The Sun.
London, England, 1804-12-22 00:00:00

COURT OF KING's Ne. 30. •
4-41/10011 atioitt uoßn CLLINDOPOUGH AND srEcim..

]cater, IN GUILDHALL'

CUMMING V. THOMPSON.

This was an Action on a Policy of Insurance made
by the Defendant on the Schooner Nary, from Bar.
hadoe,, to Cork, which was captured on her passage
.by a French Privateer.
Mr. ERSKINE said, that it was admitted, on the
part.of the Plaintiff, that a letter, written on the
1011 t 'January, 1804, by the owner at Barbadnes to
,his agent in
,Louden, direaing the Insurance to he
0,4,1 e, and which was received in this country on the
29th of March, when the Policy was immediately
o,wed, had not been communicated to the Defen.
dant at the time he underwrote the Policy. It was,
on the other hand agreed by the Defendant, that the
Protest
,taken should be esteemed evidence of the
capture. This mutual concession would bring the
question within narrow bounds. The letter from
the Owner to his Agent here, dated toth January,
tote that thevessel was expected to sail fromßarbadoes
in three weeks, or at farthest a month, from that
date.; and if a man, of war did not at that time
present ,itself as a convoy to guard her 'from the.pri.
vatecre among the Islands, that the Owner would
entrust, her to the care of some of the large armed
vessels, which he knew would be sailing about that
. tune.. This letter arrived on the agth March, on
which day application was made to the .Defendant to
underwrite the Policy, but, which ht did not sign
sili the loth April. The defence which he under.
stood was to be set up, indeed the only defence
wjtich he could figure, was, thatltheAressel. must,
from the tenor. of this letter, which had not been
communicated to
,the Defendant, have been presum.
•col to be missing, at the time the Policy.was under.
written. This, Mr. ERSKINE said; he should he
able itoShew, fr,an the general understanding of per.
eons in the trade, could , not have been in the con.
templation of the Agent who applied to have the
Policy executed, or of the Defendant, had he been
aware of .the contents of the letter at the time he

underwrcee.the Policy. The only reason then for
ins.erting a warranty that the vessel should pail be.„
fore the Ist of August,. as had, been done, in this Po.
'icy, must have proceeded. from thia..eirs:umstance,
that the hurricanes commencing generally atrer
that period, greater risk attached to vessels which
did not leave the- country,previcius to the set of
August. •
The Clerk of the Plaintiff's Agent proved, that
on the aoth March be applied to the Defendant
to execute the .Policy, which -was signed on the
*oda April. He admitted that the Defendant ask.
ed him, when' the vessel was to•Oiail ? to which he
gave for answer, that he was not positive. The
Defendant then asked, if ,he was to warrant its
sailing'before the Ist of August ? which the wit.
nest said was his intention, when a warranty to that
effect - was put into the Policy.
Several Captains who had long traded to .the
West Indies said, that seven or eight weeks made
a good average voyage from Barbadoes to Cork,
and that a vessel expeded to sail on that voyage
three or four weeks from the toth January,
could not on the •ris -‘ March he enottiAesett
thhiing ibip.
Mr. GAitROW, for the Defendant, contended, thit.
till once the title " Conttaimnst" could be ex.
purigeti from his Learned Friend Mr. Parke's Book
onlosurance, and from every other book which had
ever been publisheclon the stilled, it would be on.
necessary for him to spend many words to shew that
a claim under a Policy like the present tould not he'
maintained. He would recommend it to every Gen.
tlematv about to apply for having a Policy of In.
simmers underwritten, to follow the advice of his
Learned Friend Mr. EttsliNr) in another east--to'
empty the bureaus of every paper at all conflated
with the business, and to submit them to the perusal
of the parties intending to underwrite, thatan equal
advantage and an equal understanding might exist
on all sides before the execution of such a contrail.
But, if such a pradice were nor to prevail, he would
recommend to his Learned Friend, Mr. Patrice, on
the, authority of the •ease now before his Lordship
and the Jury, in' addition to the title " Canted.
mew," to add, as a 'stanch, anti a necessary one, of
that comprehensive tarn in his valuable book,
errant of f.t planation." Here it was .notorious
the agent. for the Plaintiff was in possession of the
probable time when the Vessel wished to be insured
would sail. Was it not his duty to have explained
this to the underwriter ? At all events, being him.
self in possession of the knowledge that the Vessel
was to sail several weeks before the period of incur.
WrO he entitled, when questioned as to the
time of to say he was not positive; and to
allow th'e• Defendant to insure a Vessel which must,
10 1114 knowledge, have sailed at least two months
before ; as if it hati not then, and Might not, for
months afterwartlq, or until the first of August,
have quitted the port from which the Polity was
to operate ?
Here Mr. GARROW was interrupted by Lord
ELLANHOSOUGIi, who said. that its the present case
not only had some concealment been pradised, but,
even when a question was asked the proper infor-
mation, which too it was in the power .of the agent
fur the Plaintiff' to have given, was withheld.
The Jury immediately found for the Defendant.

Certain snares of MOM V stirred to coiner proprietors,
which it was their wish to endeavour to redeem
with themoney which they had thus received from
the Plaintiff, but which they enuld not accomplish.
In this situation the Beatsons executed a bill of sale,
in favour of the Plaintiff, ofthe Ship Atlas, which
was duly executed on the 9th July, 1803, and the
indorsement on the oath, and other necessary for Ma.
!idea, so far as required by law, and within the
'sower of the Plaintiff to perform, within to
days thereafter. The Vessel, however, was then
abroad ; and it being requited by the 'Earl of
Liverpool's Ad, . that when the sales of Vett.
sets are executed when abroad, an indorsement
should be entered on the back of their register at
the Cut tom.house within ten days after its arrival
in a British port, the Plaintiff used every exertion
to prevail on the Beatsons, and Thomas Musgrave,
their Captain, to'bring the register to the Custom
House, to have the indorsement put on it, but in
vain: The vessel arrived on the 17th oiDecem.
ber, and it was the a9th of that month, after yield.
ing to numberless exadiona of William Beatson,
belle the Plaintiff could prevail on him and his
Captain, Thomas Musgrave, to execute the in.
dorsement on the register. The Beatsons after.
wards became bankrupts ; and their Assignees,
availing themselves of the delay of twodays be.
yond .the period prectibed by the Mt, within
which the indorsement un the register had been
eXtelltvii, brought as, Action of Trover, which had
been tried before his Lordship. The MI seemed
to his Lordship to admit of no ambiguity. It was
shewn that two Sundays anti a holiday had inter.
vetted, ,but his Lordship had not observed that lei.
ther Sundays or holidays were
.excepted in. the MI.
A vertlid had therefore been found fur the Assig.
flees, by which upwards of t 1,0001. bola pa ad.
vanced by the Plainiff, nn account of the convey.
ante of the ship in qaestion, was taken from him
without any consideration whatever. It was,
however, recommended to the Plaintiff, by Gentle.
men well skilled in the equitable course of pro.
ceedingi in this Country, that the Court of Chan•
eery would affard redress against so manifest and
palpable a wrong. Recourse had, accordingly been
had to that Court, and the opinion of the Lord
Chancellor was, that 'although;he, like the Judges
of this Court, was ,bound by. the law, which was-
undoubted, still if a case in point of faftcould ,he
made out, thata manifest fraud acid wilful wrong
had been committed, it was within the juris.
'tlidion 'of this Court to grant redress. He had,
therefore, sent it to the fury in this Court to find
the matter in 'fad,
,".4 Had 'Wm. and John Beation.
and Thomas Musgrave wilfully and fraudulently
prevented the Plaintiff frorn getting the indorse.
ment on the register completed within the time pre.
scribed by the At of Parliament ?" In what re.
aped the Plaintiff had been prevented, was of little
consequence. The consideration which he had
granted antecedent to the execution of the articles
of the sale was a valuable one. The sale was grant.
eti unconditionally, and so far as within the compass
of the Plaintiff's' power to give it effed, had been
rendered complete in due time. If, therefore, the
Demons, or either of them, or their Captain,
Thomas Musgrave, had been guilty of 'any at. to
prevent or impede the. complete execution of the
sale, such fell within the issue submitted by the
Lord Chancellor to their consideration,, and such
they accordingly return to him as their find.
ing On the matter of fad.
William Beatstin was examined, who said, that
the vessel arrived in port on the 17th of Dream.
her. ' He immediately afterwards called on the.
Plaintiff, inforMing him of some of the Bills having
been dishonoured ; and requested hins to put mat.
'teril to train for having them paid, that the indorse.
ment on the register might be executed. at the
CUstotn.house. The Witness was particularly anxi.
ous on the subjeCt, as his commercial existence de.
pended on the line of conduFt pursued by the Plain.
tiff. He was threatened, not only to be arrested,
but to have executions in his house on account of
those dishonoured Bills. He did make the Plain.
tiff's compliance with his terms a part of his agree.
ment to execute .the indorsement at the Cus.
torn.house ; and he thought himself, as an honest
broker, warranted in doing so, as he did not
conceive that he was hound for bad paper ru execute
a good conveyance of his ship, to the prejudice of
his other creditors. He, however, admitted, that
previous to the execution of the articles of sale,
which were unconditional, the Pkintiff was ere.
ditor to the Beatsons in 40031. Tad that, of the
other 70001. upwards of 50a01. hail then been paid.
On the 23d of December, the witnest said, every
thing Was agreed between him and the Plaintiff.
The witness, however, was not able that day to
meet with Miisgrave, who had the register in his
possession. He informed the Plaintiff of this cir.
cumstance, who said he would nu longer trust to the
witness, but' would look after the business himself.
The witness, Wowever, remained at home' all the
day of the 24th during Custom.Huuse hours, ex.
peEling the Plaintiff to call, but he did not, and no
interruption or impediment was afterwards put by
him to the indorsement of the register.
Mr, GARROW, for the Defendant, maintained
that, there was here no evidence which could
warrant the Jury in returning an answer in
'the affirmative to the issue submitted to them
by the Lord Chancellor. The Noble Lord who
presided in that Court was well known to be pos.
sessed of language capable of conveying his full and
entire meaning to any capacity. But could it be
said, that the evidence this slay laid before the Jury
would warrant them to find in terms of the issue
submitted to them ? Had the Lord Chancellor ask.
et' the question, Did a communing for several days
take place between the parties ? The evidence ad.
tiuced would have warranted the Jury in finding
such a Get. But what must they have declared in.
addition ? That then matters were completely
accommodated, Demon was then ready and eager
to have • indorsed the register ; that he waited
all day at home for the Plaintiff, expetting that
he would have called fur that purpose ; and that
the Plaintiff never had called till the days prescrib-
ed by the At of Parliament were expired,—This,

riainritt trom
getting the indorsement executed.—
After every misunderstanding had been adjusted,
the. day of the 23d, of the 24th, and (Wier two
days, during which Bearson was always.to be-found,
had elapsed, when the Plaintiff had never put him.
self to any trouble to get the indorsement executed,
and during which it could not be insinuated he 'had
in the most remote degree been prevented by the
Beatsons or Musgrave.
Lord ELLarttioaouou said, the articles of sale
were unconditional. If, therefore, W. Beatson had
endeavoured, however fair and reasonable the terms
might be, to impose on the Plaintiff any conditions
which went to impede or interrupt him in bringing
the business to the most speedy termination, he
was, in the terms of the issue now before them,
guilty of wilfully and unlawfully preventing the'
Plaintiff from having the indorsement executed on
the register at the Custom.house, within the 'time
fixed by Atl of Parliament. The evidence, how-
ever, went only to affea W. Beatson and Thomas
Musgrave.
The Jury accordingly found, that Wm. Beatson.
and Thomas Musgrave had wilfully and unlaiOully
prevented the Plaintiff from getting the indorse.
!pent on,the register executed at the Custom.house,
Within the time prescribed by the Mt of Patna.
meat.

COURT OF COMMOI4I.PLEAS, Dzc. 20.
•ITTING. A•r Inks liettrs, 11111,01 Lt MK. JUITICII CHAU.

Skit AND A SPECIAL JURY,.

MART Z. MINET.
This was an action on a Charter-Party, bronght
by the Captain of the Ship , to recover the
freight of the Vevief from the Defendant, who had
chartered it to proceed to St. Michael's and take
in a cargo of oranges solely for him, and not to
carry any other merchaodize.

SerieAnt SHErlitRI), for the Plaintiff, stated,
that in this case there were several issues joined,-but,
he believed, not more than one or two would be for
the consideration of the Court. He said, the De.
fendant, who was a merchant in the foreign fruit
line, had chartered with the Plaintiff, who was Cap.
tain of a small vessel, to go to St. Michael's, 'end
there to take in a cargo of oranges, and immediately
return with them to London, without taking in any
other goods or merchandize whatever. He said, it
would be his first business to prove the charter.
-party, and then he would prove that the ship did
arrive at the place of her destination, that she had
got part of her cargo on board, and that, before her
Beading was completed, she was blown out to sea,
where she remained tossing abotst for a considerable
time, and, at length, being unable to regain St.
Michael's, she ran into Lisbon, and was certainly.
obliged to remain there a long time, on account of
the very slow progress made by the Portuguese
shipwrights who were repairing her. He. said, he
would prove also, that he left Lisbon as soon as the
necessary repairs were finished, and that he went to
St. Michael's, but was there informed, by the cot.
respondent
.of the Defendant, that he had sent th 4
oranges by another vessel ; in consequence of which,
he was obliged to return to London in ballast. The
Learned Seryeant concluded by saying, that he
understood the defence set up by the Defendant was,
that the Plaintiff' had taken in other goods, contrary
to the charrer.party, and that the ship had been
under seizure at Lisbon on account of these goods
being contraband ; but, he trusted it would appear,
that these goods were only. a small present, left in
his care by the Captain of another vessel, to be•
given, on the first opportunity, to the American
Consul at St. Michael's, and that he was blown out
of the harbour there before he could deliver it.
Robert Preston, Mate of the William, deposed,.
that she was registered for sixty.three tons burden ;
that she had got eighty.aeven boxes of oranges on
board, when she was blown out ; that she was fifty.
eight days endeavouring to gain St. Michael's, but
could not ; that they ran into Lisbon on the 3d of
February. He then proved, , after detaining the,
Court for near two hours looking over his logbook,
char every exertion was made to repair the ship, and
that she was not finished until the Lath of April,
when she dropped down the River, to wait for a

On his cross.examination, he said, though she
was ready to sail on the t4.(lt, and though the wind
was fair, yet she did not sail until the 22d, and he
could nut give any reason for it. He then proved,
that they bad gone luck to St. Michael's, where,
not heing able to get a cargo, they were obliged to.
come to London in ballast.

Two other witneoes were called, who proved
merely that they saw the workmen employed about
the ship.

Serjeant Barr, for the Defendant, spoke at very
great length, resting bit case entirely on the unne.
cessary delay of the Plaintiff at Lisbon, A Gentle-
man of the Jury observed, that that delay must
have been occasioned by the Plaintiff's wanting
money to pay for the repairs ; arid that he knew it
was the custom at Lisbon, not to let a vessel out
until she could pay, or give security for the debts
cons rafted by her.
Mr. Justice CHAMMILIt summed up the evidence,
and pointed out to the jury the particular points fur
their consideration,

The Jury retired, and in abont quartet of an
hour returned a verdia for the Defendant, not on
account of his taking goods on board, but because
he delayed at Lisbon longer than WWI necessary.

CLIMINTS 4). THOMPSON.
This was an Milan on a Policy of Insurance for
2001. against the Defendant, as one, of the. Under.
writers of the ship Gorge and Kitty.
It appeared, from the evidence of John Fownes,
a broker, who proved the signiture of the ,Defen.
dant to the Policy, that he had received a letter
from the Plaintiff, stating that he had contraaed
with Government to carry bricks to the barracks
between Beachy Head and Dungeness, and desiring
him to eirea a Policy of Insurance for 4001. This
letter he *hewed to the Defendant, who was in that
line, and who underwrote for 2001.
The Master Of the Ship war then called, who
proved the loss of the vessel.
The defence set up by Serjeant Ban, for the De.

11

.••• ••ia. t. 1.41.11, 41111 11141,
he would not have become an Underwriter without
being paid a hazard insurance. The Serjeant,
therefore, h,iped, that on account of this fad being
concealed from the Defendant, he would obtain a
verdid.

II

ni

IC

II

11

idl

IU

Mr. Justice CHAMBRe observed to the Jury, that
the Defendant, as an Underviriter, should have been
acquainted with the coast between Beachy Head and
Dungeness, and that he thought the, letter from the
Plaintiff, was very fair and explicit. The Jury itn.
mediately lountita verdid for the Plaintiff—Da.
mages !col. 35. the difference between that ■nd the
tool. insured being allowed for salvage.

DFCROUR 21.

GUARANTEES.

PFFLE Z. HOIVON.

This was an Aaiun hrotight by S4r Robert Peele
to recover the value of a qu 'miry of goods furnished
to the Defendanr, who had Mentioned that The base
of Lindsay, Smith, and Co. would be his guarantees.
The goods were nccording I y furnished and charged to
Messrs. Smith, Lind.ay, and Co. These, however,
falling into bad credit, notice was given to Hodson
not to pay them 'for the goods which he had
bought of the PlAintiff. Hodson, however, irwould
appear, did pay them,, and 'they soon afterwards
bteame bankrupts,--Thevestion was, whether ,in
this case the Plaintiff bad a right to call upon flit
Defendant for payment, or was hound to take the
house of Lindsay, Smith, and Cu. as his 4t1)(4)r•
The Jury were of opinion, that he ha right to
have the value of hiS goods from-linds-,n, the
house of Lindsay and Co. had only crime in AS an
additional security. A verdin was ace,,rdinglf
found fur the Plaintiffifigei 3000/.
•

INSURANCE.

SCOTT V. THOMPSON.

This was an Anion'on a Policy of Insurance,--
Bath orties were agreed on the faets, but it involv-
ed a point of Law that had never been dNci,ied.
The Plaintiff therefore agreed to take 'a vcrdi:t sub:
jeel to the opinion of the C.'nrt on the point.
Verdict fur the Plaintiff—Damages 2001.

Saha Populi ruprema Lex.—ln 1795 HIS MA.
jESTY was graciously plessed to grant a plot os
ground to the HUMANE 'Sot I ETY, near the Serpen-
tine River, to erect a Receiving.house for the Fre-
servalion of the lives of the people.—The AsivA-
o EIS daily employ men to request Sinittrs,
avoid those ports where danger may ensue. The
Persons employed have.on their arms a Badge. in..
sc/ihed Humane Society. By the immediate aid of
the Assistants, and the Preservative Ladder, t•eve—
cal have been rescued fran under the irr• 3°43. re-
stored to their friends.—An Institution ra
humane merits the support of the Politic, as its ex-
ertions at . all seasons of the year are devoted to
save and restore human life.—Subscriptions, .4ic.
received at Baron Dimsdales anofee.hoose, and.d Ca..Dr.tunmond'at
Sir M. Bioxham's, Limbo C
No. 8, Spital.square.
•

R IR rff.
On Tuesday, at the Grnve, Sig/imam,
Ala, L37~, thi Lady bet:l-wig:it
br Lpattght or.

MARR lAD.
Yesterday, at St. Mary, Newington,. Mr. Samilel
to 'Linde, only daughter or Luke Wilda, Esq. of Kvq,
Road.
aat Roberton,n Thursday the (31k inst. Pembrokohire,,
Owen Phillipps Ssq. Lieutenant.Colunel.Comniandant ot
the Royal Pembroke ruzileers, to Scourrield. eldest
daughter of Henry Scourtield, Esq. of Robe in
the same County.

DIED
On the t2th inst. at Portsmouth, Lieutenant William
Askew, of the Royal Navy.
On Sunday Se'nnight, Boardman Ilroinhead, Esq. of Lin-
coln, aged 77, formerly Lieutenant-Colonel in the
North
Lincoln Militia. •
On the Loth inst. at his house in Chancery-lane, ad 31• ge
Samuel R0...e, Esq. barrister ut Law.
On Thursday last, at his scat near Richmond,Mr. Piga°.
formerly ate of the Direetors of the hank and India-houe.
The same day, at her brother's house, at Ilatlinal• gram',
Mrs. Ann aged 63.
Last week, consequence of a fall from his horse, Wil•
ham Day, Esq. of Day Ash, near Harrogate.
Last week, at his house in Shzrborne, Mr. William
Crag-
well.

r........--,.....„*..........-__ ,
NEW INVENTED HA.'ll4.
.TN consequence of the very great complaint
J. late, of the bad quality of Hatt s la:int:al Mr..
of
HARE, of No. 7r, Strand, who has s, i
residedha there these a.
• years, to try the experiment of mixing Mules' fur With Bea,-
ver, and which he has found to answer his nlost ardent espec...•
rations. not only for their durability, xyllich, on trial, Will be
found to wear out near two such lists as are Utak 11% thet
usual way, the Niol::: Fur making them so much liner, and 4)
made use of in the Nlanufaituring of Hats ; 31a,
a closer texture than the Vailt3US coarse Fills that tire 1.161.1,i10r
good dualities, the Fur will liot collie oil, which has been 11.
much complained of of late, as well as their taking a ul?t,
beautiful Black, which will main their colour: and hang
the lllanufatturet of his own Hats, he sells theft.; at the lo
price of it. 35. Stamps included. • ditto,
Likewise a variety of Ar - • 'Fists, rolling ditto,
poxin
Silk
mos . iny and Navy Chiltticlisr
li , Livery Hats, and Ladies an
Hats, elegantly trimmed. . don.
N
. B. Worthy the attcntiOn at Merchants li.Exporta
* * Mole Skiusbought in any quantity. , 4,...
Letters (post-paid), respecting Mole Sicito, on'Y "-
tended to.
_..--1--.•'
mth other

FOR THE STONE AND GRAVEL. 4
Atong sticcessful Practice has row estahlish
the reputation of AD A itiSis SOLVENT, for ea,
ing the above afiliaing Disorders in either Kidneys or /OA—
der, after fruitle::4 trials of Soaß, Lime, and Soda VVaPrfl4,
thereby. saving thousendi front the pain and dangcr Dtk: •
knife; but as there eve many' persons who may not ....ve
heard of this happy discovery, the Proprietor avails hinfoi..,
of the benevolent disposition.of those who wish, to tc",".
its efficacy and innocency, viz. Lord Sackville, the
pourable Mr. Germaine, Sir Edw.,rd Knatchbull, 13,4r.re'
T. IS, Lane, Esq. of Dover. Castle ; J. Shipdem, ESLI
'3't
Mayor of Deal ; the Reverend Coxe fem. Oluinisharo, OW
St. IVe's; the Rev. Mr. MOlyntaux, of Garbeldish4;th.
Norfolk ; [canals Thonias, Esq. Bristol; S. baker, Ei,l'
Blegden ti I. Roberts, sq. Newport, Isle of Wigftt ; i';
Gibbs, Esq. Bath ; . Alliyatt, Esq. M. P. with a, V'
number. of the FJculty, via. Mr. Gunning, Mr. Bell,
,I*,tr",
Hume, Dr. Livingsroue, and Dr: Stevenson, vv WO 4tilirc'
was cured by this Medicine,: just se he was about to undc6o
the operation ; -3[o.l'n:cent ly. it na.zieffeited a sinmlar and li i NI
cure of a neat relation of AtiiititaP Sir Richard Bart •
The Solvent to Sold by: the Proprietor, Mr. Perry, Sur'
teen, No. 9, SouthartiptOn.strect, Mooinsbury. square ; ani..ill
Recoil mut Co:, Nc. t -o, Oxford-street, in HottirS of 4s* ° ,'•
tiviod. 2,,ritcto9zrepaate)rzgoiiiiii,indgi,a,treslioit-nwithicenhiaablv4“.,
• l,
thereby. prevent the tOrMationor a,Stone in Bedell I'o,o''.i_,
N. E. A Treatiseoli the Disorder anti the Regimen tu Of
observed, With CAWS of Cure, may be had, price 2s.
-...............<