The Sun.
London, England, 1802-12-29 00:00:00

L.NV .REPORI.

COURT Qt? COMMON PLEAS, Dze. 16.
WISINGS BEYORL LORD ELLENSOROUOH ANU' A. SPECIAL
JURY, IN GUILDHALL, LONDON.

NI/CELLA 1,. DENNYS AND ANOTITER.

As several inaccurate and erroneous reports have
been published, in the Newspapers of the Case of
Nucella against Dennys and Another, tried at Guild-
hall, on Thursday the 16th inst. before Lord AL-
VAN,LEY and a Special Jury of Merchants ; and as
this was a cause of great importance to the commer-
dial world, respetting the liability of Partners, it is
thought proper to give the following account of it,
which may be depended on, the fads being taken
from the notes of the Short-hand Writer who attend..
ed the whole of the trial.

This was an Aefion brought by the Plaintiff to
recover from the Defendants the value of soooi.
3 per Cent. Co6sels, lent their House in January
last.

Mr. Serjeant CocKELt., in opening the Plaintiff's
Case, obse,rred, that for some months previous to
the loan/John Hatfirld had been the active Part.
ner of a respeCtable house of trade at Tiverton, of
which the Defendants were Partners also ; that he
was an unsuspeCted character till he absconded in
May last, and accidentally met the Plaintiff, who was
formerly at the Bar, and is now a Merchant at
Hamburg, in Autumn zBot, at a mercantile house
at liirmtngham, for the first time ; that soon atter
he introduced the .Plaintiff to the Defendant Den-
pys, the senior partner in London ; and a merean_
tile transadion took place between their two houses;
that the Plaintiff was introduced to several of the
Defendant's mercantile, ‘conneCtion,s by Hatueld,
who being the sole and acting Partner in London
in January last, requested the Plaintiff to lend his
house a sum of money or stock, which he did, by
transferring to his name soool. 3 per Cent Con-
sols, whereupon he gave the Plaintiff the following
undertaking :
London, Tuesday January 19, 18(32.
•

acknowledge to have this day received from Edward Nu-
cella, Esq. Five Thousand Pounds Stock in the 3 per Cents,.
Consolidated annuities, which I promise to replace on de_
land, with legal interest, for
DENNYS, HATFIELD, and D&NIVYS.
JOHN HATFIELD.

After the words, legal interest, were written
" 4. per Cent on the real capital of 35001."
He further stated, that Hatfield immediately
transferred the Stock to Mr. Barnard, one of the
Partners of their Bankers, Messrs. Baron Dimsdale,
Sons, and Co. :with whom Hatfield had no private
account, and that the produce of the Stock came
to the Partnership use.

The material, fads of this Case were fully prov-
ed, viz. Hatfield's .being the ailing Partner in
London; the mercantile transadion previous to the
Loan ; the transfer of the Stock from the Plaintiff's
name into that of John Hatfield, 'in January; the
undertaking 'to Hatfield's hand-writing.' • the
immediate transfer of the sane Stock to Mr. B.

Rik-tiara ; that'. it vas sold out by him on the
stli Febr;rwry last, and its produce s+Bll. 53.
• placed immediately to the credit of Dennys, Hat_
field and Dennys, in consequence of a postscript of
Hatfield's to a letter dated ; 3th February from the
House, directing Mr. Barnard to sell my soool.
Stock, and place it to our account ; of which, he
advised them by letter• the same night. That the
account of Dennys, Hatfield and Dennys, with their
Bankers was in arrear, at the time of selling out
the Stock; 20001. arid upwards; and that Hatfield
had no seperate account with them. The regular
service of the notice to replace the Stock was also
proved.
• Mr. Serjeant SHEPHERD, for the Defendants,
began his Address to the Jury, by saying, be
' should abstain from making any one observation
that might hurt the feelings of the Plaintiff in this
Cause. With regard to himself, he could truly say,
he never got up in a Court of justice to plead
against the interests of any Gentleman, with more
regret, than he did against, Mr. Nocella ; but,
feeling that he should be unworthy of the gown he
wore, if he could forget . the important duty he
owed his Clients, he must not, from tenderness for
therfeelings of the Plaintiff, spare any observation
that might arise from the Evidence laid before the
Jury. He then proceeded to state, that the Plain..
tiff had been very intimate with Mr. Hatfield and
his family, and passed several months with them at
their house at Washfield. That there subsisted a
degree of friendship between them, which there
could be no doubt was sincere on the part of Mr.
Nucella. .He did nor mean to say, that the Plain-
tiff had imposed on the .Defendants, or any thing
like it : or by any means ,to impute to himohat he
intended, knowingly, to forward any of Mr. Hat.

-
field's fraudulent pradices : but he had been im-
posed upon by that man as the Defendants-were.
'The Caseshe was instruded to lay before the jt.ry
was, that Mr. Nuceila iutended to lend the Stock'to
Hatfield only,. to make part of the capital which
he was to bring into the partnership; and never
thought originally of lending it to the House :
but was" now attempting to fix the Defendants,
through the medium of a.. Rule of Law. That
the Defendants knew nothing of. the loan till
May last, after Hatfield had absconded. That
originally the instrument was signed J. Hatfield
only, and that the words Denny: and Denny: and
John Hatfield at the bottom were inserted after-
wards ; and that- the word Hatfield, between the
words Dennjs and Dennys, was written with blacker
ink than these latter words. That the interlineatibn
of the words, 4 per cent, on the real capital of
35001," was the Plaintiff's hand.wtiting; and he
insited, if -those words had not been inserted, the

. •
contrail. would have been usurious. And he should

prove most distinctly the instrument did stand oti-
ginany with legal interest, and w:-bout the words
4. per cent. And lastly, he should prove the Plain.
Jiff had said, he had lent the 500°1. stock to Hat-
field; r:nd that he had lent it to Hatfield, without
the ..nowledge of the Dennys's.
From these fails, he took two grounds of argu-
tr.lent against the Plaintiff's recovering in this ac-