The Sun.
London, England, 1822-04-18 00:00:00

LAW INTELLIGENCE.

COURT .OF KING'S BENCH, APRIL 17.
FREEMAN AND CHASE V. THE EAST INDIA COMPANY
This was an action brought by the plaintiffs, who were the
owners of 42 chests of indigo, shippedon board the Cerberus,
by Messrs. 3lackintyre; of Calcutta, and the freight paid home-
wards. It appeared that the Cerberus sustained some injury
on her voyage, and put into the Cape of Good Hope, where she
was lost upon the breakers, and where the indigo was landed
and sold by direction of the Captain. The prmie cost was
between 3,t)001. and 4,0001.; the indigo was sold at the Cape"
for about 2,0001., and re-shipped subsequently by the pur-
chasers to England; and sold at the East India Company's sales
for 5,5001. It, was contended that the indigo being landed
without sustaining any injury whatev'er at the Cape, and not
being perishable in its nature, the property of the original
owners could not be transferred from them without their consent
by either captain or agent ; and as the indigo brought at the
Last India Company's sales die highest price, it was clear it
was in the best condition,; and therefore the defendants had no
right to retain the proceeds of the indigo, not having legally ac-
quired any property therein.
The sound state of tke indigo, and high price 'for which it
Was sold at the East India Company's sales, were proved in
evidence.
The Captain of the Cerberus (Reynoldson) proved the loss of
the ship and preservation of part of the cargo, which was gene-
rally damaged, and the salvage amounted to 3,5001.
In his cross-examination, the captiin said that in selling the.
part of the cargo which was saved (and of which the indigo in ques.
tion was only a part) he had acted under the advice of several
merchants at the Cape ; he had no "filnds of his own to pay the
salvage, except by selling apart of the cargo.' He was induced
to sell the part of -the cargo which was landed, upon his best
judgment for all the parties concerned. Several of the chests
of . indigo were wet while in the ship, and received additional
spray from the surf as the boats brought them a• distance of
seven miles ashore. The chests were not opened for examina-
tion ; had they been opened and the indigo taken out at the
Cape, it could not have been re-packed tkere.
Re-examined.—The net proceeds_ of .tha cargo at the Cape
-
were 15,0001.
The So LI-c IT 0 IL-GENE nAL c' for the defendants, contended
that the captain, having acted. bma fde in the case, was justified
in selling the cargo to pay the charges of salvage, &c. It was
unfair to restrict the inquiry to the state of these particular
chests of indigo ; the general appearance of the cargo was that
of injury, which exposed it to the.riskof perishing, and in such
a case Sir William Scott had held, in the inquiry respecting the
ship Gratitude, that the captain, When acting, clearly under the
best judgment at the momeht, was entitled to sell, and the pur-
chasers, of course, must be Indemnified. ' •
The Loan CHIEF JUSTICE said, that if this sale could,
under all the circumstances, be held `as valid, a great blow
would be struck at the commercial interests of the country.
The vessel being here totally wrecked, there was nf,,analogy
between this case and that of a paptain who could sell to meet
the expenses of completing his voyage. " HOW, then, ' could the
captain sell (always excepting' perishable commodities) without
a new authority from the owners ? It was quite clear the cargo
could have been sent to England, subject to the salvor's re-
taining his lien for salvage. No fraud whatever was imputable
to the captain—he acted; perhaps, under the best impression of
the moment ; but he could not convey a right to others which
he did not possess himself.
Verdict for the plaintiff—Damages 5,0001., costs 40s. -
THE ASSIGNEES OF JOHN MABERLY V. THE EARL OF

STAIR.
This was an action to recover 8001.,' amount of two bills of
exchange, one for 5001., and the other for 3001., drawn by A.
111•Grath on J. W. H. Dalrymple Esq. (now Earl of Stair),
dated at Brussels in May, 1816, and accepted; payable at
Coutts and Co.
The bankrupt, Maberly, was a coachmaker, and it was for
carriages and some cash advanced that the bills in question
were given. The acceptance and the bankruptcy of Maberly
were proved. The deface was usury, and also that the bills,
though purporting to be drawn at Brussels, were actually drawn
in England.
From the evidence of the drawer, it was rather uncertain at
what place the bills were drawn. He stated; that one Tomkins
negociated with Maberly, and the carriages were afterwards
sold at Tattersalls. In two bills of 5001. each (one of which was
the subject of the present action), including the produce of the.
sale of the carriages, he received about 5001. in cash. The bill
for 3001. was lodged with Maberly, as collateral security for any
balance which the witness might be indebted to him.
The CHIEF JUSTICE observed, that there was nothing to
touch the bill of 3001. in the evidence which had been offered.
The Jury, under his Lordship's direction, found a verdict
for the plaintiffs for 3821., being the amount of the 3001. bill
and interest.
Mr. GURNEY and Mr. TINDALE were for the plaintiffs.—
The defence was conducted by Mr. SCARLETT and Mr. F.
POLLOCK.

TIIE KING V. EVANS AND CONDER.
This was an indictment charging the defendants, who are
grocers and tea-dealers, with perjury, committed in their an-
swer to a bill filed in the Court of Exchequer, to restrain the
execution of process issuing from the Common Pleas. In con-
sequuence of informality in the pleadings, the indictment was
quashed.