The Sun.
London, England, 1802-07-19 00:00:00

BENNETS 'V. HAYNA.

• The Plaintiffs, Messrs. Bennet, are Coaciunukers
the Defendant an opulent- teadesinan in this city.
The Adion was brought, to .rec()ver the sum of
5r1.. lc:, for the hire of*a curricle at..rhe rate of
seven guinea's a Month.;
The Defendant had paid 421, los-into Court;
contending that this* was a reasonable sum to be
all Owed for.the use of this carriage..
11 Was stated On the part of the Plaintiffs, that.
there was no s:tcific agreement between the par.
ties, and therekore he must prove that this charge
of seven gnineas aincOth was reasonable *accord-
ingly, the person whO had been ti Defendant's

groom, but who Was 'lately discharged, was called,'
.and he swore he heard the bargain made between
One Of the Plaintiffs and .Mr. Edinburgh the De,
fendant's agent, Which he said was concluded at
seven guineas a month; and then -several Coach-.
makers were called, who said; thatior the summer
months this charge was moderate, and even too
IoW. That to guineas a month was a reasonable
- sum for the use of a new curricle for the summer, &c.
That this sort of carriage was a rery fashionable
and. a. very expensive article,. costing Iso and 200
guineas, and that there were some at aso, and even
.300 guineas, sold and paid for by good customers ;
'but that being an open carriage, it was much more
injured by the dust arid the rain than a elosF car-
riage, and therefore a' higher price was charged for
the use of it, Ste.
There was no difficulty about the length of time
the Defendant kept the carriage : the only qiiestiott
was, what he ought to pay for it
On the part of the Defendant, his agent, Samuo
Edinburgh proved he made the contral with, one
of the Plaintiffs, and that the terms of it 'were, for
the first three months, seven guineas a month ;-'but'
for every month afterwards he was to payonly at
the rate of four guineas a inonth,—That the.groom
only heard the first part of.the agreement, he, having
gone to the coach-house before. the conclusion of it..
Lord EL,-LENCOROUGH, after making many suit,.
able observations on the frivolity as Well as error.,
mous expcnce of articles of luxury of this kind,
and the contemplation of bankruptcy which accam.
parried them, leftit to:the Jury to consider which
of the two. Witnesses they would believe, the dis„.
charged groom, who ,iia'not hear the whole 'of the
agre,emenr, or the agent'who transacted it.
The 'jury thought the 'trolley paid into Cciurt
was quite enough upon this occasion, and therefore
lOund a Verdid for the Defendant.

PLUNITTON V. TOMPKINS.

This was an ACtion for Slander, the Defend-
ant having said to the Plaintiffin the hearing of
divers persons, " Von are a rascal, a swindler, a
blackguard and •a thief, and I can prove you to be
so," &c.
This was opened as a very serious.ease of Slander;
nOt like those common vexations of low life, in
which these vulgar epithets were frequently ap-.
Plied,. but which were 'icier regarded in a serious
light, they did no harm, for the situation of the
parties was generally such, that the character was.
• ilot much affeded ; but here the case was otherwise ;
for these words were tittered of a person in a con:
ftzletri2tl stuation in the Post Office,. one 'to whom
• his charatter was a serious matter, for he had
access to those places where letters were deposited
• containing property to .an incalculable amount.
The case was therefore a case of great importance.
—The- character of a -man in so trusty a situation
ought to be vindicated seriously.--Application.had
• been made to the Defendant to make a becoming
- apology„ not in the vulgar way, of publication in a
Newspaper, for that, the Learned Advocate said;
should be left to Draymen and such like, but hand_

,
soniely before those persons of condition who heard
the slander; but . this the Defendant. refused—be
hoped therefore, the Jury would mark their .sense
of this case ky serious Damages.
It appeared in evidence, that the Defendant
uttered these words .of the Plaintiff, in the hearing
of two or three servants in.-the yard of the Post
Office,. and that, when the conversation became too
noisy, they drops it for fear of offending their