The Sun.
London, England, 1802-04-27 00:00:00

SHEERNESS, APRIL :16.

This day sailed up the River Thames His Ma 4
jesty's Sloop lkunct UE 14. guas, Cal t. SARRA-

DINE.

Arri,ied from a Cruize, the Ferreter and Cil:.
Rant Gun-vesiels; alter Smugglers in the Channel.
The Po/iphernur and Asia, have made the Signal
for coming into Harbour from the Nore.
The Kite and jalouse trigs, and Mall and
Eclipse Gun-vessels, were paid off this day, and
their Crews discharged ; the two former will be re•
commissioned again immediately.

LAW REPORT.

COURT OF KING's BENCH, APR 111626.

SITTINGS BEFORE MR.JUSTICF. LE BLANC .ND A SPECIAL

JURY, IN GUILDHALL, LONDON.

HAYES AND ANOTHER V. TURNER AND ANOTHER.
ibis was an ACtion for money had and received
by the'Defendant for the Plaintiff's use.'
Mr. MINGAY said, that unless he was mistaken,
which he had no reason to suspea, the trouble which
the Learned Judge and Jury would_ have in, this
Cause, would be yeti), short. This was an Aaion
which would chew what temptation money was to
Some people, and which, for the sake of a. charaae;
to those who had any value for it, he could wish to
• have been otherwise—however, some people recon-
ciled. these matters pretty easily. The Plaintiff in
this Aaion• lived at Maidstone, in ,Kent—he had.
C6ritraled to purchase an Estate for I t,oool. ; to
make up which sum, he-wat under the necessity of
borrowing wool. He applied to 'Mr. Morgan, a
respeetable Attorney, to inform him how he could
raise it. Mr. Morgan happened to have been con-
cerned for a person of considerable trade in the City,
of the name of Reydout, and he rec9mmended the
Plaintiff to this person, as likely to procure a Bill
discounted for him; accordingly a Bill was drawn
and accepted by. the Plaintiffs, for 5091. and given
into the hands of Reydout for the purpose of getting
it discounted, who said he would take it to the De-
fendant for the purpose of getting it discounted ;
he took it to the Defendant ; who, instead of dis-
counting the Bill, paid it away •to their Banker ;
who, when it lima= due, sued the Plaintiffs on
their acceptance, and the money was paid. Rey_
dout owed the Defendants a large sum of money
upon the balance of their accounts, and they pre-
tended that he paid them this Bill in liquidation of
his debt with them: and they 'pretended that they
were holders of the Bill for a I,4aluable cOnsidera
tion, without notice of the terms on which the Bill
was received by Reydout of the Plaintiffs, and there_
fore they had a right to apply it to the liquidation
of their demand on Reydout—the balance upon the
accounts between them and Reydout being isol. ;
they contended they had now a right to detain it
in their hands out of the fruits of this and they
paid 601. into Court, which they contended was
all they ought to do.—Now, on the part of the
Plaintiffs, he contended that they,bad no right to
detain a shilling of this Bill, because, from the na-
ture of their dealings, they knew that he 'was en-
trusted with the Bill merely for the purpose of
getting it discounted ; and that he went beyond his
commission in leaving the Bill in their hands. to
liquidate any debts between them ; and therefore
they ought to refund. all the fruits of the Bill to the
Plaintiffs.
MR. MORGAN, the Solicitor; said, he knew the
, parties,
,became acquainted with them a;; Mr. Min.
gay had stated. He gave an account of a meeting
at which he was present, which took place between
Reydot*and. the Defendants, in which this subjea
of discounting this. Bill was talked of, when the
Defendants' Clerk and Reydout had a dispute whe-
ther .it was isol. or tool. the Defendants were
to be allowed of -the debt which Reydout owed
them, in the event of the Bill being discounted :
but the Witness had every reason to believe from
the conversation, that the Defendants were not ig-
norant of, on the contrary, they appeared to be well
acquainted with, the terms on which Reydout re-
ceived 'the Pala the Plaintiffs, .which was, to get it
discounted.
The Defence was, that true indeed, Reydout
received this Bill of the Plaintiffs in trust to get it
discOunted, but that he betrayed that trust.—He
took if to the Defendants and paid it to 'them in the
way of business, without telling them any thing of
the' terms and conditions upon which -he was en.
trusted with the Bill, and therefore they did, as by
law they 'had a*right to do, apply it in liquidation
of their demand on Reydout : for which purpose
they called Reydout, who swore that he did receive
the Bill for the purpose of getting it discounted,' but
that he owed the Defendants a large sum of money,
and had given them several Bills, and he gave them
this; but did not let them know that he had it in
' trust to get it discounted, so that they had no nci-
tice whatever of the terms on which he received it,
but took it regularly in uhe way of business—after
which he stopt payment and became bankrupt, aria
some dividends had been made under his commis.