The Sun.
London, England, 1809-07-11 00:00:00

assigtieh of Mr. 'Barclay, the patentee of Baslayli
Antibilious Pills, bad -entered: into- an agreement
with- Detßndant, by which be was" bonnd to take
60,000 boxes per 'annum, at"4.s• Tht'r'bOX, in
consideration oe betriming:the 4ti'tr cf this
patent medicine, and had taken the 'biiiisn* queStion
in part payment.: •
For ihe Defendant, an attempt was Made to
shew that no valuable consideralion had' been given -;
but failing in this point, a verdi& was given for
Plaintiff_to-the amount of the bills.

USURY.,

~;

PRALBERNION V. itAFtltLb."

This aotion was 6rOught 'Upon ',two'tiilis of of=
jcchanve, one for fool. and anOthee for 17.51. against
the Defendant, as'aceeptoi.
For the Defendant it was proved, 'that These bills
we. e drawn-by a person or the name of Slide, and
were accept'ecr-by Defendant as a niatter of accom-
me)clation; without -any value received," and that
they had been cashed at an usurious rate, which vi-
tiated the agreement. For the bill of •epol.:r.
Slade, since becorue.a bankrupt, had received t h5l.
Bs. in money, and fur die remainder had received
Flames. of small valtie, to Colour" the illegatityor
usury. For the bill of 1751. he had received 1601.
in cash, and a Pousthi, valuki at lal. or 1 fi. by the
Plaintiff, but which .in reality'was known not -to be
, a Pottssin by the parties, and was
.afterwards sold
tor .21. though it might be worth 51.
• tinder these. circumstances the Plaintiff was non-
suited.

BREACH OF CONTRACT.
SHVTTLEWORTH V. GOLDIE.

GARRQW stated, that,the parties in this
tion were originally partners in Liverpool, as sur;
geons and apothecaries, and prOising - man-mid-
wifery. The Defendant being desirous to withdraw
from business,. had entered into an agreement .with
the. Plaintiff, who was to pay hitn 3001. per annum,
in consideration °tins's° wnhdrawing biaiself, for a
limited time ; the Defendant, however, in breach of
his agreement; had continued to practice; and .the
piesent action was instituted for a compensation in
datnages.
•
Three gentlemen, residents, of Liverpool, were
then ealled,'who deposed to Defendant having offi-
ciated as man-mid-wife to the accouchenzent of their
wives, for which he was paid ;yand one )t !hem
alleged that, in its Christmas bill, i'cliarge had been
made for`attendatice -upon his- soil, who had been
.blistered by the. Defendant. A Mrs. Jackson, .a
black Idotnan;also deposedto Defendant's attendilig:
upon the facility in-which.sbe resided, but that .he
furnished no medicines—he wrote prescriptioos!br
atedicinei, which-She 'believed *ere SUbsequenily,
made np at the shOP of the Mai, tiff: •-- e'.-
'the ATTCiRNfri-GENERAL, for the Defendant,
contended, that this -aetici was one_ of •a•mast in--
famous nature, not_brought for the purpose or pis-.
tice,''but 1n revenge, because Mr'. Goldie had ori-
gina;ly sued Mr: ShUttlel.vorth for the non-payment
of the 3061. a-year. He might have tried the cause
at Lilverool; hut vc-ould not,• for he ..wished toTin-
creilse'the; expellee of the suit, and save his dia=
raek rib haOngit‘tried: here. TEe Learned Coun-
sel then coluellded, that this was no breach, of con.-
rra,Et; the original agreement • being,--that 'am D--
-Pendant' should no longer' praiitiE6 as apothecary pr
'S'urgeon, and the evidence preyed that he had aced
only as man;midwile;- and if :that •Ceuld:beleinsi.-:
ciered a bread-, where he had only follovie'd.ille dtc.
tateS'of hurnanitf, in acceding to the wishes.bf-p*AlZ-
ticular friends; tic was convinced the dattlagescb&
be only nominal.. • • • • •.•
LOl'd El. L EN'BoßoirGir,Sii& it was flit. the nrito
determine, first, whether it was- d trial of skit, or a
trial of humanity ? Slid, next, vehether' the prO;
tension of man-midwifery could haVe been considered
in the. vri,,,,irtal agreement, as Corning Within, the
meaning of. the' calling of a surgeOn
ear), ? *The case wai howeverdifidrent, as fat as vas
conne6tecl with, administeritiglitie 611sier,whicli cattle,
clearly within the -meaning of the original contract.
It Was not atase, under' 'all the circumstances, for
excessive damages ; and they would award accord-
int! tattle best of their judgments.

The hiry retired; and after ab;ut one Hour's con-
sideratiohi rt-turned'a verdia for thellainilll—.=-Da-
wagei, Oue Farthing.

' ,'COURT OF,tHAIVCERY, inLy S,

c,OSTS.

• EX-PAIITE 11,ARR/5.-
. Mr. HAIiT dated, that this was an application for
costs by Mrs, Harris, who liAd been at a consitlerable
, expence in a;suit respeCtibg the- estates of ,hec-son.
• This son, his Lordship would remember,-was an in-'
(ant of considerable landed property, of; the prOduce
of which a Mr. Tretnanyer, had been appointed
ceiver. This 'Receiver hacfbeed-dismissed by an
Order-Of last tertn, for rniitnitiagement' of the pro,
party, and ordered- to pay the costs of the pro-
, ceedings against him. Having id- his answer cast
some- refleetions on- Mrs,:'Harris,- she had. tied af-
fidavits and been at a great deal of expence to clear
herself. The Officer Court; however, did not
conceive that he viai'irdthdrized to alloW' her costs;
i and-thus an application to hi' Lottlship'had become
necessary.
• Mr.ltcHAans,- on the part of Mr. Trethanyer, op-
; po4ed this motion. Mrs.Harri4 was, prop.,;rly speAking,
no ,party in•the cause. Mr. Hart had the pleasure of
being heard in her favour, and his client had no"ob-
! jethon ; hut the expence must be her own;
Mr. 11-Alu-said that the condb6l`: of the befend•
ant' had.made it necessary for' Mrs-.-tfarris to come
forward, and' therefore he. had•preiented himself gra-
. tuitously in hero your.
Mr. 111"CrtitatISN'o; not gratuitously.'
Mr. Thay—LNot gratuitously in one sense; 110
he had presented llitifielf on het account, though she
was not necessarily a party in the Cause; because she
had a right to answer the refle&tions casfilpon her'. '•
14010CHANCELL0i-.41 her, expences had been
necessarily oontretletl with tfre-ground of complaint,
her costs might have been alloWed, as the next of kin
to the infant,--but that is not the case, and her costs
cannot be allowed.

Mr.-IticttAttbs—Your. Lordship will give us the
expence of appearing to 'this motion:
LORD CHANCELLOR—NO ; you must le content
with the glory of your viaory.