The Sun.
London, England, 1803-04-19 00:00:00

TM THE.ITR.

odicl

they

1.IY!
°PSI
(II bli

IJ5c
;;,lily'
„t r•e.
Vice.
was a
01

I.
ip(l V
fil')tl~lt

;ICC c)tl

6°'.,
'll
10 r%„,"
VC ndi.

l s ~,_

in4d/re
sl`c'
Otis°,
al' 111‘

st 0'",14
10'1
1,

tf:
orrf.i
pit
t"
:hitrc.il
fumes

- ,
Tilt new Comedy of The 141ai'ria,i;e Pro.w; to
has made such an impression on the- Public;
th it it drew a larger Aildience to Drurri.lane
Theatre last night than on its fitst represents_tion. It is, as we have said, a very interesting
and a very diverting Piece, ,and it receives most
admirable ,support from the Performers, particu-
. 144 BANNISTEIt,'Mrs. JORLYAN, POPE, C.' KENT 7
it.a, Mrs. POWELL, and DOWTON. The Author
has very laudably expunged; and softened every.
thing that was objeftionable on its first appearance,
and in point of mural tendency, and ludicrous effett.
it may be said to be much beyond the generality of
Pieces which have for some time been submitted to
the Public. .We shall- be egregiously mistaken,
if the intrinsic merits id' this Drama, and the m,
to fence. of the representation do not render it an
ObjeEt of great popular attraeliuni

GRAHAM had a very crowded Benefit last night
at CoVent Garden Theatre. The Opera of Abroad
eitsd at Home, was represented on this occasion,: with
The Follies of a Day. He introduced a variety of
songs, which he sting with great excellence, and
strengthened the Opera• with the a4ldition of STQ-
RAC E and Mts. ATKINS.

FAw cs 7 r does nor resume the management next
season at the Hay-marker. He is engage( At
many Provincial %Nat res. 404,Liwili, most. proßably
ea}) a large summer harvest. •.

COOK E asked a brother Anor to Sing an air for
Lim on his Ikriefit, but met with a refusal. Coo KE,
however, is deservedly a man of note, and we hope
his. benefit will go off to some ale.

•
Another p.vgillistic contest lately look place be,
tween two sworn friends of Covent.Gartlen Theatre.
It was, however, a drawn battle, though report says
that one of the- ky.statiders had a knock down Holt).
It is sail that KEM BLE has relinquished his en-
gagement in Ireland, in 'consequence of his success
at Bath and Bristol. This report, hOwever, is pro.
haply nut true, and he is likely to -pass the Summer
in Ireland.-
Though the new Comedy of Vie 414rriage Pro-.
-rwrii.ah6unds in moral and .sentimental pas ages, a
.Morning Paper insinuates that it comes from Pld
•

We advise the ConduCtors of the Opera.house,
instead of using tix cascades, and tissue ri.imlets; rir
follow the example of the Drury-Lane Managers 4
few years ago, and introduce a real sheet of water,
fnr the purpose of giving the Puppies who disturb
the performances a gzod ducking.
'The celebrated CItESC RNTI NI is engaged for the
Opera-Honse next season.-,--The famous DAVIDE,
who was in this Country a few years ago, is also
Laid to 'be engaged, as well as SignoraGitessrNl.
The report of 13mAtt..tr,t and STORACE being en-
raged at the opera for the next season,. is un-
founded.

Mrs. BrLiANGTON is not engaged at tll6 Opera.
I-low:for the next 'season.

. , .
OLD INNs.--The following Inns, still exisfing,
a .
re mentioned .in the iter Carohnum, or list of
places at which the unfortunate CHAR Las the First
mopped, during his Many marches and,jourtsies be.
tween 1642 and 16+6:
13urford, the George, Monday time t 7, 1644.
Andover, White Hart, FridaY, Ott. IS, 1644.
liongertindellear. . Sunday, Nov. tz, 1644.
Davetitry, Wheatsheaf, Saturday, June 7, 1645.
titaintord, the. George, Satiirdit7, August 24. 1645•
11uritingnon, the George, Sunday, August 23, 1645•
• Leominster, Unicottt, Friday Sept. s, 1645. •
Dom.:ham, Swau„Fliday, May' t, 1646.

