The Sun.
London, England, 1803-01-22 00:00:00

jARIJAti

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WINSCONIE V DIMSDALE Ably ottit
Mr. ERMINE Said, thit thk ./Vtion was honsfAt
by Mr. Henry Wiiiscomb, a t,c, is a Wool:Gim:it
Winchester, aga:ust the betenddlits,. ,whe are
Bankers in this metropolis ; and the founci,tti,,n of
the Anion was .this.. Mr. Sithmonds tind
Mr. Cradt. were Partners In Trade,
.and Dealers in
Wool, wishing tppa,Oase, quantity of that article
from the. Plaintiff, applied, to him for that parpott,
and referred to the Dcrealant,i who are the
Bankers of Simmonds andc.rack, and the Plaintitt
aceordingly applid' Dainthots to know
their diameter, asking. thetn as to tit„. regtitarity of
the, Recounts of Sitrintond3 and Crack. TO whieh
the Plaintiff received an -antwOr from the Defrnd.
ants, and in consequence of that answer the Plain-
tiff trusted these persons, which ,he would not
otherwise have done ; and he had, by this, sus-
tained a lora. 'With recpeet to the'prineiple of this
Aetion, it was clear,' .x4l. he :said' he did not wish
to strain it, or to carry it /,41 any improper length.
Tit any persoli tD the ChiL:ttts:l Of

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third person, who le a steartger to him, and whom,
be is aleno to trust, the person ser:ap,p*d to, may
be eileht, or he may inform the persoo inquiring of
the eireentaects, as tar as they come within hie
. Dwraknnealedgee but, if he ehuses to give a state.
inente and that statettient is not, within lila khowe
ledge, agreeable to the truth, he shall be answerable
by Adion, in Damages. BO he admitted, (for
:otherwise it would be attended with very great
inconveniences) that the proof should be extremely
Clear 'arid explicit. A person of the name of Creek,
whom he had mentioned already, describing: himself
to be the Partner of Mr. SinimonLee who lives in
Kent, and said they were Dealers in Wooli applied
to" the Pleintiff ifor forty packs of wool, of the
value of 8761., which he agreed for, and for which
he was torpay by abill-at two months. The con.
tuft, he admitted, was entered into between Mr..
Crack end the Plaintiff, before any inquiry was
made into- the diameter of the party trusted ; but
although that was the case, his Lordship would in.
forth the Jury, that in point of Law, if a purchaser
after sale, but-before delivery, .became incapable of
performing his part of a contract, the seller was oat
obliged.to.perform his ; for he liala right to-stop
the goods or trantim before there was a completion
of the contrail on the part of the seller, by the ae.
vial delivery of them to the person buying. Mr.
Crack stated, that the Defendants were his Bankers,
and referred to them for a chary ter for solvency.
"Vivo persons of the names of Vincent and Batley
wrote to the Defendants on behalf of the Plaititift
to kern the charaCier of Messrs. Simmonds and
Crack, inclosing the Bill of Extheoge given for
the wool. The Defendants returned it, and in
aoswer to the Plaintiff's epplication for the eliarac.
ter of Simmonds and Crack, *aid ; We beg to
observe, that we cannot positively ley that it will he
honoured, (alluding to the pill of Exthatige) though
*e have no reason to doubt. it. They are very
young
.men, and have been regular in their
transaitions, with us, but we are not in the
least acquainted with Cheirproperty." Now, Mr.
-Esteems aaide he would state this `case tor.
redly, and agreeably to the, faets,: that liis Lord.
ship and the Jury might judge whether, on his
statement, if he made it our, the aCtion would lie ; for
it was a matter of consequence :in trade to have
botch a point stifled. If his Lordship should be of
opinion that the ation could nor be maintained on
the statement of the property of these persons (the
Defendants having profe,sed their ignorance of that),
he understood that he should be able to impeach
the regularity of these persons) accounts at their
Bankers ; but he said he could not vouch for
that. This WO3 the statement of the case, and his
lordship would say, whether on the 'proof of a
ease, up to that statement, this action could be
supported ?
Lord ELLaNsokotrcir said, that Mr. EitsioNE
had done extremely well, not only fur time credit
of the character of the Defendants, hut Also for
his own Client, in stating the case in the manner
he had done ; but he must do a great deal more,
end go much further than this statement in order to
maintain this attioo. He must bring fates home to
the knowledge of every individual in the partner..
Alp of. the Defendants' house before this :teflon
could be supported, because this was an .action for
A tort, and mio man can be guilty of a tort through
the medium of an Agent.. His Lordship added,
that he thought nothing could he more cautious end
reserved-than the answer which the Defendants made
to the plaintiff's tppliteation. , They did not answer
for the solvency of these persons, nor for the pay.
nient of, their bill when it became due. They
stated that they were young beginners, and rather
intimated a caution desiring the partiesespplying toy
look about for theteseives. With respect to any
supposed irregularity in the keeping of the accounts
of these persons, that ought `to be made out very
clearly, and she irrelarity ought to he great in,.
deed before that could affeci the Defendants in such
sum action n this, and that they knew 'they were
deceiving the 'parry who applied to them by the
character 'they gave of these persons.
Mre Qeattow: said, he had .only one word to
'add to "What his Lordship lied been pleased to say,
Which was, that the Defendant` had raid of these
lemons, d, We know nothing at all of their pro.
perry."
Lord ,Feeeersoltounit said, that U any anion
would lie for a thing of this sort, it would he
possible for one man to open his mouth upon the
subjell of the character of another.e—Nonsurt.