The Sun.
London, England, 1822-03-08 00:00:00

LAW. INTELLIGENCE.

COURT OF CHANCERY, MARCH 7.
The LORD CHANCELLOR this morning delivered his judg,
went in the matter of Howard and Gibbs, bankrupts. His
Lordship declared that the present choice of assignees could
not stand, and that there must be a new election,lthereby con-
firming the judgment of his Honour the Vice-Chancellor.

COURT OF COMMON PLEAS, MARCH 7.
LIBEL.
DE BASTOS AND DE SILVAS V. ITOOFSTETTER.
This was an action brought by the plaintiffs to recover da_
wages for a libel, affecting their character as wine-merchants.
Sergeant LENS stated the case. The plaintiffs, he said,
were respectable Portuguese merchants in the city, and the
defendant had beeu for some time in their employment, as a
traveller, to take orders in various parts of the country. He
some time since entered into the service of another house,
and for the purpose of procuring the customers of the plain-
tiffs to deal with his new employers, wrote a circular, con-
taining a libel of a very treacherous and malignant nature,
It Was as follows :

London, 20th August, 1821.
DEAR beg leave to inform you, that in consequence
of the repeated dishonourable and disrespectful conduct on
the part of the Portuguese clerk, (who acts in this city for
Messrs. de Bastos and Co., who reside in Lisbon), and the in-
different qualities of their wiues, by which I am continually
perplexed, I have determined to separate myself from such
an improper connexion, and have joined one of the oldest
and most respectable and independent houses in Oporto, and
in this city (not Portuguese), on whose honour and probity I
can place the fullest reliance, to execute of the best quality
of wines, the orders with which I may have the pleasure to
he favoured by you on my next journey; for which purpose I
shall leave home in a few days, and do myself the honour to
wait upon you to crave your kind commands.
As a very unhandsome occurrence has taken place at Bris-
lel, with one of my oldest friends (Mr. William Cross) and
Bastos, by which he is likely to suffer a severe loss, I have to
request of you not to accept any bills, drawn by Bastos and
Co., or by Richard Lambert and Son, of Bristol, for the wines-
which were lately landed at Plymouth, until I have \the plea-
sure to you, or you are perfectly convinced that`the qua-
lity is such as will indemnify you for your acceptance.
I remain respectfully, dear Sir,
Your obedient, faithful, humble servant,
To Richard Nicholson, Esq. PIymouthALEXANDER HoOFSTETTER..
George Masters, ,clerk to the plaintiffs, who have an esia-
hlishinent in the city, and at Lisbon and Oporto, proved the
writing of the defendant at the bottom of the circular. De-
fendant was discharged from the service of Messrs. De Bas-
tos on the 28th of May last.
Mr. R. Nicholson, a wine merchant, stated, that he had re-
ceived the circular, given in evidence, by the post.
Mr. Kennaway, a wine merchant, resident at Exeter, de-
posed that he hail received one of the cireulars.
Mr. Harry, a wine merchant, residing at Newport, in Mon-
mouthshire, and Mr. Fowler, a wine merchant, stated, that
circulars, like that which had been read, had -been received
by them.

'No defence was set up on the part of the defendant.
The Cur Er-JUSTICE said, that he hardly knew what to state
to the Jury in this case, where no one was called to prove the
condition of the defendant, and no defence offered. The li-
bel was certainly of a deep character ; but it was for them to
say what damages could be given in the dark against a man
who perhaps was no higher than a clerk.
Mr. Fowler was called up again by the Jury, who asked,
whether he had abstained from dealing with the plaintiffs in
consequence of receiving the circular ?
Mr. Fowler said he had discontinued dealing with the plain-
tiffs, but it was in consequence of receiving bad wines, and on
account of other circumstances totally independent of the cir.
cular.
Verdict for the plaintiffs—Damages 40s.