The Sun.
London, England, 1807-06-20 00:00:00

ROSE 11. POIDVINE.

This was an aaion for an assault and false .im-
pri,onm--mt. The Plaintiff was a young man, a
Clerk to 'a Mr. Stem .':gin, an Attoriker, and the
Di2tend4nt a ta:lor, il...l,l,,rtiluer-streer, Cavendish-
stp.Ltre. A Lady: of the n:ill3.tt of owed some
money to the D.:,,t2:l6ant, and'being in embarrassed
ciwyt silo. employed this young -attorney
to t,) pievail upon her creditor to indulge
her, by 10,,,, ring hi, deinand, and put 'an end to a
dispute between'ttiem In coMpli-
ance with this duty .to his lairoliebf, Mr. Rose
proceeded to the house 'of the Defendant, on the
evening of the gth of March last, :accompanied by'a
Gentleman of the name of HUM phrles, an au&ioneer;
and-upon represent :the Lady's incapicity,to pay,
and stating thlit, under all existing circumstances,
I e thought Ile (Mr. Poidyine) should not be so hard,
some high words ensued, the tailor.grew very cho-
leric, and proceeded to collar Mr.-Rose, and tbptit
him nut -of his h-use.

Mr. Humphries, the person -who hadaccompanied
Rose, stated, that he was 'within hearing.of the par-
ties during their .whale conversation, and that the
Plaintiff never gave ahyprovocafion to occasion.this
outrage that Mr. PoidVine, uot, satisfied with having
turned them both out of his -house, came out, when
they were standing on the pavement, and-gave Rose
in charge to a Watchman, .who carried Nat to the
Watch4ionse; but the Constable of the night, per-
ceiving.no Cause forsubh itnprisonment„-released the
Plaintiff, atter• lia!f an hour's irpiestigation.
- The Constable and Watchttu -corroborated this .
testimony but four other Witnesses coincided in
dv.posing, , that various provoking-expressions passed
on the part of the Plaintiff, at -the time .of the as.
sauit, •such as calling the Defendant, in the pre-
sence of his wife and; family, " a• scaly humbug,
who had bilked the,Lady, and was afterwards suing.
her fur a debt." When the-Defendant endeatoured
to put him out, .ftose said, " What, shall I -be
turned out by a snip-- the ninth:part of a-man !"--
And, on their way to-the waichhonse,lie threaten.'
ed to give the. tailor .a beating. - On being tidied to
give his address, be gave the card of Mr. Steventen,
his mahler, and' afterwards stated to a-witness,- that
the taiioi would be bringing an action againSt-Sfe-71
;venieu, which ' would , subject. Poidvine to 801..
damages, Under ' these. circthnstanees, 'Duty
found a Verdict for the Defendant.'

JUNL 19.

rfIOVIPSON V. l'Alli3}l.

Ths was-:an action Upon 'a i!olicy of Idsurance
upon goods si;ipped by Messrs. Thosrapson.ind Co.
.
wine-merchants, i ~Oporto, on board 'of ttre Admi-
ral N..'hon; irotirrhat port to LoUdon.

cauge was ham and.a.verd 'given

iu
favour of the Plaintiff, again4t the.l.lo4trwriters ;
but as it was one which .wasltikely to atied a great
many Policies upon the sinie Ship, and was there-
fore of considerable importance to the 7variausj-Jn-
derwriters concerned, a new trial was obtained, upon
the . footing -I hat additiodal evidence could he procur,
ed 'by e%ainination of the seamen abroad. The .ac-
tion • was only for the suM'of pd. Some. of the
Underwriters being convinced that no imprOpriety
of conduct had . existed on the part. rf the Captain
and Qwners, had acquiesced, in the ju5t,..7e of the
claims brought Ag!inst them. Others; however;al,ledged, that,the,ship was not sea-worthy when she
set .sail, she having sprung aleak .Soonshe .11:1,I
gone out of port, in the year 180.3, under the
convoy of L'Aigle Frigate. •
A great: part of this day was occupied- in reading
to the Jury the depositions of foreign sailors, car-
penters, and caulkers, relative; to the siate of the
vessel at the time of ;. after hearing which,
and the examination- of several witnesses,,relative t 6
ihe mailageMent of thevessel-at the-time of the fatal
accident, by which she went to the bottom, the Jury
returned a Verdi et for the Plaintitt •

JACOBS V. SAUNDERS.

