The Sun.
London, England, 1823-12-17 00:00:00

CAMPBELL AND OTHERS v. ALDER.

This was an action to recover damages sustained by the
plaintiff in consequence of the refusal of the defendant to
accept a large quantity of tallow pursuant to contract.
The case depended on the evidence of Mr. Wilson, the
brother who negociated the contract, and of Mr. Lancaster,
then his clerk, and since his partner. According to their
testimony, Mr. Wilson had, before November, 1822, been
authorised to sell large quantitics of tallow for Messrs.
Thornton and West, and was informed by them that
Messrs. Campbell and Co. had also a quantity which they
wished to sell. Mr. Lancaster saw Mr. Ililbers on the Ex-
change on the 4th November, and then requested him to inform
Mr. Alder, who had speculated very largely for a rise in tallow,
that they had 760 casks to offer, at 465. per cwt., to be delivered
on or before the end of the year, at any time, on the sellers
giving 14 days notice to the buyer, and to be paid for on de-
livery. Mr. liners said he would take than on these terms;
but Mr. Lancaster replied lie had no authority to treat with
him, Mr. Alder having been mentioned; on which Mr. Ililbers
replied, "Then I will take them on account of Mr. Alder."
On the next day Mr. Wilson saw Mr. Alder at Batson's, and
observed that he had done business with him on the preceding
day ; Mr. A. replied, "So I hear." Mr. Wilson said ho had
sent the contract to his counting-house ; Mr. A. replied, lie had
not been there on that day, and wished the document to be sent
for. It was accordingly brought, when Mr. A. said it appeared to
be all right, but he wished it to be shewn to,Mr. Hibers, that he
might state whether it accorded with the terms which he had
agreed on. On the 6th, the contract was returned to Mr. Wil-
son .with a pencil mark against one of the clauses, which stipu-
lated that, after notice, the tallow should .be in the buyer's
name, and lie pay interest; and an observation, that this clause
was unusual and improper. The broker afterwards seeing Mr.
Alder on 'Change, consented to abandon this clause, and sent
him a copy of the contract, in which it was omitted. This
copy, however, Mr. Alder returned, with a note, stating that
he would agree to no contract,. except the time of delivery and
payment were postponed till January. On the 13th of Decem-
ber notice was given, pursuant to the contract as originally
drawn. On the 27th, Air. Alder was required to accept the
tallow; he refused, and a great fall having taken place in the
interval, the tallow was disposed of by private contract at
38s. Stl. per cwt., making an aggregate deficiency of 1,897/.,
which with 631. 14s. 3d. paid for brokerage on the resale, the
plaintiffs now sought to recover.
On cross-examination, these witnesses both admitted that
they entertained strong suspicion that Messrs. Thornton and
West were. the real sellers, and that Messrs. Campbeltand Co.
were only nominal parties to the transaction. Messrs. Thorn-
I ton and Vi'est had sold largely, and Messrs. Campbell and Co.
had no tallow within the knowledge of Mr. Wilson their broker,
nor had lie negotiated the sale of any of them from Thornton
airvhnike,:lhoitilirilaft'noerssi.lftAe,arnitiltlirer:lls.ielormdeasee,tlitiwevbeaebriconareokftreeTderers had all of them the names of
Campbell
datee
dl li s
candoofs
disclosed,
C0.,0 alleged
landmle g a these(i as k
edadt ef
contractof
wt
inas mra n.
manifest
sfAeoi
ts
isLu reiTsi rs, irnsf.coircp anrutehypee
Campbell and
wneterendnedomifinraslt,pathrtaitesit,
introduced to further the scheme of Thornton an West, who
speculated
al)baflryltgohtewai
tyemivicn:
gorhn! risesltAiee;aduvec have
n ever
vo e
rf tlittitlthowon; secondly,authorized
dor
were selling to depreciate the market, and ruin Alder, who had
assentedthatound
to the
contract for a delivery in Decefeeinfitcbhoeredt.
a; and lastly, that he was
not
.auction.
a salebetter by ppririveitetei
icownitdracbt;

