The Sun.
London, England, 1822-01-21 00:00:00

Fontialf-OFrIcE, J. 17, 1822.

COURT OF COMMON PLEAS, JAN. 19.
' LIABILITY OF CARRIERS.
DUFF V. THE PROPRIETORS OF THE OXFORD WAGGON
Mr. Sergeant VAUGHAN stated that this was an action
brought by the plaintiffs, Messrs. Duff, Brookes, and Hodges,
who were respectable silk-manufacturers in Spitalfitelds, ag-aitst
the defendant, who was the carrier of the waggon to Oxford,
froM the Three Cups Inn, Aldersgate, for the recovery of the
value of a parcel entrusted to his care for conveyance by his
waggon, and which was never delivered, addressed to "Mr.
James Parker, High-street, Oxford." The facts of the case
were these : a stranger called upon the plaintiff's and ordered
a quantity of their goods in the name 'of Mr. J. Parker, of
High-street, Oxfora; not 'having had any previous dealings
with Mr. Parker, and the applicant being a stranger, they na-
turally required a reference, which was accordingly given to a
Mr. Holt. Upon incittiring respecting Mr. Parker, of High-
street, at this reference, they heard what every man acquainted
with Oxford knew, that there was not a more respectable trades-
' man in that city. The plaintiff's, without further application,
transmitted the goods through the wagon-office above-men-
tioned; but the real fir. Parker never received the parcel.—
The fact was, that from the beginning the transaction was a
fraud. The stranger who gave the order had no authority
from Mr. Parker to transact any business on his account, and
there was no doubt that somebody was stationed at Oxford, on
the arrival of' the parcel, to purloin it. But it was the duty of
carriers still to take care, that when a parcel specifiCally di-
rected was entrusted to them, they were not. idly and heed-
lessly to give .it up to arty person who might think it
right to call for it; because if that were to be their practice, no
person's property would be for one moment safe. It was need-
less to say, that they had not discovered the stranger who first
gave the pretended order from Mr. Parker.
The Jury found a verdict for the plaintiffs—Damages, 891.
POLICY OF INSURANCE. -
JOHNSON V. BELL.
This was an action brought to recover one thousand five loin.
dyed pounds upon a Policy of Insurance upon the ship Han-
nah, engaged in tha seal fishing on the coast of New Soutli
Shetland. It appeared that the vessel was lost in the storms
which raged on the.New.Shetland coast in. the Christmas of
1820. The question at issue rose not upon any fraud• on the
part of the plaintiff, who was the insurer, but upon his agent
not giving the underwriter a letter, Which had been received; re-
specting shipwrecks on the Boast, although the substance of the
letter seemed to have been fully communicated.
The facts were these : On the 31st March, 1821, informa-
tion was posted at Lloyd's, that the Captain Trowbridge and
Ann, of Liverpool, and a vessel bound from America to China,
had been lost in the gales between the 20th and 80th December,
1820. On the 4th of the following April, Mr. Johnson' wrote
up from Liverpool, that 'the above information (which was
stated to have been brought by the brig Eliza) must be false,
and only intended to enhance the value of his cargo ; for that
he (Mr. Johnson) raid received idlers from New South Shet-
land, dated on the 4th January, which stated that the Captain
Trowbridge was then lying safe at Anchor in Blythe Bay,
and no mention -whatever was made of the loss of the Hannah
or Ann, which names appeared to have been inistakingly con-
founded for one and the same vessel.- Mr. Johnson, in his
letter of the 4t9. April, ordered an insurance to be effected'
upon the Hannah, and' hoped the premium would not exceed
four guineas per cent. Six guineas per cent. was, however,
paid with a waryanty, that the ship was safe on the 4th Janu-
ary. But on tht, llth April a subsequent insurance was ef-
fected at ten griineas per cent. and without particular • war-
ranty, except a g eneral declaration, that the ship must have
been safe on the. 4th January, or else the letter then transmit-
ted from New South Shetland would have mentioned other-
wise; which letter, hoWever, was not put into the hands.of
the underwriter, although the general contents of.it were ac-
curately stated.. It -ultimately appeared that the vessel
.had,
in
.point of fact, been lost just on the 28th December, so that the
information originally received at Lloyd's proved correct.
The Court, in summing up the evidence, held, that aparty
applying for an insurance was bound to put the underwriter in
possession of all the information he was possessed of at the
time. It was not enough that he should gave his own honest
opinion of its effect, and not mean to withhold any particle of
it ---;he was bound to place the evidence at the disposal of the
unCle:writer, to enable him to estimate, according to his own
judgment, its influence upon the contract into which he Was
about to enter.
The Jury returned a verdict for the defendant,

The King has been pleased to appoint Henry Watkin Wil-
liams Wynn, Esq. to be his Majesty's Envoy Extraordinary
and Minister Plenipotentiary to-the Confederated States of the

Swiss Cantons.

