The Sun.
London, England, 1803-04-14 00:00:00

J_: .111, REPuier.

COURT•OF KINO's BENCH.

HODGSON Alm ANoTHER. F,
According to Mr. Evict NE's opening, tliis wa..;
an adion on a Policy of Insurance on the Sloop
Catherine ; and also on a Cargo of Rum that was
on board. The voyage was at And. froin St . Vin_
cent's, in the West Indies, to Shelburne,or any
other Port in Nova Scotia. The Insurance on the
Vessel amounted to 8061. and the Rum was calcu.
hated at 331, 6s. Bd. per cask. The Ship sailed on
tier voya—e,
but was obliged to put into the Bermuda
Islands, in distress. But the particular circum-
stances not being then known to the parties, and
they considering that she had gone so far on her
voyage, this memorandum was put on the Policy,
" The within Ship having beep blown on the Coast
of America, and put into Bermuda in distress, we
agree, to give the said Ship liberty to go to all of
any of the Islands, instead of proceeding to
Shelburne, as required, ithotit prejudice to this
Itburance.a! It turned out that this distress was
not of a sort capable of tieing repaired, at least .not
few the adyantage of the persons concerned. The
Wardens of that Port, who are public 'officers,, per-
sons of credit and reputation, having a public duty
cast upon them, surveyed and re-surveyed this Ship,
and she was condemned, so that this was the case
of a total loss of the Ship, valuad at Scol. with an
average on the cargo, arising from a deterioration,
from the perils of the sea.
Lord EI.I.2IITBOROttGI.I.—" In consequence of tile
alcration made in the Policy, is there no new stamp
necessary ? I ask the question, because it is my duty
to prated the Revenue."

Mr. PARK said, the AO of Parliartient required

new sramp.rtee 35 Geo. 111. C. 63. sett. 13.
Park's Insu ce Law, page zB.
On' the part of the Plaintiffs, Captain Ke.
proved that this Ship was thoroughly repaired he
fore she sailed on the voyage insured. But th,..)
proved no foss.
Mr. Er:mitre observed, that the Defendant had
paid. money tow Court on the Whole deck ration;
and had thereby admitted the cause of action,
Mr. PARK, on the part of the Defendant, said,
the money paid into Court was the p'reztuum, and
that it did not admit the cause of adtion...

Lord E,LLENBOROVGII.-•-•" I do not say, the
paying this money into Court admits the cause of
aEtion, hut it admits they are entitled to recover so.
much. If the Plaintiff's stop here, they can recover
the money paid intnCourt, and no more), as they
have proved no loss. I wish the efftet of paying
money into Court was better settled than it i 3 at

present."
Mr. ERMINE said, lie stood on the general
He endeavoured, but had no materials, to prow the
loss. -

Mr. Pats E's defence was, that this Ship was not
sea.worthy at the commencement. of the voyage;
but it was unnecessary fur him to t-o intL, proof, of
it, as the Plaintiffs could not make opt their case.
LortIELLLN BOROUGH.—..TiIeie is no damage from
the perils of the tea. This was a had Ship.
Mr. ''AAIC said, she sold for zol.*Plai4iiiii
!Mita.

COURT OF CONIAION PLEAS, FEs. 2i.

TAP?, AUD ANOTHEa, LEE.

This was an A,:tion to recover from vhe Defendant
cum of 181. gd. the amount oCgoods sold
and delivered to a person of the name of Bronell,
under a misrepresentation of his chardeler-hy the
Defendant.

j • Serjeant Surritfiib briefly stated the fan s, of
this :case. The Plaintiffs, Messrs.' Tapp and
Gould, are Tinen-drapers in the City. In May
rigor, Thomas Brunell pUrchased goods at :their
shop to the amount of 4.05.:f0t which he paid theta
.ready money. A short' time afterwards he came
again, and contraded a debt of a larger amount, and
• subsequent to that he ordered more goods, amount.
ing to 281..4.5. 9 The Plaintiffs thought proper
to make .some inquiries about their new customer,
before the articles were delivered ; and finding'he
had formerly dealt with the Defendant, a linen.
draper in Fore-street, they sent a shopman to learn
whether Brunel( was a respon-sible man.• The
answer given by. the Defendant to this inquiry was,
" I believe he is a very honest man; he owes me
money, and I would trust.him with more." In con.
sequence of this the gdods were delivered. Before the
credit on which the goods were.sold had elapsed, the
Plaintiffs found, that &until was an uncertificated
bankrupt, and had been a long time in insolvent
circumstances, which was fully known to the Defend.
ant, at the time he was referred to for BrUnell's
charader, It appeared by the evidence of James •
Abrahams, who made the inquiries of the Defend..ant, that, meeting him a few days afterwards, the
latter asked IT the goo& had been sent ? to which.
the Witness replied to the affirmative:: " I did not
think you had been such a cafe," said the Defend-
ant.' The Witness.then repeated what The funnel-
had said, when he called upon him respeding Btu_
nell's charaEter, and told him,. it was on the
strength of his representation the order had been
completed. The -Defendant then denied having
" he would trust him with more ;" but al-
leged, that he concluded his observation with say.
He owes me Money."

Thomas Brunel' said, he had dealt with the
Defendant for a year and a half, or two years. That
he became a banktnpt in 1799, and had never .ob.
wined a certificate. The Defendant had aiiSisted
him in the application to his creditors to-get it
signed. In September !Bo he was arrested for
481. and the Defendant became one of his bail-; and,
at the rime nf his contracting the present debt with
the he was indebted to the Defendant in
the SUM of 1001— Un the 23(1 May last he was
again arrested, and had remained in confinement
ever since.

Lord ALVAIILLY told the Jury, there were seve.
ral matters to, be considered before they found a
verdict for the Plaintiff; and that the case was not at
all made nuti unless they believed the Defendant
had usvd the expressions charged in the deCtstration,

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