The Sun.
London, England, 1803-12-21 00:00:00

LAW REPORT.

COURT OF KING's BENCH, DEC. tg.
slrroft3s BEFORL LORD F.LLENSOROVaiI AND SPiCiAL

JURIES. IN GPILDUALL, LuNDON.

ILAvENHILL ql. FERNANDES.

This was an Anion to recover the difference in
the price of stock upon tote sum of s'cool. agreed to
be transferred between the Plaintiff and the De.
fendant on the gth of •May last, the day of what is
commonly called the Bubble, or the forged Letter to
the Lord Mayor.
This case was exaelly like those which have pre.
ceded it on the same subjea : the bargain was
clearly made between the parties, and the Plaintiff
had no connexion with the fraud committed on the
Public, and therefore the Jury gave a verdid—
Damages 3871. 158.

DECEMBER 20.

COHEN ?). DOORU.

This was an Aaiun to recover the amount of goods
delivered by the Plaintiff in the Island of Guernsey,
to a person of the name of Gilbert, for whom the
Defendant had made himself responsible, and had
assured the Plaintiff he would accept bills of ex.
change to the amount of 7001. it the Plaintiff would
supply Mr. Gilbert with these goods, but which the
Defendant afterwards refused to do, although the
Plaintiff had supplied Mr. Gilbert with goods to
the SIMOVIIIE of 7 tol.
It appeared in evidence tt6t the goods in ques.
tion, and sent from Guernsey to Mr. Gilbert, were
brandies, red and white wine, and tobacco; that
these liquors were in small casks, slung, contain-
ing about fifteen quarts each, and evidently smug.
gled.
Mr. Gts us asked the Captain of the Ship if they
were not ru•i on shore in this country ?

The Captain desired to know if that was a ques.
don to be asked of

The CHIEF JurricE said, he was not bound to
answer ir, since he might involve himself in the
Court of Exchequer by bis answer, if in the affirma.
tive.

Mr, ERSKINE said, it was'certainly a question to
be asked, but not to be answered.

The Witness declined to answer.

Mr. Gift as said, he was of Counsel for the De.
fendant, who ,would have been glad that the Plain.
tiff could obtain a verdift in this case, because he had
rather the Plaintiff was paid than not, and if there
were a verdict for the Plaintiff, the Defendant could
recover the money back again from Mr. Gilbert ;
the person for whom he made this undertaking wit.
a man of property, and he could have his money
back again, but it could only take place after the
Defendant had done all the law entitled him to do,
to resist this Adion,-for if he did not resist it, and
avail himself of all the advantages which the law
gave him, he would nut be entitled to recover of
Mr, Gilbert, because in that case he would have
brought it upon himself. The Defendant, there.
tore against his wishes was compelled to resist
this demand, and, to be sure, it was impossible for
the Plaintifftp recover in this aCtion ; the objedion
to it was absolutely fatal—it was this, that no man
who aids another in any manner to defraud the Re.
venue in the sale anti delivery of goods, shall re.
cover any thing in a Court of Justice for such goods.
The consideration for the demand was not a legal
or.valid consideration, and Knot a legal valid con.
sideration, it was the same in law, as if there had
been no consideration at all. Here it was evident
that this transaetion was a smuggling one. The casks
were small, and they were put 'in slings, such as never
takes place but in cases of smuggled goods, and
therefore the 'Plaintiff could not possibly recover
the amount of his demand in a Court of justice, A
case similar to this had occurred many years ago,
the title of it was, Clarges v. Pennaluna, where the
very point now before the Jury was determined, by
which it was decided that no man shall rcover the
amount of any goods he shall sell and deliver, if by
that sale and.delivery, he himself had aided in corn.
rnitting a Fraud upon the Revenue.
Lord Et.t.rtilsoaotroo thought this Objeetion
fatal to the Plaintiff's' demand in this case.. The
Law was unquestionably us Mr. Grill/9 had stated.
It appeared that the casks were slung in a =noel
peculiar to the Smuggling Trade. It was to be ob.
served also, that by Law no less: a quantity could
be sent in a vessel in any one cask, than 6o gallons.
Here the casks contained only s quarts—therefore
if the jury were satisfied upon the evidence that the
Plaintiff knew these casks were to !se a contraband
traffic, and aided in carrying on that traffic, most in.
disputably he could not recover in a Court of Justice.
Hefore'he could recover for his goods, he must spew
that he had made a fair, legal and valid delivery of
his goods. Now that could not be so if they were
a contraband importation ; and therefore if the Jury
believed the evidence, they would find a verdkt fur
the Defendant.
Verdia for the Defendant.

11VDDART Z. HOTHAM.

Mr..GAutow stated this to be an anion artinst
the Representatives of the late Sir Richard Hotham,
to recover a sum of money upon a case which, he
said, was an extremely hard one, of which the fol.
lowing is the substance :—Sir Richard Hotham and
Capt. Huddart were connected by marriage,and very
intimate in friendship—Capt. Huddart had a Ship or
his own, and was trading very profitably in the Arne.
rican trade—He'was prevailed on by Sir R. Hotham
to quit that trade and to go into the East ;India
Company's Service, which he did in the ship Called
The Royal Admiral, of which Sir R. ilotham
.was
Husband and 14.16ths Proprietor. Previous to the
last regulation of the Company, prohibiting
.the put.
chase of the station of Captains of Ships in their
service, it had been customary to allow such pen.
chases. Sir R. Hothatn prevailed on Capt.liuddart
to give up this sale, and consequently when Sir R.
Hotham came to sell the property he had in the Ship,
it sold for more by SooOl. as the office of Captain of.
it was open to the Purchaser, than it would' have
done if Captain Huddart had insisted on his claim
in the then customary manner, (for this snag before
the Resolution of the Company to prohihit the put..
chase at such Office). For this relinquiThment on the
part of Capt. Huddart there was no specific agree.
ment betvicen him and Sir R, ilutham, taut there