The Plaintiff,was a dealer.in dried salmon, and the
--Defendants were.. fishmongers., The a&ion . was
brought to recover 301. aid in part for a quantity of,
fish,
.bOught from the Defendants, Who had.not
livered the,goodS, and thought thernselVes Warrant-
ed in withholding themlinder.the-tollowingcircum
stances
The:Plaintiff, who lived in Petticoat-lane, White-
chapel, in February, last purchased'a, quantity of sal -
Mon, anergaVe in part payment •a:3ol.Barl Note,'
which, upon Messrs Saonder's sendibg to the Bank
was stopped by'orders of a Mr. Ware, A-Gentleman
who :had his poeket picked in the July preCeding,
while standing at a pkture-shop in.Cockspur-street.
VpOn this ground the Defendants refused to send the
goods bought, alledging that the.Plaitrtitf hadriot
cOrile honetly by the Bank NOte sO tendered,
.and
referred • him to the Bank where the Note was de-
tained.

Iri suppot't of the Plaintiff's plea, 'that he'had re-
ceived the note, bona fide, and granted a viliwbie
corisideratickt for:it, a Witness, of the naine, of
Co‘i,an, was called, fiorn whOse restiniony it in-,
peered, that, in the Said month-of February, she
' happened to be 'in -the shop of Mr. Jacobs, :when a
person, whom she denominated a I:entle'Man, dressed
in 'black, tOtally Unknown either to her or Mrs.' fa-
cobs, who was the.only person thou nttending to. the
bitsioess (her hahand; the'Plaintiff, being' eMployed.
abroad, with 'a ];Timis, a tOb came aCt'onisi), cae into
the shop, and purchased dried saltilaiWirnoiliaing to.
51. :9.5. 6d. and at' 'paying, said he haif nothing lesS,
than a thirty and a fifty -pound Bank of'.E, nglaud
. Note: Mrs. Jacobs took the thiriy-patind note, and .
sent a persOn with. it, to inquire if her husband,
thought it was a proper one'? He 'not being at'
home, Mr.,Harris gave his opinion that it was good,*
and, consequently, she (Mrs:Jacobs) gave bercts-'
tomer the change.
• This was:the principal witness in
.support, of the
bona fide receiving of the note by the Plaintiff; but'
her testimony -was not much corroborate& by the
others examined= ; . which circumstance, joined with
the, known reputation which Petticoat-lane has.ac-'
(*red, along with ,certain other:lanes in Smithfield'.
and St. Giles's,for being the receptacles of stolen-
goods,induced the Jury to return :a verdiain favour
of the Defendant.

. This deeision,however, does not prevent the Plain- .!
tiff from having recourse acraiiist.,the Bank, fthm
which.he may have redress, provided he can prove
more clearly his having given a valuable considera-
tion for it, and shew that the nore in Tiestion .was
received, tonic fide, without any knowledge of its
• having been stolen.

BEFORE ;HIS HONOUR TRE MASTER OF THE
ROLLS.

HUDKIN.-74., HUGHES.
This was a Bill filed against the Assignees of the
:Defendant, an Insolvent Debtor, who, in '189.L,. had
taken the benefit of the'A'et then passed for the're7
lief:of:debtors, tespea-ing the liberty of their' per-
'sons. It happened that the-Defendant had a bro-
,ther then living in 'lreland, who since-clied,- 'leaving '•
,considerable property to the'Delendant 'by .his will.
'The question for the Court was, whether the future'
effects of the-liiiolvent. Were • liable to theClaiins
his creditors Under that A& ? It appears, thatthe
:..3d.SeCtion of that Atq did not extend to:future.'ap-
quire(' 'property, unless it could be Made's° as'to;ex-.
tend to such. future acquired prOPerty by reference
to previous, Aas of Iniolveney ;• this -AA having
beti'curiottily Worded; as his HotioUr obs4ved,,and
-beingartalagous to the Lords' ALI only,- aitlrotth
in-,6,-eneral such Acts had made mention 'of future
property: • •
.It was -Contended, on one side'; • that-- this was a
case like.that decided bY tord-Hardwicke, in w hell
he held, .that the Creditors. of a Bafitrupt, tin er
his first Bankrtiptcy,. should- not be achnitted
claim their debt'sunder .second actOf-Bank:
rupicy, which •.took place eighteen Sears ifter
first BankruptcY, the grOuti'd that OF Assigfides"
had suffered the nanktupt so long to-trade;
.and to.
,acquire a fortune: ' .
On the other .hand,• it was 'argued, 'Oaf
,no
ladies existedjn•this- *case, 'as the iniavent Was in
prison.in Lond:o.ri;ln 1801,
.and had-onlylinee..that'
period acquired 'a property.l:-.iy the death of a re-
.
lative.

The Creditors are anxious, to .be let into an lc-
c()unt of the property latOy acquired, and to y Paid
their. demands; but 'the-Ad of :Parliament being in
that reip.Odetedive, a great difficulty thence arises.
Mr. RicHARDs-obtainc.id lei id-to renew the busi-
ness•to-mOrrow, after:he shOukl-read'the At more
• '