracts for subsequent growths of
Hops, and that he declared to. the Witness it was his
intention to take a large quantity out of the market,
and thereby to enhance the'price. .That Mr. Wad-
dington established a Bank at Maidstone, called
" the Hop Planters Bank," and gave several
dinners, at which he uniformly advised the Planters
to keep back their Hops froth market, alledging
that the price would soon be much higher.
The Plaintiff's' Counsel endeavoured to invali-
date -the testimony of this Witness, but he posi-
tively denied the circumstances alledged against
him, except that he was . dismissed by Mr. Wad.
dington in anger.
The Defeß.Oartt's Counsel then tendered in evi-
dence a! ccprt.tOf she Conviction of Mr. Wadding.
ton for illegally endeavouring to raise the Price of
Hops, ,which; was objeaed to by the Plaintiff's!
Counsel, as anadmissible.
Lord ALyArri.x.v said, he was compelled to ad-
mit the. Record as evidence of the intention of the
Plaintiffs at the time of the contra& now in question.
The Defendant's Case being here closed,
Mr. Serjeant SHEPHERD spOke at some length
in reply.. ',The deleaice, he said, was highly diS-

NElk;c.

INSOL'E, DEC. T 43.

• A rri ved —t he Willi a rri Sa.tall, .fro hi Chi ciiiiiter.
• • Sailed—the Juno.; ,Northoyer, for :LeKilorni,"'4dreriture;
Ilishop,.for Lisbon I; Wifliipti and Catherine, Pratt, for Bris-$
tol ; d.Mary, Clark; fur Southampton. '

GRAVESEND, DY.C. 17.
Passed--by the Swan, Hawkins, froM Cephalonia ; 'Nep-i
tune, Errington, from Gibraltar; „Sincerity, from
Dublin; Vine, lowland, from PetersburBh; Baron Nelson,
.Forster, from nnte ; and the berdthea., , from' Lisbon.
Sailed=-the Mentor,. Simpson, '.for Martiniqpc ; Jonah,
Fryer, for ; General Moore, Worth, for 1114114 ; and,
Jansen,Dolphin., • ter Lisbon. •
...DEC.;.IB: Passed by—the Birmingham, M'Carthy, t'rom
Baltiniore ;
.Daphne, , froin Dublin ; otton,.
from Gibraltar; Ale,ander, Brown, and Russia Corripany,
Brown, 'from. Riga ; Aquilon, ••Commareet Hopper;
—, Memel, Manners, Supply,
•loland, • Leo-
now, Teal; Echo,- Pcclz, Union, Lively, Adeona, Street,
Haleypn,'Rearson, RObert and sane, , Haddock, liar-
risen, and Commerce, A lderson, 'from•Petersburgh.
:'Sailtd—the Lady Ann; A rthur, for G renada .; Basseterre,
Sop,Nter.Dernerary;:-Rosalia, Sinclair; for ' • Irroquoi,
—, 'New Providence ; aiul the Nieu 'Peobe, —7-, tor
Lisbon: . • • •

SATU

...- . . _
LONDON : Printed by BUCHANAN M.MILLAN, (of Row-Street, Coy,An-Gz,ro.,:n); and Published by WI LLIAm ARMIGER Scgirrs, (Of Horse-ferry-road, Westminster) -
4 , .
At the §I.TN-OFFict, No. Ira, Strand ; where iidvcrtireraeatr, Order; for the raper,,Latcrs for the Edit.sr, • (post paid,' must be addiesetd;
. i