MILITARY PROMOTIONS.
WAR OFFICE,
,JAN. 18, 1822.
• 2d R4girrient Of Dragolin Guards, Brevet Major Middleton'
from half-pay 22d Light Dragoons, to be Captain,. 13 vice R. B.
Gabriel, who exchanges.
Ist Regiment of Dragoons, Lientenatit Knatchbull, from
half-pay of the Ist Dragoon Guards, tti be Lieutenant, vice
Gunning, who exchanges.
2d Ditto, D. Hollingworth, Gent. to be Cornet, by purchase,
vice Blane, promoted.
11th regiment of Light Dragoons, Lieutenant Maxwell,
from half-pay 64th Foot, to be Lieutenant, vice Chambre, who
exchanges.
15th Ditto, Lieutenant Rose from the 20th Foot, to be Lieu»
tenant. vice Logan, who exchanges. .
llth Regiment of Foot—Captain Fitz-Clarence to be Major,
by purchase, vice Hely, who retires. To be Captains—Lieut.
Chambre, by purchase, vice Fite-Clarence; Capteßrown, from
half-pay 12th Foot, vice W. Owen, who exchanges. To be
Lienterrant—Ensign,Ea Farmer,. by purchase, vice Chambre.
To be Ensigns—Ensign W. Derinzy, froM the 89th Foot, vice
Haldenby, promoted. Gente Cadet—J. Westropp, from. the
Royal Military College, by purchase, vice Farmer, promoted.
I.sth Ditto, Gent. Cadet Denny, from the Royal Military
College' to be Ensign, by Purchase-, vice Hope, promoted in
the 92d Foot. • ..
28th Ditto, Lieut. Logan, from the 12th Light Dragoons, to
be Lieutenant, vice Rose, who exchanges.
25th Ditto, Serjeant-Major Potts, to be Quarter-Master, vice
Campbell, deceased. •
38th Ditto, Lieut. Torrens, from the 65th Foot, to be Lieut.-
Colonel, vice Hall, who exchanges.
40th Ditto,'Ensign Floyer, from half-pay of the Regiment,
to be Ensign, vice J. Newman, who exchanges.
. .41st ,Ditto, Lieut. Crawford to be/Captain, by Purchase, vice
Saunders, who' retires ; 'Ensign Warren, to be Lieutenant, by
purchase, vice Crawford.
G. R. Read, Gent.- to be Ensign, by purchase, vice Warren.
42d Ditto, Lieut. Stevenson to be Captain, by purchase,
vice M'lntosh, who retires.
• Ensign A. Wctherall, from the 69th Foot, to be Lieutenant,
•by purchase, vice Stevenson.
52d Ditto, Lieut. Idonins to be Adjutant, vice Sunderland,
who resigns the Adjutantcy only.
- 56th Regiment of Foot:. Lieut. R. Brough to be Captain, by
purchase, vice O'Hara who retires.
65th Ditto, Lieut:,-Colonel S. Hall, from the 38th Foot, to
be Lieut.-Colonel vice Torrens, who exchanges.
92d Ditto, .Ensign ilope, from the 15th Foot, to be Lieute-
nant, by purchase, vice Wilson promoted.
93d Ditto, Capt. J. Mrtinefrom the Ist. Life- Guards, to be.
Major, •• by purchase, vice Gordon, wh'o retires.
Rifle Brigade, Capt. D. Skeill, from the half-pay, to be
Captain,. vice 11. Manners, who exchanges, receiving the dif-
ference. • •
Ist Royal Veteran Battalion—Major W. Elrington, from the
late 4th Royal Veteran Battalion, to be Majon—To ,be
Ca Ins.—Brevet Major G.. Ross, from the late 7th Royal
Veteran Battalion, Capt. D. INl‘Arthur from the late 2d Royal
Veteran Battalion, Capt. A. Mitchell, from the late 7th Royal
Veteran Battalion ; Capt. Young, from the late 3d Royal
Veteran Battalion.
To be Lieutenants—Lieut. W. Dean, from the late let
Royal Veterainßattalion e Lieut. J. Fothergill, from the late
Ist Royal Veteran Battalion • Lieut. J. Woriledge, from the
late Ist Royal Veteran Battalion; Lieut. W.-Anderson, from
the late-sth Royal Veteran. Battalion ; Lieut.. Robert Hann,
from the late sth Royal Veteran, Battalion.
To be Ensign—Ensign Peter Karr, from the late 4th Royal
Veteran Battalion.
To he Adjutant and Lieutenant—Lieut And Adjutant W.
Ross, from the late 7th Royal Veteran Battalion.
2d Royal Veteran Battalion.—To be Captains—Brevet
Major W. Milne, from the late 9tlaßoyal Veteran Batt.; Cap-
tain IV. M‘Leod, from the late 6th Royal Veteran Batt. ; Capt.
Cairncross, from the late Bth Royal Veteran Batt.
To be Lieutenants--Lieut. G. Pope, frOm the late Ist Royal
Veteran Batt. ; Lieut. M. Clancy; from late 9th Royal Veteran
Batt.; Lieut. A. Ford, from the late Ist Royal Veteran .Batt. ;
Lieut. K. Crewe, from the late 4th Royal Veteran Batt.;
' Villiers, fromthe lato sth Royal Veteran. Batt. ; Lieut. Hood,
from the late 9th Royal-Veteran Batt. aLieut.' It. Trotter, from
the late 9th Royal Veteran Batt.
To be Ensign—Ensign W. Mackay, from the late 9th Royal
Veteran Battalion.
To be ,Quartnmaster—Quartermaster. H. Gallia-from the late
oth Royal Veteran Battalion.
3d Royal Veteran Battalion—Brevet Lieut.-Col. J. Fox, from
the late 10th Royal Veteran Battalion, to be Major.
To be Ca twins—Brevet Major A. Alexander, from the late
sth Royal Veteran Battalion ; Capt. W. Wilkinson, from the
late Bth Royal Veteran Batt. ; Capt. J. Thomson, from the
'late 10th 'R-0ya.,1 Veteran Batt. ; Capt. .J. Turner, limn the late
10th Royal Veteran Batt. -
To be Lieutenants—Lieutenant II . Wainwrlght, from the
late 10th Royal Veteran Batt. ; Lieut. J. Fleming, from the
late-3d Royal Veteran Batt. ; Lieut. W. Drew, Prom the late
lit Royal kreteran Batt. ; Intuit. W. D'Arcey,. from the late
Ist Royal Veteran Batt.; Lieut. W.,Collingwood, from the late
sth Royal Veteran Baran Lieut. E. Guest, from the late 2d
Royal Veteran Batt.; Lieut. C. Collins, from the late Bth Royal
• Veteran llatt.
To be Ensigns—Erect ern 'W. Chambers, 'from the late 3d
Royal Veteran'. Batt.; Ensign E. Catmron, f:cm' the late 3d
Royal Veteran Batt.; Ensign G. Layiield, from the late 9th
Royal Veteian Batt.; Ensign C. from the late kb
Royal Veteran Battalion ; Ensign G. Prittie, from the late 9th
Royal - Veteran Battalion. To be . Quartermaster—Quarter- .
tnanter W. Yeller], from the Late Bth Royal Veteran Battalion.
• 131SEvElee-Lieut-Gen. Hon. Sir E. Beget, 0.C.8. to have
the local rank of General in the East Indies only, Captain
Davison, Aide-de-earnp. to his Royal Highness • the Duke of
Cambridge, to be Major in the army. •
Commissions
.signed by the Lord Lieutenant of the County
)Palatine of Lancaster.
To he Debut,Lientenants—W. Fielden, Esq. ; G. IValines-
ley, Esq. a P. Aiusworth, Esq. ; T. M. Steel, Esq. ; P. Her-
oek.a, Esq.
Commission' in the East Kent Regiment of Militia, signed by
the Lord Lieutenant of the County of Kent.
Adjutant Ta Miller to be. Captain, by brevet.

