The Sun.
London, England, 1812-03-04 00:00:00

rllir f?F,I4ORT.

, COURT OF KING'S lu MARen
1.V.; NS V. NIARQUIS HEADFoRT.
The Jury were no sooner sworn, than the par'ea
agreed to discharge !hem front giving any verdict,
by withdrawing a juror.

ANDREW V. ROBINSON.
This was an action brought by an assured against
his broker, for money had and received, upon a
policy of insuiance, tfl'ected by the defendant, -the
signature to which appeared to be struck through;
and the policy was indorsed as settled with the nu-
dermiter as fora If's,: of tool. per cent. Mr. Park,
for the defendant, contended, that the plaintiff could
not bring his action fur money had and received,
without skewing that the defenstant did actually re-
ceive the amount of 11. e loss: here it was only carried
to account. but Lc-rd ELLENBDROUGH was clear,
that it had ben set ticd over and over again, by Lord
Kenyon, that this acti 41 was maintainable.. The
circumstance of the underwriter having struck his
name out of the pain y evidence sufficient
that the money had been received by the brokr,
at least vzoad o.e as,nred, who was by that
circumstance estopped from all action upon The
policy. If the assured was not to be paid tender
this action, then, how else could he recover ? Cer-
tainly nut aganst the underwriter. Mr. PARK sub-
mit led, that this case was open to the defence
of the underwriter upon merits ; but Lord ELLEN.'
BoROUGII held not between these patties. The ac-
tion should have been brought bythe oroker agauns4
the under-writer, it he had been imprudent enough
to bri,,g it. Verdict for plaintiff; Damages fool. ,e
NEWTON AND WIFE V. EVERAR.D AND OTHERS.
This was an action. for running down the by.
the Mary and Elizabeth; 0.1 :lie night of the tits
of Doi.% last, where Uie Thames was three
broad. The Captain and ship boy of the plaintiffs,
vessel having proved that the Isis was lying at an-
chor—that the Elizabeth and Mary was sail.-
iog down the river with b.,th wind and tide---
that the night was tn oan light —that there wa;
plenty of room to pass on either side—aod bat
the Captain ( ailed to the defendants' sloop before she
ran foul of the plaintiff's' vessel : the first Mate of the
defendants' sloop was called to prove, that it the,
plaintiffs' vessel had put her helm a-port, the accident
would not have happened. But Lord ELL.ENEOROUGII
would not receive this evidence : he was not ,prepared,
to say that it was necessary that o:ery small vessel ly-
ing at anchor should keep watch all night ; and it (hie
defendants' sloop had ample room to pass ors:
either side., she must take the consequences of her
preterence to run foul of a stationary vessel. The de-
'endows' witness comtadiated the evidence for 63
plaintiffs in almost every particular, and said, that
their ve4sel was moored in the centre of the river,
the usual place of lying at anchor.
Lord Eeeßs.Boßoubu reprobated such incredible
te,timony ; and when the witness said that his cap-
tain had behaved like a gentleman to the plainte;
crew, his Lordship observed, that tie had condualea
his • vessel too much -like a gentleman, and should
have shown himself a little more of the sailor.
The ownership of the vessel could not be proved by
the mere production of the ship's register,as hadbeeri
decided in a recent case ; but the plaintiffs proved by
a witness that Everard was one of the owners ;- and
Lord ELLENEOROUgrII. said, that the defendant's wit-
nesses would most probably fix the other owners,
for they would be called at the peril of such exami-
nation upon the voir dire. The first-mite Etl-,tually did
prove the interest in all the other defendants, except
one, against whom, as the evidence was doubtful"
Mr. GAattow, for the plaintiffs, consented that
verdict of " Not Guilty" should be entered.. Thfr
other defendants were.found guilty ; the amount o£.
the damages having been agreed by Mr. CAmrBELL:
on the other side, to be referred.

CITY BUglNP.SS.—Yesterday a Court of COMMOO
Council was held at Guildhall. The Lord BisbopOi
CARLISLE and the Rev. Mr. BARTON were requested
to preach the Spital Sermons on Ester Monday and
Tuesday next, at Christ Church, Newgate-streel.--""
MeSSfS. LANdrON, Kziusv, .and DIXON were 31)°
pointed coal-meters, and Mr. R. ABBEY was admit..
ted and sworn into the office of corn-mete., in trust
for the city, for four years.—Upwards of two thou'
sand ounces of gold was sworn to as foreign, pre-'
vious to exportation,
CORN Exc N, GE, MARCH 4.—This day we bawl'
few fresh arrivals of Wireat, but tolerable quantillei
remaining of the late supplies from the North Court°
try, chiefly second quality, sales dull and ne-,riy at
last prices ; Rye rather dearer ; Barley again, is good
supply, sales likewise heavy and soinewhacheaper ;
Mali and White Pease keep their price ;. Tick Beans
at less; the supplies of Oats are ihmnsijerable. and
in this trade last prices are readily obtained Float
without variation.

Wheat -74 s a 102 S a 116 s
Fine ditto - - Laos a izbs
Rye - 2S a 58s
Barley -•- 46s a 56$
klalt - -84 s a giza
Whitel'ease(boil.)7Ba a 85s
Grey <lnto - s7s a 63s
Beans - - - szs a 56a

Tick Beans (new) 45s a $O
Ditto (Itiie old) -54 i a 5;5
Oats - a. 35s a 375
Polauct ditto - 3s a4l
Potatoe ditto 41s a 4zs
Rape Seed - - 601 a 65.
Fine Hour - - 955 a loos
Seconds • - - 9-.5 a 9i5;

oißlfl.
On Monday last, in Upper Seymour-Street, the. Right
Hon. Lady Frances Wedderburn Webster, of a pAughter.

Al/IR /Ei).
On the 23d of S,Tternber. at Calcutta, Mr Edward
mas Bunn, Purser ut the Hon. Company's ship Carnatic, to
Miss Ford.