The Sun.
London, England, 1807-11-11 00:00:00

DONOVAN V. DUFF:

The Plaintiff' is aSsignee to Kennet, un-der the
last Insolvent Ad ; and the Defendant was assignee
tto the same person, under a Commission of Bank-
This Mien was brought in order to reco-
ver 'fi'oni the Defendant various suius it money
which he had received in his official capacity. The
inede.by which, this was attempted, yeas by proving
a fornier ad of Bankruptcy, 3nd a valid petitioning
,Crt;ditor's debt, in order to set. aside the CominiS7
sion under which the refendant was appointed.
Mr. MAitavAT., foe,
.the Plaintiff; argued iti 111-
your of a new trial, thaLsupposing the Commission
were set aside, thoPlAintiff. Donovan would be en-
titled to retain tho sum of mono),
,the Delentlant
had received under a Commission,' Which wa.
; and contended, that although Kennet had not
objedeci to the gankruptcy under which Duff aced
,ticassignee, yet that he,was still at liberty to render
it nugatory.. . • , • - •
'Mr. Justice LAVVRENCE:;,-.", This doctrine would
:ttdhle 3 Bankrupt to invalidate any Commission. it
.would be putting an assignee in tmireadful situatiOn,
if he were to he turned round in. this way by the
Bankrupt undertaking to prove some secret aet of 1
bankruptcy, and latent- petitioning creditor's debt.
,It would be a new thing if th.l.inan,, who 10 a 164
time acquiesced in his Commission, were to set: it
aside at aUy future 'period."
Lord LELENI39IIOVGIi...-.lt .is strongly impresF,cd
Upon my memory that it was, laid down by, Lord
Longhborough,, that a Bankrupt mho submitted'.
cpuld not come again, after a lapse of two or three'
yews, to defeat that very ,CornMiision„. ,You had
better get a new Commission front the Great Seal,
and obtain a Certincate.

Mr. Justice LAWRENCE.- -.'• If this were the the,
It would be a recipe to Bankrupts to get certificates,
where a man, by proVi rig a prior att of bankruptcy,
ou)d obtain a certificate which former Assignees
'denied."—ltqle refused.

COURT OF COMMON PLEAS, Nov. to.

GMLET 91. MAWM4N. ' , •
Mr. Serjeant VAUGHAN. moved tbr a new trial in
this case, and that the Judgment should be entered
for the whole sum found by the Jury. It was an
anion brought by the Plaintiff, a Printer, whose
premises were ,last year consumed by fire, against
the Defendant, an eminent Bookseller, for the ex-
pence of printing, together with other works, a large
edition of the " Travels of Anacharsis the Younger,"
which was almost entirely consumed in the: fire,
The deMand of the. Plaintiff was admitted to be in
itself fair and reasonable ; but the Defendant ak'
'edged against it, that paper to a considerable
nt, furnished by him for the work, had been
destroy, d by the negligence of the Plaintiff in not
insuring it, and that the expence of the printing
ought not to be paid by him, as the work had ne-

ver been delivered., Tie Jury, 'upon the trial, found
a .verdia'-`for 'lie A4.,hOiVde'hiaotly'lltVt3ll7.•'exii4t the
value of the paper; artd-itte absolute cxpence of the
nrintink.,-1 This .o*peptl64l .F*l.4iPttec4iiircoNn4o4l,l4-0
1451. I 05,t_IT,be Learned !•Serjekti,444Altt part of
the Plaintiff, o'oie4Cil
conceived tlir; ri.!;,ht in law hi iniike
the it,,Qount or. theiwper destroyed,
Dltgb I "itps-hd been 4lµistitbjea .01 .a n othei, a6Olon.
This was a point; however, ,o•hicli 4,,,,ul4j;pcitofi4
wittl hi in: As ,t:c
.tlle pc .r nt.pri4,47,/ be
AA coil liaerable wlot2qpr ha„k„airig.4t.tgy
make that exveption. There had im,i),eglit-
gencein Mr. Gillet ; bad, bee,n bi;,the
sheet,,,and.lllr., IN/lawman P'-111' i4VII9i;II•4P
sheets sooner. Tht,r4
hying till the entire work wit ii t iw,l, ikor
Conceived, illit„bythe., ctistoin. tra(.l4,Mr..
Millet. was •entitied to be Paid ion hit kibopr, in exe-
cuting his cuntraa, -although itierg„l
lust in:the 'flainesH.Conceivitig the
trader
,to be tL4u thouglitjthe ()at
respeft was against the law. . ' r
The LAIRD' CHIEF? JUSTIN!: OeFore whgtp;;,the
cause was tried) said, he. had the finipst Persta,ion
that what he told the Jury ,was,-that when the Mat-
ter was lost, non which the Waft had beck).
the general rule of Law was, that the work corfld
not be char 0,1 for but if there, was, any, pavicplar
custom, in,,ihistrade to the, contrary,
,they -should
find so;
Mr. Serjeant NrAtiotrAN did tloboptAFeive that
his Lindship hadp,:tt it. to the Juty i$ tat manner,
but that he had merely laid down, eneral rule
or iaw, and that the Jury hail -found under that di-
rection,. without alludin.g to the Partictilarcustom ut
the trade.
The CHIEF JUSTICE said, tltht'fbni Whai''he re-
collkkfed of the evidenee, it was nearly all of one
side, and he, thought up unprejudiced Jury could,
upon that evi4ence,aviiid tit ding iia they had done •
with respect to the expence.of printing. he Wished,
however, to look again at his notes cif the trial.
Rule teshei,i; Leattse granted.
Ahom one 015 lock the Court broke up, and the
Loetv'CHlLl
.J9STICE S/IL to bear Nisi Prius causes.

