The Sun.
London, England, 1821-01-13 00:00:00

LAW IN LIG ENCE.

-COURT OF KING'S BECH„IAN. 12.

YITTI;ItI9 AT UUILDIIALL BEFORE. THE-CHIEF JUSTICE AO*

A SPECIAL JiIPY.
TODD V. REEDE.
This was sin action upon a policy of insurance brought b!
the plaintiff to recover from the defendant the sum of 61"
under the following•circumstances.:— •
The plaintiff was of. certain goods shipped fro&
?ante, consisting principally of fruit, and the defendant 11%
subscribed to a policy of insurance for 2001. A considerabl`c
fuss was sustained by peril of sea, and the goods in other re;
specti greatly damaged. The insurance had been effectedb/
a broker of the name ofFrench, Wetween whom and the deferdant souse transactions in the way of business had Occurrer;
but in which the planing. had 'no pkrtieipation. The amoli
of the policy was paid by the deteridant to this person, 0,„
the reduction of 611. which sum hail been due by French t"
the defendant on his own account, add defendant had eilde,s:
rout-et! make the plaintiff liable fur that portion' of the
payment. •
The CHIEF •JUSTICE said, that it wits quite established 00,-
an agent
_could refit make his responsible for a'l7•
private transaction in which lie was not concerned; and the
Jury, utiiler his direction,,found for the defendant:

COMMISSARY COURT, EDINBURGH.
Loth) EttsioNE: v. LADY ERSK I ATE.

On Friday, the
,c29:sh of December, an action of dicorCei'
at the instance of Lord Ersiiiirc, against, his wife, for ado'',
tery,atieged to hare ben committed in England, was finall'i
diSpiried of by the Commi:sary Coort of Edinlitirgh.
-In defence against that action; Lady,Erskine had pleaded,
that she was not amenable to: the jortsdigtion,because she boa
never brtn inSciiiiand.l.mit for a tew boats, when she was niar;
I d the purSlicr at Gretna, and became the trite and prai.,`,
dotoitile of both purties'had, sii.ee th it marriage, as well a 4
f-r many years hetore, beet rltelosivcly in England, wlicfC
alone they• bad a fixed residenceOmme, and estalilishmea,t,
although Lord Erskine hiniself.teas by birth a icotchmani ang
had been on a vi•it in .!cottarol, a short' time precious to thg
dale. of his action. Het Ladyship 445-J-IN/iii,ely denied thd
trill It of the accusation.

. 'Upon tlie other hand, Lord Erskine, in his roadescerthoctl
alleged thtii he had resided inEdiutiorgh for the space 417
nla3s previnnii to the date of the aciioni•which
contended, was by law a Ellihtic(lt dooricile: hot-he did out
deny that hii permanent resinlenee and ertatilittlnnent,
the bottle of both pail ies,•wen e in England, where Lady Ev
shine had-always remained during her covertnre.
At the close of the afehatei Lord
.Erskine, in a miotir
lodged by him, spontaneously stated, that Ladylrshir,, h•ta
for some fink been finder tevr.,int while he' wit,/ in Scotland;
hot no such circurtistitnce had been alledged tn. founded
by. her. ' His Lordship did not; ho'wever; deny in any respe6
Lady Erskine's allegations, that at the thtite of the actior., the'
erne and proper domicite of both pal ties, by the law n
the succession to the petsonal estate of tither would
bren governed in case of dying- 3otestdt'e, was in -England'
and 'finding ter objection to the jitrinaliction on tries, grouatls
to he serionsly,rottintained, his, Lordship, in his alinnte. es'
proprio ntottt, stated that he' should abandon this suit, tandgtti
stitute a new nine in the Eng-lish Consistoriat Coort. Ladf
Erskine was therefore, of consent, tesolz,icd with expencet•
_..(Prr.Vie Ledger).