The Sun.
London, England, 1832-11-21 00:00:00

PHILLIPS V. THORNTON.

In this case which was a motion on the part of the de-
fendant for a new trial, Mr. Pou.ocx, Mr. Sergeant
COLERIDGE, and Mr. FoLeerr, yesterday were heard in
support of the verdict.
Sir J. SCARLETT (with whom were Mr. CAMPBELL
and Mr. R. RICHARDS) this morning addressed the Com t
in support of the motion. He recapitulated the main
facts of the case. Messrs. Thornton and West, who
were eminent merchants, had establishments in se-
veral parts of the world, and among them was one
at Batavia. Mr. Thornton, who was the founder of the
fortunes of his own family, sent his brother, Mr. A.
Thornton, to manage the concern in Batavia, and he was
accompanied thither by his sister, Miss Thornton. Some
time after their arrival, Mr. A. Thornton died, and Mile,
Thornton, who seemed to have been peculiarly adapted to
conduct the establishment, succeeded him in its manage
went. In the course of 1826, Mr. Thornton received
intelligence that his sister was likely to be married to a
native, named Foristienne, and he wrote to her, saying,
that if she married any person worthy of her, she might
debit the concern with 10,0001. for her marriage portion.
The plaintiff, Capt. Phillips, commanded the Margaretta,
belonging to Mr. Thornton, which vessel was sent to Ba-
tavia with a cargo, Phillips having contracted with Mr.
Thornton to receive for the voyage 101. a month, besides
certain allowances ; and it was provided that if he chose to
remain at Batavia for the benefit of Mr. Thornton, he
should receive the same sums exclusive of his board.
When Phillips got to Batavia he left the Margaretta, in-
tending to remain there, and wrote to Mr. Thornton con-
demnatory of the character of Mr. Forestienne, who, he said,
would ruin the concern if he married Miss Thornton, and
he expressed his determination to prevent such an event
taking place. In February, 1827, Miss Thornton em-
ployed Captain Phillips to go in a vessel called the Janus,
to the co ist of Sumatra, for a valuable cargo, she agreeing
that he should reeeive a dou ceur of 2001., besides his pay,
and allowances by the former contract with Mr. Thorn-
ton. Miss Thornton was then in had health, from what
cause did not appear, and at Captain Phillips's request,
she accompanied him to Penang. She then prepared to
return to Batavia, but Captain Phillips refused to proceed
without her, and eventually she went the voyage with him.
Part of the plaintiff's claim for commission was respectini.
that voyage. On their return to Batavia the ship Oscar
was there, having lost her commander, and Miss Thornton
wished Captain Phillips to take charge of her to Eng-
land, agreeing that he should receive 400 guilders a
month; he, however, refused, and in a few days after
wards he married her. That was in August, 1827. Hr
continued there and corresponded with Mr. Thornton,
who, though grieved at the marriage, was desirous of mak-
ing the best of it, and wrote letters to Phillips in
terms of kindness and confidence; those letters were
produced at the trial, and no doubt had the effect
of inducing the Jury to believe there was a con-
tract with him as Mr. Thornton's agent. Mr.
Thornton, however, intended to send his nephews Mr.
Thornton and Mr. West to conduct the establish-
ment, but before they arrived Mrs. Phillips died, leaving
her husband, and two other persons, her executors. The
nephews then took charge of the establishment. Capt in
Phillips, it was sworn, was incompetent to conduct it, fo-
he was ignorant of the language in which the con-
tracts were made, and could neither buy nor sell.
Captain Phillips then came to England, and called up •n
Mr. Thornton for some money, having then the letter in
his pocket in which Mr. Thornton told his sister to debit
him with 10,000/. upon her marriage, but he did not say
anything about it to Mr. Thornton. On his asking for
money, Mr. Thornton said be must wait until the ac-
counts from Batavia arrived, to see how they stood.
The only claim he then made was 117/. as Captain
of the Margaretta. The contract for the 2001. for
the voyage to Sumatra, was never known to Mr.
Thornton until the trial of the cause. At length the
accounts from Batavia arrived, signed by the executors,
and by them it appeared that Captain Phillips owed Mr
Thornton a balance of 3001. That account was shown
to Captain Phillips, who did not object to its correctness,
and he never said a word about the 10,000/., but all at
once he brought his action for 5 per cent., and 2.i per
cent. commission, on the transactions of the house in
Batavia during the time he was there. The Jury found
a verdict for the plaintiff for about 3,000/. The Learned
Counsel then proceeded in his argument in support of the
motion for a new trial, and was followed by Mr.
CAMPBELL.

Mr. POLLOCK, on the other side, made a proposition to
terminate the case by leaving the Court to say to what
amount the damages should be reduced, as the plaintiff
was clearly entitled to a very considerable sum.
The proposition, after a considerable discussion, was
acceded to, and it was agreed t hat the plaintiff should have
1,0001., allowing a set off of 2501., leaving the b►lance
due to the plaintiff of 750/.