The Sun.
London, England, 1804-01-12 00:00:00

4.11 k. REPOi:T.

COLJEf OF KING's BENCH.

SITTINGS AFTER TERM BEFORE LORD ELLEN.

BOROUGH.

BYRON V. BURNETT.

Mr. GIBBS observed, that this was an Allion on
a policy on the goods on board the Eagle. It ap-
peared, that after she had sailed, a great parr of the
cargo was changed at sea, and therefore, as far as a
new cargo was put on board, the Underwriters ne-
ver were in any risk, and therefore that would en-
title him to a return of premi.7.4m. -
Lord ELLENBOROUGH asked him if he sought
to recover back the premium on the ground that
the Underwriters were nor at all on the policy ?

Mr. GI sus said, he admitted the Defendant was
on the policy to a certain extent ; but he sought to
recover back the premium on the ground of a short
interest. This was the case of a short interest, in-
asmuch as the policy was on goods to the amount of
40001. and there were of those goods on board only
to the amount• of 13501. and therefore, in that pro-
portion, he conceived the Plaintiff entitled to a re-
turn of premium.

Lord ELLENBOROUGH.—" You say there were
some of the goods on board, ,and therefore the po-
licy attached ; but you say it is the case of a short
interest ?"

Mr. PARK said, unquestionably many of these
goods were not on hoard when ''‘,lle Eagle sailed.
Mr. Grßns said, he had no, objection to refer it
to any Merchant so say, whether, under all the cir-
cumstances of this case, the Plaintif was entitled to
a return of any, and what premium, for short inte-
rest.

Mr. ERsKINE contended, on the part of the De-
fendant, there could be no return of premium under
the circumstances of this case. He meant to con-
tend, there was a fraud in this case from the very
beginning, though he had not taken the opinion of
the Jury upon it.

Lard ELL.ENBOROUGH said, this was the case of
an over insurance.

Mr. EitsKINE contended, that wherever there
was a disposition to defraud the Underwriters,
there could be no return of premium. And here
was a manifest attempt to defraud thee.
it was at last .agreed.by the Learne ounsel
both sides, that it should be referred to Mr. Barn-
well, une of the Gentlemen of the Jury, to say,
whether the Plaintiff was entitled to any, and what
return of premium, for short interest..

I AIRLESS v. HUNTER.

Mr. ERSKINE said, this case lay in a very nar-
row compass. It was merely for his Lordship and
the Gentlemen of the Jury to ascertain the correa
mode of admeasuring a quantity of mahogany which
had been imported into this Country from the Bay
of Honduras, in the ship lames and Rebecca. Ac-
cording to one mode, and the correa mode of ad-
measurement, the mahogany in question amounted
to. x 88,163 feet . II inches ; but according to the
common mode of mensuration, it only amounted to
169,070 feet 4. inches. The quantum of the freight
would depend on which of these calculations was
deemed the correa one.
One of the Gentlemen of the jury said, there
were sworn Brokers to measure this mahogany, in
respect'}to the freight.
Mr. Gent was the only Witness called in this
case, who said, he had measured this cargo of ma-
hogany in cubical feet, and is amounted to 169,070
# feet 4 inches. He measured it in the usual way. •
Lord ELL ENBOROUCH.---" Is that the constant
mode."
mode of measuring it ?"—A. " It is the constant

Mr. ERSK IN E contended that was an incorrea ad-
measurement, and that the Plaintiff was entitled to
freight according to the real' contents of the maho-
gany on hoard his Ship.

Lord ELLANnoßouct-t sail, people, in making
their contrads, entered into them on the footing of
a certain measure.

Mr. EttsittNE said, the only question was, wile_
they this Mahogany ought to be measured according
That is the constant
to
Ltlolerdtrpu:tLhL—ENacßcooßrdoityngcHt(:_it,s,real contents ?
mode. Mr. Gent, you have never measured Ma-
hogany imported from Honduras in any other way ?"
—A. " Never, my Lord."
_ _

Lord'ELLENßoao UGt-1.-" Shall we now set up:
another mode ?"

The Defendant had paid according to that ad_
measurement, and therefore the Jury found a 'Ver-
di& for the Defendant.

SPORTING.—T. H. D. Esq. M. P. has betted
the sum of zoo guineas with H. W. Esq. that he
produces six men who ply usually on the River
from Rotherhithe and upwards, to row in any
boat which they shall think proper, against six
men who usually-ply on the water at Gravesend, in
any boat which they also shall think proper. To
start from a bOat anchored oIF T. H. D.'s wharf, at
Rotherhithe, to go round the Norelight, and return
to the same boat. The names of the men to be de-
, dared on January the zoth ; but in case any of the
said men, so declared, should be taken sick, or
otherwise prevented performing the above, then
either party is at liberty to choose a substitute or
substitutes.
The following melancholy circumstance occur.
red at sea, off Newhaven, on Monday se'nnight ;
As three young men, named Smith, Baker, and
Lee, the most skilful Pilots belonging to that port,
were going off to some colliers, lying in the
Road, for the purpose of bringing them into the
Harbour, their boat, being heavily laden with
ballast, it is supposed, shipped a quantity of water
and foundered, by which accident the poor men
were all. unhappily drowned. The Master of a
Vessel who,came into the Harbour on the same day,
stated, that he saw a lug.sail boat,, with three men
on board, about a.league from the shore, .which he
suddenly missed, but without seeing her go down.