The Sun.
London, England, 1804-02-11 00:00:00

BLUNDELL V. JONES.

A Rule had been obtained to shew cause why an
Award should not be set aside, which had been dis-
charged with costa between these parties.
Mr. GARttow now moved, that the Rule might
be restored to the Paper for the first day of next
Term. The Learned Counsel informed the Court,
that the LORD CHANCELLOR had postponed his de.
cision on an Injunction in this cause, 'until the re-
sult of this reference to the. Court should be known.
Mr. ERSKINE skewed cause against this Rule.-
13.1 _the .first- instance,. he. re.441,:a-ct:rious - letter- from
Mr. Jones, the Defendant, wherein he advised the
Plaintiff to come to 'terms of agreement, as-the Law.
yers would gluttonize-on the oyster,' and leave to
the starving parties the empty shell. He said the
only oh:lea of the Defendant was, gain time on
an award; to whiA he had not-made the least objec_
tion.—Rule granted, on bringing the mney into
Court.' •

BENBY LUSHINGTON.

The Defendant was partner in the house of Orin&
Goldin), and Lushingron, at Madras, :The Plaintiff
chimed 1,0501. and interest from the Ist of januaty,
SO3, to which the 13,1endant objeCied, Ort 'the
groUnd that he had quitted edl concerti with the part.,
nership„ The present resort to the Court was for a
Rule to shew cause,
,why a Mandamus should not;
issue to the
,Su,.reme Tribunal of Madras, to' ho!d
Court for the examination of Witnesses, for the
above Claim.

11'Ir.F.ttst.iNE objeEted to this application, on the
principle connected with the Statute, that where the
cause of adion arises in England, a Mandamus can.
not go for such testimony in India.
Mr. GARRO w, Cur the Rule, said, that the cause
of adiori arises long before the goods arrive in India,
under an order transmit med from thence to this coun-
try for such goods ; and although the partnership is
dialiiAved, he said that the Defendant was liable, be_
cause it was nut dissolved at the time the order was

. .
given.
Lord ELLENBOROU-GU.—" The goods are your
own, as soon as they are on board the ship. Take
a Rule to anew cause,",,

COURT OF COMMON PLEAS, Ftn. g.

HARMAN V. WALTERB.

This very important case this day received the
decision ot the Court.

The Plaintiff, Capt. Newman, was a passenger
on board the ship Berseyi bound for the ,West Lndies
in the month of April, tBO2, and as we have al.
ready stated, by his exertions -brought her into
port, when deserted by the Captain, The case
having come to •be tried befoie Loid ALvANL-EY,
and a Special Jury of Meichants as Guildhall, in the
Sittings after last Term, the juryt,found, that after
she had been deserted by •the Captain, die Plaintiff
had, at the request of the passengers and. crew,
taken on himself the rmnagernert the vessel; 'and
that by his ,kill, industry, and ext-rtioriS,, she lrad
been conveyed safe in o Ramsgate ; and,--on4his
finding, gave a verdict for the ,titaintili,
triages.,

Mr, Serjeant.Cocx nu, having on a former clay
applied fur a Rule to sheer cause why a nonsutt
should not be entered in this case, the Plaintiff
ing done no more than .wa' incnmbent on him as a
passenger on board the vess&A, which he was bound,
both from motives of humanity and from regard to
his personal safety, to do every thing in his power
to preserVe; •

• Mr. Setjeant SHEPHFRD /slimed cause again,q
this Rule. He zppreheicieti that 1:le tittding of Ole
Jury, or which their vtiiliCt affureicd--1

'~