The Sun.
London, England, 1810-07-28 00:00:00

tlu defendant for driving his cart against the plain..
chaise, on the:Enfield road, ,on the evening
of the 2d of January last.
The plaintiff is a livery-stable-keepet in town,
21c1 the defendant master of the Rose and Crown
pThlic-house at Tottenham-cross. The brother-in-
law of the pWntitf, his wife; and another person,
were returning from.Enfield in the evening above-
mentioned, when they were met by the defendant,
driving by himself in a taxed-cart ; and coming fn..'
rio rsly along the wrong side of the road, he ran foul
of the plaintiff's chaise, by which it, was thrown
over, the horse thrown. down, and his knees and
shoulder 'cut: The defendant's carriage, by the vi-
olenee. of the shock,. was thrown on the bank on.
the opposite side of the road, and turned over, but
sustained nninjury.
Several witnesses were called, who proved these
facts, and that the damage received by the horse,
and..eilaie amounted to 22i. 128. ; for which sum
-the Jury foun.clia verdict tor the plaintiff.

INSTITUTION FOR THE ENCOURAGEMENT OF

LITERATURE.

PARNTHER GAITSKELL.
•.
• Mr. PARKE stated that this was an action brought
to recover ,801. under the following circumstances:--
, Thedetendant was a proprietor of the " Institution
fir the encouragement of Literature." It was in-
corporated by Act of ParliaMent: The defendant
wished to dispose of his shire, and employed a man
of the name of Savage, a clerk to the Ins; itution, to
dispose of it for him, and kit with him the usual
recommendation, as.directed by the laws of the In-
stitution, leaving a blank,( or the name at the pur-
chaser. The plaintiff wishing to become a proprie-
tor, spoke to, Mr. Kitig, a friend of his, to look
Out for asShare-ror him ; he applied to Savage, who
up .the blank in the recommendation with the

plaintiff's name; and he paid hiin 801. The form
of the recommendation was, viz. " I having dis-
posed of my share in- the London Institution for
the :enconiagemvnt of- Literature, .1 beg leave to re-
.commend - ,
place....

(Signed) "
Diteaed to therAlwmigers of the Institution.

Savage became a-defaulter and absconded from
the service of the In'slitiltion,. Lind Abe present ac-
tionas brought to recover tram the defendant the
8o1::pa:d to Savage;-as the plaintiff had never been
elected.

Lard t,I.F.NBoitotYGL: could not see that the re-
commendation gave Savage an authority to sell; he
was only .111,! common depositary for both parties;
for, it 7ttpt, was never elected; which did not
depend ou .the will of the defendant, he could not

be e, titled to r,''celve the iy:rchnse-rooney ; he had
.
obj.ctibo to Mu I-Acts-being put iu a Case•lor the
con,ideratioa of •the other Judges.
Verdict fur the defetidant.7-Subject to a case.

JULY 2,7•

MEDINA AND CO V. STOCKDALE.

Mr. • PARKS stated'thisti, be 'an ktionier the reco-
very- of 5241. 175. 6d.'nn a Bill-Of Exchange. This.
was 'an age of wofiders,' 'the Learned Gentleman
said, and aniong'other. vtiooer7, the defendant in
this action chose to haVe an utikkft.lided cause tried
before a Special Jury, Observii.g• the Attorney=•
General and Mr. Gairosw,- who were for the oe.
fendant, looking. at One lino; her with vacant counte-
nances, they no` knOwipg what was meant by -tins.
being "an und,,,-tended c:iuse," Mr. Parke., in con-.
tinuation.- stated, tat it was a c31.13e without a de-
fence. "Mr..Stodtchle, a btiokseller in Pall- lall,
was the, ostensible defendant, but Sii-lthichard,Plid-'
lips it was that was the real ;iefend,it for he it
was that wished. the pres6nt case to go before ,a
July: On th.- defendant being required to pay the.
Eli when it became (Mr, he
_wroie to the plaintiffs,
telling them, that the delay wits owing to certain
failures and transaEtionS.with the hone of Bloxam
and from whom the plaintiffs had received the
MI, and so soon a's he (Mr. So could pay the Bill
with propriety, -he would do it with pleasure, and
stated that lie waited -for information from Sir
Richar.d
The ATTORNEY-GENERAL stated that the defence
was, that Blexant and Co:had at. the .time, when
they paid the bill in question to the pLiin tiffs, .com-
mitted an ai".:t of bankraimey, aoisequently that the
bill was, at the tinier?) tieiou,so paid away, thepro-
perty of the assignees. The defendant resisted the.
payment of the bill, because be tbotOit that under •
such circumstances he milit.be called on by the asz
sign..eeS to Blokarn aiid Co.'s Conunitsion.

On.callipg the witnesses win), it-Was said, were
to, prove that the act rif bankruPtcy haq.beet: coin,
tiiitteci-previouS: to the paying .of • the bill to the
none of them answered.
Lord'Et,t-Essokottit .cbseive-d, t hat he was afraid
Mr. Siockdale tniht " pay the with pro-
Priety," 2s he could nth hN perple:ced by doubts.
If 'the properlV Were prei.ed to be"that of the as-,.
sign es of Bloxanyand Co. an action it ix-ever could
be triaintai;:e:i.

The Jury 01" en rcturiied a verdic;.; for the prailitlfi
for 5391. being•the'Olatint of bill ;URI interest.
•

ATTORNEY-GENERALTite obierving that the jury
Nyere,,p3riicularty an.xiotni not to take:more Clan the
1 !oi Intere iihre%4 (It)/ t)tser, e looking i owai cis
the Jury, '" I am very gla4 to see so atmous:'a care
not to take more ihan.s per cent, interest !".

OSGOOD U.
.GIidANING.

This was an aelion front the court of Chancery,
to try If.'heth.2r the plaintiff should- no: feeeit'e'sonie
coopen,aation for the treight: et_ goods from Charleg-
ion. .

Mr: SCAR LETT opened the case on -the part of the
defendant: His. statement was long and tedious;
but the substance of it was, that th, i -i;intiff tookot
board his ship,. the Neptune, then at..CharleSton„
goods under charter, to deliver them at Jiamburgh,
Amsterdam, or' Rotterdam, to whichever it might
be found "possible to proceed with safety, but to
Bambini), if possible. On the ;6tii September,
1807, the plaintiff sailed; and on the i I t h November.
following, while :nbt far front England, he'-tirst
heard of the British Orders in Council, which had.
been, issued on'the Ist of the same month: The'
Decrees of the _enemy against Corinnerce, and' the
Orders in Council were then in force, ,and it. was
scarcely' possible to obey one without infringing. the
Other. The Captain, about "that tiute, received a