The Loots CHIEF JUSTICE told the Jury, that as the
name of the principles was not disclosed by the broker, no one
could sue except the party really entitled to the tallow at the time
of its sale ; and therefore they were first to decide whether
on the evidence they were satisfied that the plaintiffs were really
owners of the tallow, as if they were not, they had no right to
recover. If they were of opinion that Messrs. Campbell and
Co. were bona fide owners of the tallow, they woulil then con-
sider whether Mr. Alder ever assented to the contract declared
on. In case they decided both these questions in the affirma-
tive, they should find a verdict fur the plaintiff, an the third
point—respecting the mode of sale,-could only operate in re-
duction of damages.
The Jury, after a short consultation, found a verdict for the
plaintiff, deducting two and a half per cent. from the amount
of the difference claimed, and making the sum 1,8661.

COURT OF COMMON PLEAS, DEC. 16.
PRICE V. NIAIVIN AND OTUERS.
Mr. TALFOURD opened the pleadings. This was an action
brought by the plaintiff to recover LOL of the defendants, being
a sum of money had and received by them for his use. The
defendants pleaded that they were not liable, and upon that
point issue was Joined.

Mr. erjeant AMMAN opened the case to the Jury. The
S • ***
plaintiff in this case was Mr. Kees Price, a respectable surgeon,
residing in Cannon-street, city ; and the defendants were
bankers, resident in Berners-street, Oxford-street. The plain-
tiff, who had formerly lived at the west end of the town, had
been in the habit of banking with the defendants From the
yeay 1017.

- John Henry Boggs, the first witness called, deposed as follows
and put it in
his side.pocket a small parcel that WRY twisted up,
0-7 lAaltlng.a, servantaisir. ITllllnlfire.iPwrsi!f;l
oliirrirventi.hmitrore eotn s ve,
feld'a
111): 'LT:2 &Olt
ptarsh:-pbanou.kb.oollkeitnbelniiswheanntdoutot
rMars.tl_thane '
uphol-
sterer's
that banking house, and give it the clerk whoM.you see there re..
bStilitli :t:inac!S-dellltt°ocolua"rristlei,dieannedrntleiernB-giltarveeetm, ewtilltlechbotisikn,"ranildisealitrls4Aolaorsinh'to4
ceiving money." I then took the book, and carried it in the state
in which I received it to Mr. Marsh's. The book bulged out. I
gave it to Mr. W. Watson. Ile looked at it; took out the
notes, untwisted then), wrote upon them, put them away,
and then weighed the sovereigns altogether. Ile asked me it I
knew the amount; I *aid, " No, I do not." He then wrote
down something in the book, and then gave it me. I carried it
to ray master in Canon-street. My master's assistant looked
at it when I brought it home. After this time I went often to
this hanking.house with draughts. I then saw Mr. Golightly,
and not Mr. Watson. Notting was ever said to me about the
entry ssiiielt was made on the littli of August, though I took the
pass-book once at least afterwards. I called in January there
again. I made a memorandum or it the same day, which I gave
my master. I received the honk, and brought it bark to my
master, without any observations being made to me be any of
I
the clerks. On the 14th of January
went to the bank ain,
and told Mr. Golightly, whom I saw, that my master said that
there had been an alteration in the book from 31 to 31. He said,
" What of it ?" I said, " I don't know, but my master says it
has been altered." Ile answered, "1, or we," I can't say
which, " have altered it." I then went out to the bottom of
Bernerri-street ; but before I ,
went out I asked Mr. Galightly
to write a bit of a note to my roaster. He refused, saying.
" No, we never write notes here." I cant- back, and asked
him what message I was to carry to my master. lie then went
and consulted with Mr. Watson, who gave me a direction on
a thin slip of paper. That is the paper.
Cross-examined by Mr. Serjeant Prar..---I have been with
my master for two years. They hail not a large ►pair of scales.
,on the counter, but a moderate-sized pair. They put all the
sovereigns into the scales together. i saw Mr. Watson write
upon the notes. I saw two, which were oldish ones. I saw
him write upon more than one of them, perhaps duce or four.

