The Sun.
London, England, 1813-12-18 00:00:00

LAW WE L G C

COURT OV KlNG's BENCH, •M!-
C RANT V. CROOK..
Mi. SCARLET stated this to be an action by
which the pluintimf, who learn uphOlsterer and'ea-
binet-maker in Oxford,street,.sought to recover
from the defendant, an-auctioneer, in Skinner-
street, Snow-hill, the, sum of 270/. being the
amount or goodi'M the plaintiff's line of business.
furnished to the order of the defendant, and de-
livered by..thnplaintiff's workmen, at a house,
No. 11, Seymour-()Lnp?) which Was then fitting up
for the reception of a Lady of the name of So-
merville, in whose 'company the defend:let called
at the pieintiE's warehouse, and gave orders for
the goods to be sent in. For every part of the
articles furnished, aed the price of, which corsi-
tuted the amount of the plaintiff's present demand,
ire should prove the express • orders of thedeten-
dant !inns-elf. Ile should also prove that the only
article ordered by Mrs. Somerville, the Lady who,
it wes understood was to occupy the house, being
a carpet fur her. bed-room, had been returned by
the express commands of the defeedant,
Crook, us not being good enough to he placed on
the flour of Mrs. Somervillels bed-room, and was
also; by the orders of the flefendant, replaced by
a fine Brussels carpet., einnlats:* that, which had
been ordered for the parlour. It was 'not for the
Learned Counsel to guess what Was. the sort of
connection which subsisted between this defen-
dant and the Lady already alluded to, in whose
concerns he took so eery particular an interest.
It would have been enough for the plaintiff to
know that the furnishings had been made by the
orders of the defendant ; and he would - not have
thought himself entitled to inquire further ;into
the interest • he defendant had in the Lady,' HO Ile;
chosen to retrieve his own engagements by pay-
ing for the articles which the plaintiff bad furnish-
ed on his express order. This, to the astonish-
fluent of the plaintiff, the defendant bud refused to
do, arid, in consequence, the plaintiff had been
under the necessity of bringing the present ac-
tion to recover the amount. it would be for
the defendamit to account for the nature of the
interest he took. in this Lad.y, which could
entitle hint to came to the plaintiff, or any other
tradesman, and order goods, on . his own ac-
count for this Lady, without being afterwards
bound to .pay for them, or which mead en-,
title him to return one carpet; which was intended
for the Lady's bed-chamber, because it did not
snit his taste, and in, its place to order a more ex'-
pensive carpet,stiltwithout beingbeing bound to pay
for it, When gentlemen would indtflge themselves
in the pleasure of baying ladies living in style in
the most fashionable streets and places about the
metropolis, and having their coach andaeryants
to attend upon them,. Its if' they were
.persons of
the first rank, fortune, and consideration, it
would be well that they bad also the prudence, by
satisfying the demands to which they thus sub-
jected themselves, without coming into a Court of
Justice, prevented such conduct front becoming a
Subject of public observation. In the present
case, it would be seen that the lady alluded to
bad been removed to the Rules of the King's
T3ceell Prieon; where.. she . still. lived in style, in
apartments for which o rent of three guineas per
week was paid ; and that the furniture which turd
been ordered by the defendant of the plaintiff, to-
gether
,with other furniture which had•formerly
belonged • to this lady,• had been taken in execu-
tion mei sold, nut without the privity of the .de-
fendant.
John White, foreman to the.plaintiff was called,
- and being questioned by., the Attorney-General,
dechtren, that he had no share orjoterest iu the
plaintiff's business, and that he 'was. not inte-
rested personally in the prestmt aietion. tie then
stated; that lmn wax present in 1,l master's ware-
, house, when the defendant, Mr ooh, accont-
panied by Mrs. Somerville, came in. The defen-
dant, addressing himself to the plaintiff by name,
informed lam that he was about to furnish a
house, No. 11, Seymour-place, and that he wish-
ed—to take time articles which would be required
for that purpose from the plaintiff. To this the
plaintiff answered, also addressing the defendant
by name, that whatever orders he, Mr. Crook,
gave, should be immediately executed.- The de-
fendant then proceeded to look at a sideboard, of
which he asked the plaintiff's opinion, who. told
hint.it was a very good article, awl etwtip at the
" price mulled upon it, being sixteen guineas. The
defendant expressed
.his doubts, whether it was
not too large for the mourn for Avilich it was in-
tended, but on the Plaintiff's agreeing to take it
back,-or to exchange it, if it stmuld turn out
to be too large, the defendant agreed for it at
sixteen pounds, and ordered it to be sent in. The
next itiliete the detendant .looked,at was a com-
smule, the .price of which was also, named, and
with which the defendaut seemed satisfied; Mrs.
Somerville, however, observieg that it had a top
whielewas painted, inimitation of marble, wish-
ed the top to be taken OIL' and a ,wirble top to
be substituted in place of it. Ike defendant
asked the plaintiff's opinion sts to this, when the
pleintiff dissuaded him from.k. Os it would °era-
sion both expellee and delay, the latter of which
be understood the defendant, Wieheal to avoid,
and, as for the former, be thought the article
hardly worth the expeuce which must necessarily
be thereby incur* Time defendant on this said,
that he world have the top to remelt' as it was,
Hut the curtains, which were red, were ordered
to be changed,'and•were accordinglyto light blue.
These areities were. accordingly sent home to
NO. 11, Seymour-place, where" the witness after-
wards Met else defendant by appointment, and re-,
eei%ed his orders for fitting up the' house with
Brussels carpeting, &c. : the' defendent was al-
most constantly in time house while the witness
was there ; he superintended the witness and the.
plaintiff's other 'men in all they did ; and there
was not e..single article in, the account which eon-
etitetted the plaintiff's present clemanti, which had
not been specially ordered brtime defendant him-
self, and been furnished accordingly: The
.only
article which had been ordered by Mrs. Settler:-
silk was a carpet for her bed-chamber, which was
sent back, and.a Brussels eurpet, similar to one
which had been filmic/led fur the parlour, isub-
stitUted in its atektd, ibis was done by 'tile ex-

press order
.of ,the a.lentiant, who dez.lared he
would not-haw-the c :rpet whi'eli had been sent
for. the bed-room, bat that. he would have the
Brussels carpet.
Wm..Fenwiek, Clerk to the plaintiff, prayed
that he was also present when the defentlint and
Mrs. Somerville came into the plaintiff's shop, and
that he htasrd the, defendant give the orders,—
The defendant first sa,A, that he wish,' to have a
houSe furnished;". No. 11, Seymour-placel when
the plaintiff, naming the defendant, answered, that -
any orders he might. give, should. be immediately.
executed. The defen:lant then proceeded tobar-
gain for the ar ticks mentioned by the last witum.
Mrs. Somerville had formerly had dealings with
the plaintiff ; she owed him a considerable ac-
count, which the witness, had repeatedly applied
for, but without receiving any part of it:-
The ATTORNEY-OEN,MAL here interfered. It
sometimes happened, that they received itistruc-
tions which were not borne Out iu proof; anti
after What had now appeared i:► this case, he (the
Attorney General) on consulting with his friend
Mr. Park,who was with -him, for the defendant,
thought himselfentitled to say that his Lordship
and the Jury should have no further trouble in
this case'. •
The Jtiry accordingly found for the plaintiff—
Damacgei `,3.701, •