The Sun.
London, England, 1817-02-24 00:00:00

LAW INTELLIONNCE.

COURT. OF KING'S BENCH. Fran. 21.
rSitling, viler 2'crnt..ll"Mininsto..]
A .CONNOISSEUR IN PAINTING.

GRAY V. GUINNAPP,

This was an action of rather a singular nature,
brought to recover from the defendant certain
sums of money paid to him by the plaintiff, for
paintings alledged to he the productions of an-
cient foreign masters of celebrity, rdiereas in
truth and in fact they. were works destitute of
merit, and of little or no value. The declaration
contained fOrty-.nine counts, each of which par,-
ticularized a painting upon which an enormous
overcharge was litllte4 to have been made.
The ATTORMIN•GRNERAL addressed the Court
on the part of the plitiutift. The plaintiff, he ob-
served, was a merchant in the country, who had,
by perseverance and honourable industry, ac-
quired a large independent fortune---a consider-
bible portion,of which, with infinite credit to him-
self, he devoted to the encouragement of the arts
and sciences. Among other sources in which he
sought thus beneficently to appropriate it part of
his income, was in the purchase of paintings.
Being himself a mail whom early habits had not
enabled to form his taste and mature his Imig-
mein upon subjects of this sort, lie had applied
to the defendato, who at that time was a picture
dealer in Old liond-street, to sell him some of the
productions of the ancient masters. The de-
fend,int was extremely happy to meet with such
a customer, and produced sonic of his best spe-
cimens, which be characterized its works of first-
rate excellence. The plaintiff being himself in-
capable of deceptiots, placed implicit confidence
in Mr. Guiunapp, and relied entirely on his judg.
merit arid taste in every thing,at Once agreeing
to purchase such pictures as he should obtain. for
him, and at whatever price the other, as a fair
tradestuati, might think it proper to 'cliarke.."From
time to time the detendaut' recommended tti
Gray, pictures which. he stated to have been im-
ported from foreign countries, and CO' have come
aunt the pencils of the very hilt inast ers ; for
these he charged the highest prices, and at length,
at a very enormous expence, the plaintiff *leen-
maimed what he conceived to he a choice collet:•
tion of paintings. In the praise. of these works
he often launched forth anottig his friends in'the
borrowed language of the defendant, and there
was scarcely a shade which covera the canvas,
that was not panegyrized as the most beautiful
specimen of a Guido, a Titian, a Claude, or a
ncrgliem. To sotne of those who. occasionally
came to admire the tasteof their friend Gray, all
this passed off very well, because, perhaps, they
were not suflitiently conversant with 'the arts to
discover the cheat which had been practised. To
others, however, the real character of the per-
formances stood exposed ; and although, while
partaking of the hospitalit, of their host, they did
not wish to hurt his feelings by calling his know-
ledge in question, yet they could not avpid in
secret remarking, bow much he was the dupe of
souse designing virtuosi. At length some less de•
licate man, a candid acqudoitaitee 'of the !Aaiun
opened his eyes to the gross,impositions which
had been practised upon hilt:. gentleman,
It appeared, called on the plaintiff at a moment
when he had made a new, and, as he thought, an
extptisite pure:hue, anti without giving the geo-
Ileum time to pass the compliments of the morn-
ing, he ushered him into time room in which his
acquisition was plixed ; then looking at the pic-
ture: with a rapturous smile, be asked him what
be thought of it.---Much to his astonishment, his
friend, instead.of bursting"into sinsilar extacies,
exclaimed, " Good God ! where did you get it ?"
the plaintiff immediately id/trilled him that it was
the unquestionable wank of an ancient master;
that he had purchased it of a man on .whose vera-
city be could rely, and had given 100/. for it An
explanation then took place, and it turned out
that this matchless production was a mere daub,
which had beets in the possession of the, plaintiff's
friend, and the utmost value of which wasmot more
than 101. A further investigation then took place,
and the collection of which the iff bad been so
lavish in its praise, turned out to be a pack of mere
rubbish, collected, Gods knOws•where, mid painted
by, Goaknows whom. The Learned Attorney then
proceeded to give a few samples of prices charged,
and the actual value of the pictures sold by the
defendant to plaintiff. Among others was a paint-
ing alleged to be one of •Corregio's, charged to
the plaintiff at 3101. which the defendant had
114-Ascii purchased fin 54/. and Which wait the
work of some miserable artist in the country. A
second, " The Holy Family,'" by Guido, charged,
to the plaintiff at 4721. and purchased by the de-
fendant for 261. 55.; a third, sold to the plaintiff
for 315/. and purchased•by the defendant for 42.1.;
a fourth, sold far 9451., and purchased at 150/.,
and so on throughout the whole catalognc. For
such a barefaced and scandalous imposition he
conceived his client was at least entitled to receive
back the money out of which he hail been duped
and be had no doubt, in looking with confidence
to a verdict for that amount, he should not 'be dis-
appointed. The Learned Counsel then called wit-
nesses to prove his case.
Mr. Foster proved that the accounts produced
were the hand-writing of Mr. Guitinapp, or of
his clerk. tic also deposed, that he knew Mr.
Gray to have received the pictures specified in the
accounts..