I will not positively swear that Mr. Watson was the person vi
whom I paid them. I did not know`Mr. Watson at the time,
1211 t the person to whom I paid them was a stout man. Nr.

Price lives at 37, Cannon-street.
Gregory—l William
icebe Ir 'yo h eras
sy
asttehweeltime
of
thisi transactionpass.lvot aoassts:ant to 3lr. Pr
turning from Mr. Marsh. The entry on the 10th of AuFIP
was 811. 10s.
John Baldry—l am a pupil of Mr. Price. On the IGthcf
January I went with him to Mr. Marsh's where we raw
of the partners in the bank. We went boute' the alteration 7,
Mr. Price's pass-book. They said thrt they would lioi:t.•
nothing to do with it, as it belonged to their el
showed us at the time the ledger, but I did not le::: in ie
master did.
Benjamin
olfirsaeypet.
Mr. Steed proved the receipt of a bill•drawn 011 Mr. No,
nßtehnei
37, Cannon-street, by Messrs. Marsh and Co.
O
ettabrere.Trleeaemtveda calte;kjesstorsi.%
a bill; containing Mr. Pric,e's address.
The pass-book was then put in evidence,
e
lure'. book
The Learned Judge observed, that if the jury held the ,
up to the light, they would see that the entry in question K't'}
made uon an erasure.
Mr. Serjeant, VALI:GUM( said that this was his case. i je„
Mr. Serjeant PEEL then addressed the Juil for Wise,
fendants, contending that the boy who had been first pet
the witnees box heti done his utmost supeort a ease of "
by testimony of perjury. tie],"
John Watson deposed to the following effect :—I ein 3 O.
in the house of Messrs. Marsh and Co., and bare heen,rei
6 years. I remember this check being brought on the itiit!..,
August to our banking-house. Nothing else was ledd log Tot
it, neither notes nor sovereigns. I saw the boy who "'Ng
and handed to .
examined here. Zgsli 1.1
la lee.
I believe it was not that boy, but eeTteLk‘
boy, who paid in the check. It was paid in about two
t7,`,16
and into my hands. I was sitting at my desk et 111;41s.
which
of the ciil4ccokn.sildedraidbinyotblembi:datthttele,c(hmontiticee..e
taentereduse
coieredthe mistake I had made within half
in the pass-book. 1 made that entry becettee I mistook tho
time. The boy went away. Mr. Price one of our der
day Mr. Price was the entering clerk of the receipts it
fore asked him to make a memorandum of it. 11c ,1.11,',„.
accordingly. I then gave an order to our potter, I""ii."',,,iire
go to 111 r. Price's late residence in Baker-etrect, to .
where Mr. Price lived. Ile could net find Vn. 111
madethcD
ginning of January, Mr. Pric,e's pase-book was left to
.be iel
up, but I can't speak to the precis- 'time The oiteratwnelerks.
to .31 was made by Mr. Jarnes'Kirb.y one our
014 lter:mot
tell
..n the book was left to be made up. eh,sthil
made, the hook was returned to Mr. Paler
In
s.w.enektiosbout
an hour. (itliolo,',
days afterwards I taw Mr. Price. and 1 eol\vine 01.;
note, and if so, we can trace
this business. 'Mr. Price said that he 111(1 113'" ",•,
note along with this check for 30 guineas. On his this
Ile immediately isiettivelehsitnn'eeet
replied, Of course you tarn tell us where you teee'ete elt
was mode up of several notes and gold."
'times afterwards on this subject. Five or six days afteTrlll
he came again. He then stated that he paid the moneY Oro
Oblightly, and that he never paid any to me in his -
not recollect any other conversation with Mr. Price. have
• . Cross-examined by Mr. Serjeant Vey°
two pair of scales in our shtip, and it wag our custom to wee%
sovereigns in a lump when they were paid in. The pastelt
was in our house several times, and entries made in it bets '
the 10th of August and the 14th of January. There ate f°`'
Or live entries made subsequently on the same page. I tor'
no doubt that Mr. Kirby made the alteration in the bock Atnl,t
desire. I believe it was made about the 12th of January'.
book was left to be made up from the 4th to the 14th of )1
nuary.
Be-examined by Mr. Serjeant PELL.—When a custoele
pays in a check and gold with it, it Is customary to pot d°'`.l
