The Sun.
London, England, 1823-11-05 00:00:00

LAW INTELLWENCF,.

COURT OF CIIANCIMY; Nov. 4.
oonr.LAY V. Tll r. TAME' OF SOMMISF.T.
In this case Mr. Hoax e begged to refer his Lordship to the
statement of Mr. Justice Parg who presided at the trial, and
to the opinion .oft that, Learned-Judge.relative to. the contract;
he, Mr. liornP had the proceedings in the motion for a new
trial, to whieh'Mr. Justice Parkfatliied some. marginal notes
which. he submitted to his Lordship's attention.
LORD CIIM4 vriltmention it to Mr. Justice Park
when -I see him. on Thursdayi the papers I asked for have not
been- delivered tie during the-long-vacation, and I am now de-,
, termined to. .receive any papers relating to this case but in
the, presence of both parties.
Mr. floitiEire will accede to your Lordship's sugges-
tion, but whether the °the,. side will or not I cannot say.
LORD CIfAITOELLOR.--I will take the short.hand writer's
notes., if both parties-say that they, are accurate ; 'but with re-
Spect to the notes of the'Judge, I will receive them from him-
self, and I do so hecause the. House of Lords has decided that
this Court can look at nothing else. If both sides are ready,
let me have the information on Thursday.

VICE-CHANCELLOR'S COURT, Nov. 4.
lEADTRER V..IIRX AND BISHOP.
Mr. Tnsr.ovE stated the case—Mr. Bishop, solicitor, had
obtained an .award.ngainst Mr.- Radtree. Mr. Radtree subse-
quently procured an order to set aside the award, and also a
bill of injiniction to stay all proceedings attendant on the
award.. Mr. Bishop, however, brought an action at law against
Mr. Radtree. For this breach of his Honour's order Mr. Tres-
love moved that Mr. Bishop„, and Mr. Kirk, his clerk, should
be committed to the Fleet'Prison.
Mr. Cloorpt stated, on the part of. defendants, that the ac-
tion brought by Mr. Bishop against Mr. Radtree had no con-
nection with the law proceedings on which.the award and in-,
had been granted ; therefore it was not a breach of his
Honour's order; further, that' a committal could not be made
without the production of the Bill of Injunction in the Court,
which was not the case at present ; as to Mr. kirk he was not
subjectto* „jurisdiction of, the Court; he was only cleric to
Mr. 'Whop, and the Bill 'of Injunction reached only to the
attorney,, solicitor, and agent.
His Ilosorin discharged the motion against Kirk, with
costs, and ordered that against Mr. Bishop to stand over.

-=:►~-

COURT OF COMMON PLEAS, Nov. 4.
LEA V: PICKFOND AND CO.