The accounts, containing the names of the pie-.
tures, the supposed nutters by whom they were
painted, and the prices charged by the defendant,
were then pist in.
Mr. Jos. Woodin.deposed, that he bad seen the
pictures sold by defendant to Mr. Gray. tic bad
himself sold some of thnie pictures to the defend-
ant ; that entitled A Men y- making', by.Ostade„
Guitniapp's account, and chargetPoe.l36/.
lOs.„ he had sold to the defendant for twelve gni-
neas ; the name on the picture when lie sold it
Was Valk ;, that entitled ' A Groupe of Cattle,
by lierghetn, and charged at 3->l. by t tie defendant,
witness soldjo him for twelve goineas ; he-con-.
cetved it to be, a .picture of Michael Carte ; it
certainly was not one .of Berghenee, who was a
celebrated artist. 'The Card Players,' by Brow-
ers, as stated by the defendant, and ineluded
with two others, in a charge of 1,4701. witnels
sold for lin. It was not one of Brower's

sold it as one by David Ryeart.--4 picture, said
to he by Francii Nieires, and sold for 4151., wti-
ness sold.the
,defendant- for 12 guineas, and never
said it waS the Work of a foreigner ; he believed it
to have been painted at Birmingham. " Tire
Holy'Family," alleged to have been by .Guidos,
and charged at 472/,, witness sold to the defendant.
for 261. 55.; it was the work of Elizabetha Se
rani, an artist of no great eminence. ." Candle
Light" and a •thurch piece, by Steenwiek, and
charged at 1401., Witness sold to the defendant for
101.—A portrait by Titian, charged at 2001., wit.
Hess sold for 51. It was so wretched a picture,
be. had never thought of giving it a name.
LordELLaNaortovox now asked whether the
cause could not be settled out of Court ; remark-
, ing uposi the length of tune which it would take
• to go through the proofs of every picture.. - He.
was willing to sit there till twelve o'clock at night
to satisfy, the parties, hut he thought the Matter
could be settled by some Gentleman at.the Bar
with equal justice to both sides.
TheATTortsrav •GENE It AL expressed himself swill-
ing to take any course Which night be suggested,
to put the matter in a proper train of settlement.
Mt'. Gurney at first objected to this arrangement,
on the ground that the speech of the learned
Counsel for. the plaintiff would prejudice the de-
fendant in the ryes of the world if it were noran-
swcred ; upon. further consulting with his client,
however, he agreed to a- reference to a Gentleman
at the bar, at the same time begging, to. state, that
he should have been enabled clearly to excillpate
the defendant from blame. A verdict sv,ts then
taken for the plaintiff--Damages, Ten Thousand
Pounds.--,Costs, 40s. ; subject to a reference to
Mr. Moore.