the amount on the check.
Mr. Justice BUIIROUGH.—There is an entry on the 24t1';
July—that has been originally inserted by mistake—it
through with a pen, and the alteration has been put abor'.'i
.What is the reason why, in this case, the erasure is made
particular care ?—I
Mcannot tell.
Mr Serjeant shall call the man who made &eft
sure to explain it to your Lordship.
This witnees, as well as the two who succeeded liiinewereNre;
leased by the defendants before they were allowed to o°l
evidence.
W. Price.—l was at the banking-house on the 10th ;4'l
gust. I was the entering clerk of the receipts on that tl/0:41,,
the waste-book I made this entry, " IL Price 311. 10e.
Payne and Co. Entered till. 10s. The memorandum was
in
at the ienne time. • sit'
A Juryman, looking at the book, observed that it was In
feeent
Tile heck
witness continued.--.IA d I was tit 'M.
crane in, so was Mr. Oolightly. . That was tin: reasi,
Watson received the check. On my return, I fou4''''„`eeite
Watson's error. swear on my solemn oath that th'hi;gete
randum was made as I discovered the mistake, and
time I made the entry. It is the custom in our
receive checks and notes, to write on the check ;
notes.
• I asked ,
t.
Cross-examined by Mr. Serjeant VAITOFIAI4.-- for
Watson whether he had not mistaken the Nur" body of 112°
I mistook the 3 for an' 8, until I looked a the
note. In the hurry of business we cannot alway loorit
body of a note—we only look at it when the hate
but
fill. I took no steps to apprise Mr. Price of tile 11'13
-of
I believe some steps were taken. by .111 r. Watson. e
Joseph Golightly—l am receiving-clerk in th
viroes
Marsh and Co. I never knew a banker's clerk put do
tee
3 or 4 notes, when they were paid into the hotnie,.,7llo
when, or the person from whom, they were hisroelie
the plaintiff two or three days after the diecovery Fria;
in January last. I conversed with him on the subj!,-:',001 1!`
said that he paid the money hilesell to me on sec gel or'
August : he said so no less than three or four tinis,o7 met
different days. He did not pay me a single farthing
day. boor
Os'
James Kerbv.—l first heard of this mistake in the P
Itiews:junt of the
on the lOtie of August, the day en which it 'tappet, Dell
the order given to the porter to go the next day,ke
street, and call on Mr. Price, to tell him of the or!ok on co,
had been made. I made the erasere in the passalo
clay when the book was made up, but I cannot tiny e"
that was. I scratched out the t, and inserted the fi,,ute „
alteration is made, my l'
usual mode is to take out the.
The porter was next called. Ile recollected cliortecel'i:,i
August last to 78, Baker-street, but he could ri
what he was sent for. He asked fir a person d
it.ll.6ner'
Price. He could not recollect whether he found tif (0)1060,
not. Whatever answer he received he brought Inict Ward
Marsh and Company. He had never been tiler°
since. deed*
Mr. Serjeant PELL then said that his came n'ns
Mr. Scajeant VAtrottsw replied. evidence
Mr. Justice BURROUnit then summed tl 70,crelpy
Jury, and observed that it appeared to him
the defendants had certainly behaved improPorOgibev F
had discovered their mistake, if mistake it wat!,..:,,tifful,sl,;,
have taken every pains to have apprised the 117 ,tee woe,
t estql Allem 14)
did not appear that they find intimated the 15°0101; ;,°,4001
him upon the subject, until he bad vent his elZkecer,,,'ltte
to be made up ; and in keeping back from hill t'•nion-ti7ite °II
the error which they had committed, he was del°. the i 0 4 tie
which they had to decide, Aft tO 110
had acted with congiderable impropriety. ee
wauld rather than they should decide upon _eve
impressions than front any which -they might Fet7over,.eir ow"
He should therefore confine himself to read!lil to dear
deuce, and leave them to decide accorthee
jndgment. ,r the r
they bad heard the frog t;s,
late
The Jury immediately returned avertliet te