•
THE ARTS.—Mr. Kett Pa refit; whose patri.
()tic zeal keeps pace with his genius, has liberally
fqoposed to paint six large, historical Panoramas,
representing heroic achievements signalized in
the Armal* of this Country. The profits 'of a
public Exhibition of these works he. wishes to de_
vote wholly tot% ads the support of, the Military
Asylum now erecting, 'British History abounds' in
such atlions as refit& the highest honouk on our
COuntty. The subjeds he leaves to the seletlion
Government, but
.those which he -himself hat
pointed 'our, are, The Battle of Agincourt, The. de.
-1;711 of the Spanish Armada, one of MARLIIO.'
TOUCH'; most celebrated vis3ories; .The Siege
,of
(;16raltar, The Defence of Si. jean D' Acre,
;Ind the Battle of
.Alexandria. The modest
and ingenious Artist, however, is rather in.,
dined to leave the. choice •or subjed entire..
IV to a Committee to be appointed.for that purpose.;
All the return he requires for his labours, is merely:
the casual expence ;mewling the execution 'of such:
grancf.usd intereSting produaions, which .would, no
tlouSii tend to increase the heroic and .patriotic
drdOur of his Co;intrymtn. • liaviog alreadr.paini-
ed the Battle. of. 41exa,,zdria, he offers thAt free of
expence. There is so much Public 4ibirit
proposal, and !he genial of the IStitit is,ho‘wAll
.fittra 'tt) do j,..4rii.&:to tle'undertiking, that
cerely hope it' will •be thought wurthyHof the. pi-
.
Aronage of Government.

the Shoat Parson, was con,vined. of
forgery, and who was ordered fur transportation,
4liedJast week at. Portsmooth, after being removed
from N ewgate fur the purpose of being conveyed to
tany Bay.
'• A curious digeovery was lately made near the
city of beux.Ponti... During" the late war, the
I)Tl4sians'had been encamped'tor a lniig time in the
woods of Ca.sel, which they 'destroyed, except'
1)111° trees which they. lett pntOuched. One of
these ttees having. been lately • sold, the buyer
wanted .toliave k tiOw". When it • vas cot to
7""in tlei,,th, it split of itself, and shoved a map%
'.7.eit'"4"cw head was covered with the remains
t's liar, and the body wrapped in some ohl rag.
purse was near hirn, halt rotten, and which-con..
tamed itbutat one hundred Louis d'Or. The buttons
unki pieces of cloth which 'remuined, and which
seemed to have made a part of a Prussian uniform,
fender it -probable that an officer of that nation,
!)4ving got:upon that tree in the dark, withotit be.
?it ahleito see that it was holldtv, had fallen to the
button of the trunk, where he wits starved to.
t.eatn,
Receipt of Customs, at the Port of Kings.
"" upon 110; lao year, :Jr:minced tP I;car.lY •

LAO/ REPu.U.

COURT OF KING'S BENC.II.-Av 11

tr,TlNii;s I.oltri F.1.1.1iN,80A0t71:!!, AN I)

jualLs IV culLbtiALL,
CART°, v. VAUGHAN and ANOTHER.

Mr. PARK opened the case for the Plaintiff, -Ahe
substaneeof which was shortly as follows : The
Plaintiff is a native of the Isle of France in the East
Indies ; the Delendants,Messrs. Vaughan, are mer-
chants of perfel respedability in London. .One of
the Defendants and a Mr. Spooner, who is an Ame.
rican, fitted'out an adventure far the East Indies
in the ship Susan, and when she ;irrived, she put
into the Isle of France, and there-the Plaintiff lent
_Mr. Spooner a large sum of money, that is, between
soool. and 60001. to enable him to prosecute the ad-
venture. When the ship came to Europe, she was de-
tained here as an illicit trader, but afterwards re-
leased. The
.Plaintiff afterwards went to America,
but Mr. Spooner not having the means to pay off
this debt, on account of the detention of the ship
here, transferred to him his interest in the moiety
of the ship and cargo,- on which the Plaintiff pro;
ceedeil to give diredions to the Defendants here ;
he desired them, by letter, to,correspand with a
Mr. Chappreaux, a Merchant at Hamburgh. The
Defendants, not attending sufficiently to the terms
of the Plaintiff's letter, Mistook the meaning of
it, and so nut only corresponded with this Mer:..
chant; but paid over to him this sum of money ;
and the question now was, Whether the Plaintiff
was entitled to recover this money of the De.
fendants, which they have already paid, by mis-
take, to Mr. Chappreaux ? It was expressed by
the Plaintiff in a 'Subsequent letter, that his wish.
was, that the Defendants should keep this money,
subjed to his order, paying him interest for it rn
the mean time; but hefore they received this letter,
they had allowed Mr. Chappreaux to draw on them,
which he did, and received the money.
There was no doubt whatever upon the fds,
the Defendants had merely mistaken the meaning
of the Plaintiff'S first letter ; they had inadvet tently
conceived, that the Plaintiff meant they should re.
mit. the money to Mr. Chappreaux, when he only.
directed that they should correspond with hint, and
that was the whole of the case.