.This was an action. to recover the value of jewellery and other
goods, lost out of a' boX delivered to the defendants, who ere
eormiton carriers, for conveyance from Manchester to Bir-
mingham. The property was admitted.
John Lewin proved the goods, and the package. and delivery
at Manchester; .they were in a crate and it.clm ; consiatid
of
silver table furniture, plated buttons, musical snitif.boxes, steel
purses and ,elespe, coral beads, and one set of Hebtew and
English prayer-books ; their value was 4291.
ClNlSfAlitiriiined by Mr. Se rjeaut Ail GI t st. The plaintiff's
name is not Levi ; his filtho's name u-ar Levi. Witness's name
is Lewin ; his father's name teas Levi : he changed his name at
the request:6l°ldg father When he was boy. There were a greet
many artiklea ~of gold and silver, erne plated. Witness bad
a misfortune while he was at the Talbot, at Manchester—
was arrested t but did not represent to his bail, or to Mr.
Richerdie. that thiegoods were of, the value of 60/, nor did
they say that the goods were only 401., and therefore there
ought to 1.. better security given to them. The value of the
goods lost wee .1811.; of those,which remained 501.; the Most
valuable part was lost.. The (*Se was a hat-box cut down :it
was equal to currying a weight of 3or 4 cwt. It had no iron
clamps-:--it was nailed. Did not remember the weight. Could
not say:that it was or was not 1 cwt. 2 qrs. 61b., nor that lOW
lost weight by a pound or more, as he did not see it delivered,
Had said that it was a deal-box, but upon consideration be-
lieved it to be oak. • Would swear it was not of iron.
Goodman Levi is brother of the plaintiff; who changed his
name to Lea, on going to Spain in 1811, in order to do away;
the Judaism of the name. The-Spaniards have a great objece
tion to dealing with Jaws:-.-(Laughter.)-`Sad' the box deliver-
ed Birmingham. It appeared as if it had been broken open ;
it was much damaged ; It Was a wooden case.' Witness refused
to take it in till his brother eaw it. The box was broken, and
bad been patched up again. , As the man put it up again into
the cart, the goods tumbled about the street.
Cross-examincd-Witness is agent for some persons in town,
and, does a little business in the tailoring line. Attends two
clothes clubs at Birmingham. The gentlemen pay a sum of
money weekly, and he males clothes for them. He knew one
Webb, .butt had not requested him to stay away, or he would.
ruin las brother's ease. The box was brought again. and he
opened and examined it in the presence of the cart,r, to see
What was missing. Thu man said if he would semi in the se.
;Count of what west missing within three days it would be settled,
'as that was Ph: Word's rule. .
".10111: Lewin iaiTe'd agaiii.:-.Tlte articles lest were 6 or 7 oz.
of coral beads, plated buttons, gold seals, silver forks, and mu-
sical enuff.,boxes. The account was made out by Mr. Lea, but
Mr. Hodgson. clerk to Mr. Pickford, said that they would not
pay fur any value beyond 61.
. Re-examined by,Mr. Serjeant Vattostase.—The jewellery
was set in gold ; the seals were worth 11. each ; brooches Ms.'
per dozen ; plated buttons et Os. a gross; the two musical snuff.
boxes were out of order, but.woith 70i. each. Witness did not
hear Mr. Hodgson say that such goods must be insured, or
they never could hold themselves answerable, or that it was Im-
proper to pack goods so valuable in so slight a box. Mr. Hodg-
son did not express any doubt of the goods having been packed
in the box.
Mr. Serjeant VAUGHAN, for the defendant, stated that the
extreme weight of the box, as delivered at Pickford's, at Man.
cheater, was 'cwt. 2qrs. 91b. ; and on delivery at Birmingham,
it weighed lcwt. 2qrs. 71b. and ra fraction.
Robert Webb called.—Lived with Levi, the plaintiff, at his
old clothes shop in Birmingham; remembers receivin, a crate
of hats In November last from Pickford's Knows Goodman
Levi. On Friday last he told witness if he did not come up,
he would be answerable; told him .he was subpcenaell against
his brother. Did. not know which was master. Goodman Levi
lived at the shop with his family.
Cross-examined.—Knows John Aaron, of 'Birmingham.l
'Witness had a watch of hint, for which he-paid somothing off
it, and was to pay so much a week more. Got the watch on
Stmday morinng, paid 10s., and wefitaway in the afternoon. The
price of the watch was 21.105. Was in at Witrwiclefor an assault.
It was against his will. The Castle is a strong place, or he
would not have been there. He' belongs to the army; has
been three' years, come next year, in the Tower Hamlets:
shan't answer you any more : that there has nothing to do
with this here." (The witness was restored to his good temper
by the,persuasion of the Court.) The watch had been restored
by. Mr. Goodman Levi.
Cornelius Reading, in the service of Pic.kford., proved the
delivery of the crate of hats to Webb in November last year,
together with a ticket of the usual form. A ticket was put in
and read.,
Mr. Justice Bunnouou complained of the dictatorial and
irreponsible manner in which carriers undertake the conveyance
of goods to the entire alteration and subversion of the old law of
the land.
Samuel Richards keeps the Talbot, at Manchester. Lewin
cinie there the Bth of February. Witness gave him a room to
put his goods in. They were there for show and sale. , Witness
was friendly with him.,. He got into trouble, and applied to wit•
ness tQ become bail. He offered as security all the goods in the
house, and, at the carrier's. Witness valued them all at 401. He
Said he thought they would fetch 501. at sit auction. Some part of
them were removed unbe sold, by auction. Witness saw the
goods on thernorning on which they were packed, in a bOx fOr
the package of hats cut in two. It was fit to pack the things
in, but not to pack articles of value. Never saw any sears.
He had brooches, and gave the son of the witness some. (They
were produced; and examined by the Jury.) Witness would
not have given him 20/. for the whole package.
:Thomas Fisher arrested Lewin. Heard the conversation be-
tween him and Richards about bailing Lewin. The debt was
421. Richards said the goods were not worth 40/. 'Witness
was of the.same opinion.
The carriage arid delivery of the box was then proved by
Pickford's people, and also the slightness of the box, which was
fractured once at, Manchester, and again at Birmingham.--
Verdict for the defendants.

HIGH COURT OF ADMIRALTY, Nov. 4.
THE APOLLO.

The Court did not sit until 12 o'clock. We are happy to
observe that Lord STOWELL appeared well recovered of his
late severe indisposition.
Dr. JENHEIL, in the case of the Apollo East Indianian,
moved the Court to grant a monition, calling upon the other
owners to pay over to Mr. Tabart 3,00 W., being the value of
his share of the said vessel. In August, 1820, this. ship was
about to be dispatched on a voyage to Calcutta,- when Mr.
Tabart objected both to the voyage and 'the hands to whose
care she was intrusted., liail was'therefore given for her safe
return, in order to, save his interest. On her homeward voyage.
the ship ran ashore on Table Bay, Cape of Good Hone
and
ultimatdy became a complete wreck. Mr. Tahart ap.
phial for his money, but payment had been withlidd.—Moni-
tion granted.

T lirLOlllllA.
This was a similar application by Dr. Lusurs &nom, who,
on the part of the half owner of the Louisa, _moved for a moni-
tion against Mulcaster and others concerned in the property of
the ship, calling upon them to appear and show cause why they