~"'S

of Agtrro.
1 SECONDARI"S COURT, -11:''' 'F. 16;10 Cl'
Thisi Prtas)llTaAn:Tquci.::::)l.o,4l:3:Aenc:lo,o:r.:Cotr).:::: a
~,,i„1
GAINSFORD V. CARTiOf.L.A.I<I) '' rot ~.. 1..,
, l' T034..1.° 1 of 0
sustained by the plaintiff, in censequenta Oi. 4 00
tree:. st
mfeii oiolo
l't
i'iniip.DarT:tagancied ttlolecocagro2n:c7cli:°llntenweilti.iLblilntrvifiliajallilitj;
opulent cheesononger, residing on laairte• ',soot intitli`
fendants were rcspectlblt‘ fri.li irovision airro,ii, FIPt, st
ford. I I 11,22- they •1
A w til . ..eV ,h,l
11 • arioary, ._'_.:_, contractG.. - ',f ai, r ocwl
ddiettreveTn.ttatihnliTs.ll•l(.Tnre4s4lllt*ipbunicerlit.A:rt,:htoe;.a!i'teil:'44l-niewlirk4ollll:')4'.'
in February, and a third in Alarch, 11;22',,s tag i;tifl4„e
article rose considerably, and the etintrac'' ~ illelloibirhe'
—The question therefore Wag, what claniag::cotn avop,
sustained by the breach of contract I ItY/- no inologitio
defendant, that the plaintiff was to rece'Vthe Ole 1 pro
pried the article fetched in the tnarket latoijoil the ,
dot
have been delivered, but the plaintiff 1 b tir
articks would fetch at this the day of tril ~
~.ises esc .0
The Learotal Counsel on hot.' sides cited .
_,l)irir,s.c
t c' •er !'f
his view of the matter. r )iniol t"- ;tea I ' lifli•
bcelipberoSo7hotrs6Dlrwaßalr*dVii'noSe,olnlOtar:ietSv'errt, Otfi,?latnut,t,libori:lY;uicjoinscrig,
00,1
plaintiff; that in law compensation "Itrial. 'V e th#ror
to the price of the article on the day 0,,,, r 0,t,_!,,,, is
the price at the time for deliviry as ;-; orr :1 per 6' rfirg
present time was las. with a tkilde" , idyn 'O5: /IQ
rhwe. ..., .me a,..-;:,,,a4, ~
The Jury returned a Verdict, asssil triA,-.1 0" -,
to the value of the article on the 4.1,4 t'
nundred and Fifty-si" rinilleF.

the
YOIC
vitt,

F STOCKS
ONE, o"cr,ocg.

di•
A~
Ua

AO'
1344'

THIS is to give notice, that in Pnrstiance
a Directions from the COMMISSIONERS for VIC-
.
TUA4ING HIS MAJESTY'S NAVY, I shall be ready at this
litsta,, on TUESDAY, the 29d instant, to receive Tenders
Yn writing (sealed up), from such Persons as will undertake to
Purchase the HIDES, (except what may be wanted for the
Dock Yard), and FAT that may be produced front the Oxen
slaughtered fur the service of His Majesty's Victualling De-
putt:taut at Portsmouth, from the Ist day of January next
'ensuing, until the alst day of March following.

The 'renders to contain distinct prices, expressed in words
tit length for
.each article.—The sane to be paid fur at

WILLIAM MELLISH.

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