The Sun.
London, England, 1831-06-18 00:00:00

COURT OF EXCHEQUER.

HAKE P. DUKE.
This was an action on the warranty of a stamp fur
120/. ',chich turned out to be bad. The plaintiff and de-
fendant are both law stationers residing in Chancery-lane.
In the beginning of the present year the defendant sent a
message to the plaintiff, stating that he had a stamp fit for
articles of clerkship to dispose of, which' he had purchased
he said from a respectable customer ; Mr. flake know
ing the respectability of the defendant, instantly
bought the stamps frost him, he being allowed a dis-
count of 10 per cent. The money was not immediately paid
but shortly afterwards 651. was given in cash, and the
defendant had goods from the plaintiff to the amount of
16/. 3s. 6d. ; shortly after the plaintiff had possession of
the stamp, a gentleman of the name of Wilton applied to
him for a stamp for articles of clerkship, wishing to article
a young man named Garrick to himself. The stamp in
question was given to hint ; the necessary articles of clerk-
ship were engrossed upon it by the plaintiff, but upon it
being presented at the office of the Master of the King's
Bench for enrolment, the clerk thinking its appearance sus-
picious, refused to enrol it, thinking it one among the many
stamps that had lately been stolen from the office. Upon ap-
' cation to the stamp office, the opinion of the master clerk
was fully proved, it being considered that the previous
writing upon the stamp had been eradicated by some che-
mical process. This being the case Mr. Wilton was under
the necessity of getting another stamp, and Mr. Duke pro-
mised to set all right and that the plaintiff should be no
loser. He, however, had only paid 12/. and refused to
pay the rest. Under such circumstances the plaintiff felt
compelled to bring the present action to recover from the
defendant the money he had paid to him for the stamp,
which was good for nothing.
Mr. CAMPBELL, with whom was Mr. TIIESSIGER,
stated the plaintiff's cise to the Jury, regretting that the
plaintiff should have been compelled to bring this action
against his neighbour, who he had no doubt, if he had
followed his own judgment, would have saved the neces-
sityof such a course being resorted to.

George H. Beckford was an apprentice to the plaintiff;
recollected his buying the stamp in question from
the defendant at a discount of ten pound per cent. Mr.
Hake stated he had purchased the stamp from a most re-
spectable customer. Jo the month of February the stamp
was detained at the Stamp.office, and the defendant called
upon Mr. Hake, regretting what had taken place. The
plaintiff and the defendant went together to Somerset-
house. They returned in about an hour, when the de-
fendant asked the sum he bad received from the plaintiff
for the stamp, and on Mr. Flake's replying 65/ , the de-
fendant said it was quite correct, and promised to send
the plaintiff the money in the coarse of the next
week, when he had to receive money. Goods had
also been supplied to the defendant by the plaintiff to the
amount of 161. 3s. 6d.

Cross-examined by Mr. ADOLPHUS-The stamp was
not in the condition now that it was when received from
Mr. Hake—the hole which was originally in it had been
mended. Knew that the Stamp-office would not allow a
farthing for a stamp if it had been used and executed.

Here it was admitted that the defendant had a cross de-
mand for upwards of 19/.
Mr. J. R. Wilton—Was an attorney; in the beginning
of the present year he was about to article a clerk to himself
of the name of Garrick, and purchased the stamp in
question for that purpose. After the articles were engrossed
lie applied to the Master of the King's Bench office,
who refused to enrol it, the clerk stating that it looked
-thy much like one of those which had been stolen from
the office about a year before. Afterwards went to the
Stamp-office, whet e Mr. Timms, the Solicitor of Stamps,
the plaintiff, defendant, and Sloman, a Sheriff's officer, of
whom Duke bought the stamp, were present. Sloman
there stated be had bought the stamp from another person
at an undue value. It was not stated that the stamp was
a bad one, but that it looked suspicious.
Cross-examined—Any person not knowing of the rob-
bery at the Master's office, might have bought the stamp
without having any suspicion of it.
Napoleon Aldridge, clerk in the Mister's Office, proved
that many robberies bad taken place there of stamps He
believed the stamp in question had been before used, and
he founded that belief on 10 years' experience in the office,
where they had from 500 to 700 articles similar to the
present annually. The paper was mutilated, and the ink
appeared to have run.
George H. Beckford recalled—Mr. Tulke himself re-
paired the hole in the stamp.
Mr. Anorruus addressed the Jury for the defendant,
contending that the transaction on the part of the de-
fendant was a fair one, and that the plaintiff was not en-
titled to recover. The Sheriff's officer Mr. Sloman, was
a highly respectable man, and tl,e plaintiff if there had
been any thing suspicious about the stamp, had had plenty
of time to ascertain whether it was a good one or not.
Instead of returning it to the Stamp Office, he had the
articles engrossed upon it. If the stamp waz an old one,
and the previous writing had been eradicated by a chemical
process, he (Mr. A.) had no doubt there were means
in chemistry to ascertain that no such means had been re-
sorted to by the plaintiff, although the stamp had been so
long in his possession.
Abraham Sloman was an officer of the Sheriff of Mid-
dlesex, and resided in Cursitor-street. Had sold the
stamp in question to the defendant for 1001., and received
two bills of exchange in payment. He had sold it as the
agent of a person named John Alves, a gentleman residing
in Duke-street, Portland-place, whom witness then had in
custody. The proceeds of the sale went in discharge
of the executions against Alves. Witness told defendant of
whom he got the stamps ; Alves had also given him
another stamp of the same description, which he handed
over to the defendant, but it was not sold.
Cross-examined—Had known Alves for many years,
and had had him in custody half a dozen times.
C.foreavr.r. was about to reply, when he was in-
terrupted by
Mr. - •
The Loan CHIEF BARON, V/110 obs;.,rved that the de-
fendant bad good reason to suppose that there was some-
thing suspicious about the stamp.
The Jury, feeling quite satisfied without any charge from
the Learned Judge, immediately returned a verdict for the
plaintiff for 631.

A subscription has been opened among our
countrymen in France for the relief of the distressed Irish.
A very respectable and numerous meeting was
held at Leeds, on Monday, to consider of means for the
relief of the distressed Irish, and, after several excellent
speeches, a number of resolutions were agreed to in fur-
therance of this humane object. A subscription was en-
tered into, and the Leeds Intelligeneer states that a col-
lection is about to be made in that town from house to house.
A. penny subscription has been commenced
here for the Irish, and we have no doubt that a consider-
able sum will be collected by this means, many of the shop-
keepers as well as librarians having consented to receive the
contributions, besides other benevolent individuals who
have undertaken to assist in collecting. A similar plan
has been very successful at Emsworth.—Brighton Gazette.
THE CROFS.—Though we have recently had
a large and seasonable supply of moisture, which will cer-
tainly be of great service, still double the quantity would
be highly beneficial to the crops. It was formerly men-
tioned that the rye grass was in seed—a light crop, and
beyond recovery. A commercial gentleman, who has just
traversed several of the northern counties, states that the
same may be said of the beans. Round Strathern, in par-
ticular, the stalks are not above nine or ten inches in
height, and are covered with a profusion of blossoms. At
this time last year the stalks were from five to seven feet in
height in the same vicinity, and not garnished with a
sing Ale
reportblossom
*--Scotsman.
has been industriously circulated for
some days, that Mr. EDWARD PROTHEROE, Member for
Bristol, has taken office (the Woods and Forests). We
have authority to state that there is not the slightest foun-
dation for the report. He has been more at the office of
the Woods and Forests lately than he wished, in conse-
quence of the unfortunate affair of the Forest of Dean.