The Sun.
London, England, 1810-07-31 00:00:00

FOISrNALL V. NELSON.

This was an action to xecaver the amount of 480
barrels ot turpe'tine; but it was brought to try a
quest;on ot custom at Liverpool. • The plaintiff
sold to the deteodmit the turpentine, under a war-
rainy Liar it was two-thirds suit ; but on its being.
ex:miinetl, it was found. that it vas only propor-
tio:tecl €ZRI, barrels soft to 50, and tie defendant re-
fused to accrpt of it, It appeal-:: iis was customary
in Liverpool, tliM if it exceeded one half soft, to
sell it ,:s two-thirds, .and the present action was
brought to fly the validity of that custom.
Lord ELLENBOROU6H 'observed, Out it could not
be held in law that eel were the. two-thirds of So ;
it they did, it was time to get a new atitbruetic anti
a new idl,6tiage.
Nunsuit.

cbuRT OF COMMON PLEAS, luLy

5111 JOHN ROM V. JACKSON AND OTHEUS, AiSIGNEES

OF GEORGE MOSS, A BANKRUPT.

This was an action of !rover, brought by the plain-
tiff, a Knight of the Swedish Order of the Sword,
and a Lietnemmt of the Navy, against the defend-
ants, assignees of his brother, George Ross, a bank-
rupt, for the recovery of 1231. the price of a quan-
tity of household furniture, purchaSed by Sir John
Rots, uoder an extent front the Crown issued
against his brother's goods ; which furoiturethad
beet; detaked by the asssiguees of. George Ross,
subse,;uent to the issuing of the extent, had
become bankrupt. • -./
The iaCt of Ifni bill ofsale 'having been executed
by Ofe-Sfteriff to Sir John RosS, was not attempted
to be disproved. The defence set up was, that the
sale was tuit a bona fide transAttion; as, in point of
fatt,,the goods were paid fur by a draft on the house
of bfown,. Cobb, and Cbmpany, and signed "John
rfosts,- 'though-it was, in reality, Written by Mr. G.
Rois; who hid lodged money of his own in that
house, in the name of his brother, and sought by
that means to conceal his property troui his credi-
tors. The case on the part of the plaintiff, there-
fore, rested on his ability to prove that the account
opt-ned at the house of Brown and Company,
iA his name, by his brother, was, in fad, what
it purported to oe. thiS purpose, Thomas Win-
ter,- clerk to the bankrupt, was calledi who proved
that 'use draft given for the furniture v‘ as signed by
Sir John ,Ross, and that be had taken motley for
hint to the house of Brown and Co. before the isuing
of the extent. Charies Hunter, clerk to Cobb and
Co. was also examined he brou4ht with him the.
ledger, .and. the account of Sir John. Ross was gone
ihrongb, item by item, for the purpose of discover.
ing in •wh.,t notes, anti by whom the different sums
were paid in. By this examination it appeared,
that Sir John Ross had had an account with Brown
and Co. which closed about twelve monthi ago, and
was renewed in December last, so that,..both before
and att:rr the transaction in question, plaintiff had a
moo n% account and a balance at the hou,e of Cobb
and Co. fart .of the money, also, which had been
paid into the account of Sir John Ross, was proved
to 1135 c been in.p per, which be tunfitif had receiv-
ed (roil his navy agent. . .

Mr. R .ss, the baukropt, proved that he was em-
powered, by a letter of attorney,. to receive his bro-
ther's pay, and the rent of an estate which he had
in Piccdd:lly since his bankruptcy, he. had always
plae,d his brother's money to his account only;
they had no mixed account, with the exception of
three swill, which werelmmedtately_ withdrawn:
the money which paid for the furniture was his bro-
ther's; the draft wai signed by him ; his reason for
withdrawing his account from tie Bank of England
was, because a clerk • whom he bad discharged was
in possessi, o of a number of blank acceptances,
which he might fill io any amount; he also thought
his money more safe in his brother's name than his.
Woen pressed by Mr. Serjeant . Shepherd as to

whatVety he alluded to, he said; after tnrcli 4ifn-
culty, safety from aft fel:meats. He also deposed,
that.his brother left hi n a number of blank accept-
ances,.so that he in ght d.aw for what sums he
pleased,-
It was ceontendedi on the. other Side, that the
whale story was too gross to be believed_; for, at the
very time it was asserted such numerous sums were
placing in the hand. of licown and Co. belonging
to Sir J. itoss, he It d oter-dra,vn his accotnit with
his Navy Agent, and was aduahy subje& to the pay-
ment of interes! for the money so over drawn. The
fat wash as proved by the bankrupt's letters, which
had been read, that he d;re6ted his confidential clerk,
the moment he discovered that a'docket was struck
against .him, to withdraw hi; property from the
Bank of England, where his creditors would find it,
and place it in other bands, under his brother's name.
Themfirst reason .he as,igned for withdraw.:Arg his
account from the Bank of England was a very
good one, for changing the tanker,
.but not for
changing the name in which the bank account had
been kept for many years. klts second ,re..son was
the true one—he wished to preserve 'his property
from attachment.

The Jury returned a rerdil for the plaintiff—
'l23l.

COURT OF COMMON PLEAS, JULY 30.

BUTLER V. DURANT.