Lord EL LT NB ROUGH observed, that no itn.
proper motives could be ascribed to the Defendants
in tbii case, and that it was a hard one on the De-
fendants, yet the law must take its course, and that
course was for, the Plaintiff to recover this money
so paid by the Defendants to another by misappre-
hension; and therefore there should be a verdiet for
the Plaintiff to that amount.

The money was paid on the 24. th of July, 'Soo,
by the Defendants to Mr. Chappreaux.
It was contended that interest ought •to be paid
on it to the present time, and Lotd EL LEN tottutrott
was of opinion, that the Plaintiff was entitled to
interest from the date of his second letter, by which
he informed them that the money might remain in
their hands- upon interest, for that he was entitled
to state, and then did state, the terms oo which
.the money should remain with them. If the De.
fendants did apt chose to pay the interest, they
ought to have given the PlaintiW notice that they
did not (Antic it, and then he would have had an
opportunity of disposing of it as he pleaheti.
One of the Gentlemen of the Jury observed, that
the Defendants had had nu Opportunity of giving
the Plaintiff notice, becauSe they had remitted the
money•to.theHamhurgh. Merchant, before they re-
ceived.the Plaintiff's second Jetter, iolorming them
of the terms. on which the money Was to remain
in their handi.
Lord ELLENBOR.OUGH observed, that however
hard the case might be on the Defendants, yet the
misunderstanding would not excuse them.
• Verdi& fur the Plaintiff' for the original sum,
59581., with interest frOm the 4.th
.01 July 1800, to
• the present time.

HOLMES CHALNIERS AND OTHERS.

The Plaintiff is an Insurance Broker, and the
Defendants are Assignees of the estate and.effeds
of aperson of the name of D'Olivares, a Madeira
Merchant. This Aelion was brought to recover
;9671. which was the amount of premiums they had
paid at the request of the Defendants, as Assignees
of D'Olivares, who had afterwards become bank-
rupt. These were for insurances on the ships of
D'Olivares, which were then at sea, 'and by:which,
of Course, the estate of the bankrupt was to have
been profited.
The Defendants bad no Objelion to pay this de.
=mil, provided they had his L!?rdship"s sandion
1.,7r it; but the difficulty they had, arose from this ;
that at the' time When they, gave this order to the
Plaintiff to S re,, although Creditors, they , had not
'been stppointel Assignees, ..oki therefore, they were
doti hiffiiiwbeihen,hey had a 'tight' to pay these Pre.
miums of Insurance out of The Bankrupt's estate.
Lord Et.t.essnoßoudit thought, from the n'um.
het of Admissions that were read,, for it was a case
upon Admissions, that the Ddeodants were per.
socially liable in this case. The further question,
whether they had a right to pay it out of the Bank.
rnpt's estate, depended on .bother consideration,
which he would not now decide. Here the De-
fendants appeared to be liable to the Plaintiff, on
their ownicogagements';, whethet it should ulti-
-. maid's, come out of the Defendants' own pocket, of
out of the estate of the Bankrnpt, he could not say,
but he hoped it would be.out:4 the e,tate of ;he
B.ankrupt.
Verdiet for the Plaintiff to the amOtint of, the.
Piciniums. • .

GRIFYIN s). KENSINGTON.

The Plaintiff is a Butcher; the DeferiJant a
Banker ; and the atlion was for meat supplied by the
Plaintiff fur the table.of the Defendant.

to
The engagement between the parties aprearrd
be, that the Plaintitrs.bill should he paid c very
week--•which was' cimtinued for some tune, and
afterwards the payments were discontinued, and
the Plaintiff continued furnishing the house of the
Defendant With meat, and the bill for which was
471. exclusive of iol. Which the Plaintiff had since
rceeive4 of the Defendant as a 10an.4 It air-axed that