The Sun.
London, England, 1824-02-17 00:00:00

LAW INTELLIGENCE.

' COURT OF KING'S BENCH, FEn. 14.
Mr. C. LEA V. TELFER.
This was an action of trover to recover the value of some
small articles of silver plate, the property of the plaintiff;
which the defendant had unlawfully converted to his own use.
Put ',Lira, in opening the plaintiff's case, described
his client as a surgeon in the naval service on half-pay, and
nrebster. In 1821, Mr. Lea took a passage on
the defendant as the Captain of a West India ship, called the
board Captain Godfrey
Telfer's vessel for the Cape of Good Hope, and
sent on board the silver articles in dispute; but afterwards
changed mind, and declined to proceed. He now de-
manded plate; but was surprised by a refusal of the de-
fendanttohbidiss eliver it, unless satisfied a ridiculous claim for the
living by catching rats on the passage.
To prove the plaintiff's case, his cousin Mr. Lodge was
boardcalled, ad lodgingwnhoswor swore
that he had seen the plate at a dinner party
of two cats, which had well earned their
given by Mr. Lea on board the vessel, and had known it for
several years as his property. Mr. Brown, the plaintiff's
attorney, proved a demand of the silver articles, and a re-
fusal to deliver them, unless 4/. was paid for the maintenance
of the cats.

Mr. SCAIILETT, for the defendant, after stating that he be-
lieved the action was brought without the plaintiff's knowledge,
and that Captain Telfer had really acted a kind part to him,
relied on two grounds of defence--first, the anticipated lien for
the support of the cats, which the plaintiff had imported, and
by which, perhaps, he hoped, like the famous Whittington, to
make a fortune ; and, second, that Mr. Lea had been dis-
charged under the Insolvent Act, so that all his property vested
in the assignee, who had not authorized this action.
To prove the first ground of defence, Mr. Daffy, the mate of
the ship, was called, who proved that the cats and a dog were
kept for 5 months ; but admitted that the dog was dead, and
the cats ran away. In support of the second ground of defence,
it was proved that in 1820 the plaintiff was discharged under
the Insolvent Act, and on that occasion assigned his property
to a Mr. Davis for distribution among, his creditors. The plate
did not appear in his schedule.
The LoltD CHIEF JUSTICE intimated that this last evidence
was decisive of the cause.

Mr. Pitir.uPS submitted, that though Mr. Lea might have
no property in the plate as against his assignees, he had such a
property as against a mere stranger as would enable him to
support an action. Had the property been stolen from his
possession, it might have been laid as his in an indictment for
larceny.
The LORD CHIEF JUSTICE said that was a very different
case; here the action was founded on title.
Mr. PHILLIPS argued that the case did not differ from that
of the finder of a jewel, who might maintain in trover against a
wrong doer.
The Loan CHIEF JUSTICE thought it did differ, inas-
much as there the real owner was unknown, and the finder
would he the real owner if no other appeared ; but here the
plaintiff himself was a wrong doer.
Mr. Pilit.r.rps then suggested that the property might have
been acquired since the insolvency; in which case it would not
vest in the assignee till he claimed it.
The LORD CHIEF JUSTICE replied, that that could not be,
as the witness Lodge had stated, that in 1821 he had known
the plate several years.
Mr. PHILLIPS requested that the witness might be asked to
explain, as possibly he spoke not in reference to 1821, but to
the present period.
The LORD CHIEF JUSTICE refused to allow the witness
an opportunity of amending his evidence, which before was
sufficiently explicit, now that lie knew the effect of his answer.
Mr. PHILLIP% then urged that the plaintiff was entitled to a
verdict for one spoon, as being a necessary of life, and which,
therefore, he was entitled to retain.
The LORD CHIEF Juvric E said he would not hold a silver
spoon necessary to an insolvent debtor; the plaintiff must be
nonsuited.--The plaintiff was accordingly nonsuited.

Commercial Letters 1)v the last mail from St.
Petersburgh say, that some new Imposts are spoken of as be-
ing likely to take place. Cold has set in : Reaumur's thermo-
meter is at 15 degrees. The balance sheet of the Accountant-
General of the Customs gives the whole amount of the Exports
last year at - - Roubles 104,070,328 24 Cop.
And the Imports - - at 105,909,720 6
Titus chewing that the Merchandize imported into the Rus-
sian Capital exceeds that exported by Roubles
1,099,193 82 Cop.

COAL MARKET, Feb. 16.
nips at Market. Ships nod. Price.
Si Newcastle
401 /lithilerland