The Sun.
London, England, 1801-12-16 00:00:00

LAYTON 'T.i'.

An Aftion upon a Policy of Insurance foi the
Loss of Goods on board the Ship Friendship, on her
voyage to and from. Lisbon to London, warranted
to sail with Convoy, captured by. a Spanish Ship of
'War, re-taken, and afterwards •so damaged by.
weather, &c. that an average loss arose.. ..-
Defence.—That the Ship did not join Convoy,
as warranted she should do, and that this was the
cause of the loss, because she would not have ,been
taken had she joined her Convoy properJ', &c.
It was proved, not only by. the Captain, who was
'made a Witness by being released by his Ownth,
but also from the evidence of two, other Witnesses,
that she received her sailing instrudions, and ac_
rually sail,eci,for one dP,y with the Convoy, and was
in a situation to give and receive signals ; but was
separated from Convoy by thick. weather, &c.
Verdid for the Plaintiff Damages; the average
Loss, to be computed by one of the Gentlemen of
the Jury.

WARNtI2., ASSIGNEE, &C. V. WATSON.

Mr.' Watson, the Defendant, a Steam Engine
Maker, &c. in Blackfriars Road„ entered into a
Contrail in writing to erea . a Steam Engine for
a person of the name of Edward Boyer Bull,. who
had advertised for selling cheap Bread in the City
Road, fl.r which Bull was to pay to the Defendant
15°1. whi,m the Engine was finished, Sool. when
it began to work, and zsol. at' stated times after-
wards, until the whole was paid, :which amounted
to about t took -

The Defendant took, a number,of 'articles to the
house of Bull from time to time, for the purpose of
ereaing the Engine, but as the affairs of Bull de-
clined, Mr. Watson, the Defendant, took away the
materials of which this Machine or Steam Engir;e,
was intended to be composed, and afterwards Bull
became a BankruPt. The.,obje& of this Atlion was
to compel Mr. Watson to' bring all these things
back, that they might be b\-ought to the Estate' of
the Bankrupt, for the use of h,is general Creditors.
It appeared, none of the articles thus brought to
the Bankrupt's house, and carred away again by
Mr. Watson, were fixed to the '4lwelling, or in any
degree made fixtures, and- therefoi-e,
Lord KENYON said, there wao nothing more
deal Law, than that in this Case, the Defendant
was bound to leave every
.thing that \was fixed, and
that he had a right to remove every thing that was
not a fixture ; for here nothing .could be. said to be
delivered, .because the Engine was one en\*ire thing,
and the Contractwas not performed until le whole
was made out, and therefore the.Defendani.- had
right to take any of it back, and stop it aeak,rding
to the Rules for the stoppage.of Goods ill tiYit:Sitil.,
His Lordship added; that in a case like this, he,
should be sorry to hold a Manufaaurer, endeavoitr-
ing -to save his property from the 'shipwreck 'of '0
;bankruptcy, to the most rigid Rules ;. on the con-
trary, common honesty and common 'sense proved
the propriety of construing the Rule ar„ liberally as
possible in favour of the'Defendapb Here was no-
thing fixed to the dWelling, and,7ttf TO 4'S Oleg as
the sun, that every thing which was not Led; the
Defendant had a right to remove ; fo? 'this reason,
and as there was no part of this, Engine fixed to the
dwelling, the Plaintiff was nonsuited: