The Sun.
London, England, 1804-02-25 00:00:00

tim 31. for Leven month, if that time should elapse.
befOre-the ship arrived in England. They, hoW_
ever, performed the voyage in less than five months ;
and the Plaintiff, after his arrival, went on shore to
the Defendant, and demanded his' Mr.
Wilson; on.the Plaintiff-'s t4iplic.ation, told him that
there were only 51: tdue to him, 31. hiving • been'
advanced at Sr. Helena, which 51. lit.was ready to
,pay. The elaint UT said his• demand was
_rot. part.
,of which he :claimed .-upon- an.-;extra agreement, for
washing, and various j.,bs he had done for Master
rheeD-efendarit's son. The 101. was, how_
evert refused•-him, and, be would not take the 51.
until the day alter, whe'n he came and received it,
with an additional and signed:'a receipt book.
The, present -aelion ' was. .afterwalds brought ; itnd
the pi,ititiff produced the quartermaster of the ship:
as a witness to prove that an agreement had. been
entered into by the Plaintiff to pay, the Defendant
501. for the voyage. The witness, however, gave
his evident'.e in'the most unsatisfactory manner.
Lord ALVANLeY considered the ,Plaintiff's de-
: 'nand an unreasonable one, and expressed his
pion, that much credit was ;not-due' to-the. statement
of the quarter-master, who had been called to prove
the agreement ; he was; howeverof apinicn, that if
,the Plaintiff was entitled to any more than he
.had
,received, the Jury ought to give it- him.----Yerdia
• for the Plaintiff, Damages 4.1. . .
His Lordshipiook•occasion, after the verdict had
been given, to observe, that such aaions ought nut
to be encouraged, as the sum for whieh,the att.on
was brought, implied a, design to impose upon the
Deferit4ant, -
•

FEBRUARY 23.
CARTHEW WHITTINGTON.

'This Was.an adiontorecOver.l7l. for goods sold.
.and delivered. -
The Plaintiff is a leather-dresser in the Borough,
and -the Defendant a dealer in skins, in the
neighbourhood. On the 3,1 last (Iti.ober, part of
the goodS foi which the pr,,..sent laion wa's brought,
namely, several dozens of Spanish goats' skins, were
sent to the Defendant's hduse ; siv,rtlyalter
the Defendant's husband died in the country, and his
affairs were distovered to be embarrassed, that
his nroperty_was considered insufficient to "Fay liks
creditots; it was; therefore, agreed to by the latter,
that Mrs. Whittington slanuid cOntinue the bthi-
'ness; as the means of defraying, the
.debts. Sly
accordingly inftirtned the Plaintiff of-her. husband's
-death,:, and; purcha,:-ed more skies' of him to the
amount of iol. the bills for s' hick were made in her
name. The shortly al-ter the delivery- of the
last mentioned skins, sent the Defendant an • attor-
ney's letter, to 'enforce• the pay awn: of t7l. which
,the Dziend.mt refused to
.pay, the 71. debt' had)
beeo contracted by her husband, anti she could not
satisfy the Plaintiff without drying an injury v.; her
bonded creditors ; she, therei9re, sent her son with
the nkiney, to pay the to:. debt, and the sane was
tendered to the Plaintiff, but he fell into a violmt
passion, drove the young man out of his house, and
. would not accept any sum under his first` demand.
.Uon these circtrnstances, whicl were ptoyed in
evidence, the.a tc ,n %yip. defeo,.!ti ; and Mr Seijea,..l
BEST contended, that the Defendant had tenderer.
the whole she was liable to ply, -and that the
Plaintiff had-no Claim upon her for the debt con- •
traded white her-husband was. living. Several wit-
nesses proved dna 'Mr. Whittington died on-the 6th
aiober, three days after the 'good for 71. were
delive red.
L- rd Al,v/iNLEY Said, he was 9f the same opi-
nion a•, Lord 1:-.ENVON, namely, that where the full
-amount .01 a debt was tendered, no aaion ought to
be. brought : in the present- case, he thought the
money had been fairly tendered. The Plaintiff could
not recover the debt contrii'aed white the Defend-
ant's hes-band was alive, if
-.there' were any bonded
creditors; hitt if the Defendant had.. Assets • to pay
the_ whole of the debts, then the PlAintiff c:Aild re_
cover, and •he was at liberty to bting anotherattion
immediately against •the Defendant.
The Jury rekurned a verdkt for the Defendant.