BANKRUPTCY ENLARGED. . •
J. Litchfield, C'ambridg'e, gardener, fronfJan. 19 to Manh •
9, at eleven, 'at the Bopp 'Tavern, Cambridge.
BAN KRU PTC Y SUPERSEDED.
W. Coupe:. Liverpool, draper.
• • , BANKRUPTS.
• J. Washburn, Great Marlow, Buckinghamshire,nufacturer, t. surrender Jan. 24, at eleven,•Fcb. 2, and AI arch
2, at ten, at the Court of Commissioners. Attorney, Mr. Tho-
vias, Bouverie-street; Fleet-street: •
J. Richards, Exeter, .cabinet-maher, Feb. 6,7, and March 2,
at eleven, at the Globe Tavern, Exeter. Attornies, Messrs.
Parke and Church, Red Lion-square, London ;, and Mr. Tel-
•rell, Exeter.
T. Woodward, Bridgwater, Somersetshire, druist, Feb. 4,v
li, and March 2,. at eleven, at the Office of E. svim7s, Brils-
- • Attornies, Messrs. Lowe and Bower,'Southanipton-
buildinp.; and Mr. E. Symes, Bridgwater.
J.• King, Great Yeldham, Essex, linen-draper.. Jar .
9,, and March 2, at one, at the Court • •of Coni:Listimers