TIIONIt.i V. BiIOWNT AND OTIIERS.

This was an aetion for trespass, aturthe ~deClar t-
tion went upon 'two counts.' . The first was, for
breaking open'. and forcibly entering 'certain :pre-
mises, 'which the Plaintiff held by denike from the
Ms. febdauti and the secOnd,, for breakin:; open' the
plalvtiff 's!dwelling- house, at. lileworthr,-'-and
log a -riot and distuibince there 'for t'Aelvz hourS'.
It appeared however, iti evidence, that as to the
,
premises Vt/hiff4 the, 'Plaintiff alleged to hold by . •
miser he had'omy got nub them as a purcha:,o';'-h'at
that ht conipletad his purchase; so that in
fad the premises belonged to the Defendinit.-
the bfcaking into the dwelling-house, it ;Ippear;:il
from all the Witnesse4;- t hat the Defendant, in Com.-
piny with •floweothet persons,- rapped at the door,
as he Wanted to'speak to the Plaintiff. The Plain=
'tiff's, Wife opened the door, and at the threshold
some high Words, at, as one of the Witr4scis
called it, some very rugged larignige, took
The rapping. at the door; and this very • iiikged lan-
guage, appeared to be the whole of the trespass and
riot complained of. The Plaintiff was" therefore
nen-suited. '

WOOD. V. PAStKER. ' •
The I laintlit brought this aCtion to recover freight
for goods shipped for Buenos Ayres, which did
not sail, in censegnehee Of the re-capture a that
Settlement by the Spaniards. At. the tri..l the Jury
fOund a verdict for the Plaintiff, on the g'niiiind that
it was customary to pay freight in: the Wi!it India
trade under similar eircumstances..°'.Thig ikiy Mr.
Serjeant BEST moved the °Cottrt to set aside the
verdict; but Sir JAMESIVIANSPIEL.Dbeinc,:,, et opinion
the Plaintiff' was entitled to freight, t 1.1,1 that the
4ferdia ought not to bedisturbed,Ahti Leurned Ser-
jeant took nothing by his °Motion;
coaroaATioN OF TEWKE3eIJItY P. BRICKNFiLL.
4N-4r. Serjtont WILLIAMS MOCCiti the Court to set
aside the nonsnit iu this eases It was an action ter
bringing corn ii)to the market at Te,wkeshury, witb•
out being tree so to do ; at the trial an obje6tiou was
taken to the Plaintiff's declaration, .and . a nothuit
was.entered,. It, w.i now contended that the ob•
•jeaiou At.the trial did not aired the merits of the
case. ThesCourt granted a rule to show cause'..

The Pytchley Hunt Meeting commenced on Mon.;
day, November the 2d, and- was very'numeroOsly
'attended. • .

curious hopping match (against time) took
placo on:rtiumlay the. sth, on Finchley Common.
A-7A Gentleman of tperting celebrity undertook to
h(ip halt' a mile in, twelve minutes, one the right
leg, without touching the ground with the left foot ;
which he,lost by a minute, to the no small .disap-
poi tauten; :of a, littrwrcitis calleai6n. of knowing
onc.,, who had assembled to Avitness this novel per 7
formance. .

A new and extraordinary instance of the Hydro-
phobia has occurred within, these few days, in the
east' of the sotto! a'resputStable tradesman in Piccadilly. 1
suddenly taken' ill With extraordinaty spasms,
Dr, MOSELEY, a Physician to Chelsea Hospital, was
called in:
,Irnding that the poor boy had great diffi-
culty in swallowing any thing in a liquid state, and
that great spasmodic all'effion was created wNiiiever
any liquid was otrered to him, the Doctor in red
of his Mother whether she recolleEted his havitig"te,-
'ceived any bite from a dog ? who answered, with' ,
much natural alarm, that in July last he had been
bitten in endeavouring to part'tWO dogs that were,
-fighting. ' Convinced that this, was the cause of the
malady, the. Dater tried several experiments, 1)),
endeavouring, to prevail upon him to take
li-
quids, but neier succeeded in getting down more
than a tea spoonful), and that with the utmost re-
pugnance oh the part of his patient, amounting
nearly to suti,catiort;4succeeded by great trembling:4,
and wild staring of the-eyes; and on stirring a basun
of water' before him the agitations became more
vtolent.' These experiments were Mal: on •Miinday
last, to which time the boy had eaten, and gone as
usual ahem ltiy business, discovering no symptinns
of madness or deprivation of intellca whatever.
He took the medicines that were pr6cribed for him
in pills without any, ditiiculty, but Dr: MOVLY too
truly declared that no medicine could save or relieve
him, for the poor boy died before eleven o'clock on
tsionday night last.'