This was an action to recover a compensation
for breach of contrail. The defendant was the pro-
prietor of a Medicine, called Berkle)'s Anti, Vol;on$
Pills. By an agreement he assigned over a tight to
the plaintiff of turnishing the M,dicine•Venders.witri
these Pills for fourteen years, the plaintiff undertal,-
ing to take, from him 60,000 boxes annually.. Hg
was to pay 4s. 61 a bok, exciusve of the duty,. and
to sell them to the trade. He was to ,have 45- lier
cent, to give to the country dealers 25 pet cent. and
to town dealers 35. The defendant undertook, Iv
the agreement, • to gite circulation to the-ohdicine
by advertising in the London Papers to the ainoont
of 10001. The action was brOoght for not adver-
tising according to the agteetneot, in.con,equence
of which the plaintiflcootplained that.. lid. had, sus-
stained an injury. •
Mr. Serjeaut VAvGgAN contended, in • behalf of
the defendant, that the plaintiff h,d produL'ed uo
proof of an injury,. but at the same time. admitted
that a verdict for nominal damagt:s might go against

Sir JANES, MANSFIELD was of opinion that 111,-re
had been no proof of any loss, and,- under all the
circumstances (4 the case, ilk. plaintiff cunsenteci. to
benonsuited.—A nonsuit followed. • •

TRADE TO THE RIVER PLATE.

HODGSON V. FOULERTON.

Mr:SCrje2llt SHEPHERD stated, ,that this a6tion
was brought by Mr.. John liudg.son, a merchant in
the Lill, against Mr.: Fortiertont'a Lieutenant Au the
Navy, commanding his Majesty's gun-brig (sheerly,
to recover about 14001. the value of two barrels of
dollars, pert of 21 barrels of dollars, b.:longing
to Mr. Eiptson, shipped by hi.r agent at Biaenos-
res; on board the Cheery, to be carried to Eng-
land at a freight of 2 per cent. The Cheer!), had
also a git.at qual,tity of dollars consigned to other
merchants in London, and on her arrival at.Tports-
mouth the whole was sent up to the Bank of England.
The' different consignees applied there, when a defi-
ciency of tour barrels was discovered. Intimation of
this was given to the Officer on_board at Portsmouth,
and a filither search was, tuaAe in consequence, and
two of the missing barrels were found and sent up.
`The remaining two could not ,be found; and the
plaiwiff, having• received only ig barrels instead of
, brought'this adion to recover .the value of the
two which were not delivered.

The bills of lading, signed by Lieutenant Fouler-
ton, and dated at Buenos Ayres, being proved and
read, Mr. Serjeant BEST, for the .delendant, con-
tended that the action could not be supported, the
trading at Buenos Ayres being illegal.
Sir J. MANSFIELD.—" Is it for want of a license
from the South Sea Company ?",
Mr. Serjeant BEST.--." Yes, my Lord :." then in
support of the objection " he read the South Sea. Act
(9th Anne), by which the trade' within certain li-
Including the River Plate, was excl
vested in the South Sea Company; and all trading
there by any other British subjects is not only pro-
hibited, but the ships and calves are declared to be
forfeited : and stated that this point had been already
decided in a case of Toulmin against Anderson."
Sir J. MANSFIE.I.D.-..." The South Sea Company
have given up trading."
Mr. Serjeant 8E5T...." They owe a certain sum
to Government; and the money they receive for
licenses enables them to pay those sums to Govern-,
went.,'

Sir J. MANSFIELD..--" There is no pretence to
say that any of this money goes into the pocket of
the Company, but it goes to their treasurer or clerks.
Brother Shepherd, what answer do you, on the-part
of the plaintiff, give to this ?"
Mr. Serjeant SHEPHERD stated, that upon the cap-
ture, of Buenos Ayres, in 1800, an order in Council
was issued, allowing the trade to all the King's, sub-
jeas, and in the following year an Act.of Parliament
was passed, repealing the South Sea Aa.- as to all
places which then were, or thereafter should, come
into the possession, or under the dominion; of his
Majesty.
Sir J. MAtismot.n.—" We were obliged in the
former case,very much againsit our will., to decide it.
It was an abominable objection, because every
man living thought the trade legal: Every thing
done by the present trading there was fair and prover:
there was no intention in any person to 'do any thing
wrong. The 47th of the King nicint to repeal the
Statute of Queen Anne,
,bet unfortunately the trad-
ing licenses by that Statute were confined to plates
in possession of the Crown of gretjt Britain, and be-
fore that time this place had been retaken ; and so
the Act repealing the Act of" Anne did not apply, be-
cause that place wak not in the possesSion at the
Crown of Great Britain.
My. Serjeant LEt.rs.—" Then we must apply to
Parliament again ?"
LORD CHIEF JUSTICE.-.-." If it were in my power
I would decide for the plaintiff. Is there any other
defence relied on ?"

Mr. Serjeant Bes T.—" No, my 4orct."—Plaintiff
nonsuited: ,

-iiii3HIONS FOR AUGUST.

FROtt AttER MANN'S REPOSITORY OF ARTS, FASHIONS,

MANUFACTU'RES, &L.

FASHIONS FOR LADIES.

MORNING DRESS.

A white robe of French cambric or jaconot muslin, but-
toned in trout trot} the thtOat to the lest ; Get inawcape, and
ant.que cull's edged with Vandyke lace. A plain muslin
short pelisse, trimmed with the satire. Cottage cap of lace;
decorateil on one side with a French bow anct ends of violet.
coloured ribbon, and tied across the crown and under the
the Linn witu a silk handkerchief of a lemon eolour, lialr
in- -dishevelled curls. Lemon-coloured kid slippers and
gloves.

PRICE 01.
St. Jatieci's Market 4s. 2,!.
Clap,: Market 4,• 3;.
Wifitecliap.Nlarket 0. 2::
per mime ofb11).
2s.
Average price 4s. 2iit.