The Sun.
London, England, 1810-11-09 00:00:00

THOMPSON V. WHITMORE.

The plaintiff' had been nonsuited in this cause
la,t Tenn, a point being, reserved for OIL-considera-
tion of the Com t.

Mr. Serjeant LENS stated, that this was an ai.'.tion
upon a policy of insurance on the ship Collioo,ood,
which was in the service of Government ; and, on
her voyage from Lisbon, had arrived 'at Sioke'S
Bay, when it was found necessary that she should
undergo some repair ; she was accordiogly laid
down: on Gosport Hard, where, in the course of a
tide or two, from her shores giving way, or some
other cause, she had sustained considerable damage
—the question was, whether this 'could.be calaa
peril of the sea, within the meaning of the policy ?
His Lordship had, on thex trial, expressed a contrary
opinion.

Lord Chief Justice MANSFIELD—" I think this
cannot be called a peril of the sea, when, tor the

LONDON : Printed by RICHARD HA Rid S, of No. 4, Martlett-co 1: L, Low-street and PKblished by WILLIAM AItMI G E R SCR Il' I'S, South Moi ton.
o
the N +OFFICE, NO, 1I 2, Strad, whore dcivertisementa, Orders for the Paper, Letters for the Editor- Zxo. !post-pciiia), muk

Frpces of re-air,the,ship,,haci, hee,n taken from tb?'
sea, am!. placeA itprinland."-
The original nonsuit—Waibf couNt,confirtnel
IhAII3LII AND oTnyas V. Ii6H:IODALLE AN
Is

trrn Has:
Mr. Seijeant Stir rrrei;ll -moved for a Rule t°
klia•
%hew catise'why the verdkt found against the P.- n
tiffs in this case should not be fief
action on a policy of insurance, effected by ad
JOnes, on a qnantity of brandy shipped on
the Mercurius, bound from eharante to London.
The Point was, whether the letter which had been
Writen to Mr. Jones, and which' was in his P°:i
,i
session at the time he 'effected the insurance, sil°ll..
not have been shewn to the underwriters ?
ity
letter had been written on the Rd of February, f`°°.
Cogniac, a tow n not very far distant frOttl
rante; it stated, "That the Mercurtus would
ready to sail in the ensuing week ;" on tilta, it,
17th, and 18th of that month, a very severe st0"11,
occassioned great damage in the Channel ; and LiP;
wards of ;Op vessels were .iost, arriong which i
the Mercurius. Mr.' Shepherd contended,, Wad'
Mr Jones having in his .possesion 'the 'letter 'dote
the 2'd of February, announcing the if,tendrd de'
parture of the vessel in the ensuing week, should
have produced it, as a thicnnient 01, the uttnost fir;
portanee to the underwriters-who would the'r
have been 'enabled. to' form a more accurate Pig'.
merit than they otherwise could.
Lord Chief Justice MANSFIELD— va
" It 15 a
question lett for the consideration 'of the J,,ry,
they appeared very attentive' tO it.. I' think I left
the circumstance of the letter, to be considered bi
them."
•
h
Serjeant You did, my Low, w.t
this observation, That as the UiLderwri,eis kode,a
the storm had taken place; iii :Was 'stringe th,Y ;
not ask Some questions.' I beg ledte to subn'll':
that the Underwritets',knowledge on,that.poii"
dered more- necessary that the letter should ha
%
been produced,"
• Lord Chief Justice MshicsriELD—“ Take a rule'
this is a question that must go to the Jury."

CHO/LIE:A V. YATES.

Mr. Serjeant LENS moved fora rule to shew ca`ls,6d
why the ve:dici obtained last Term in this
should not be set aside, and a nonsuit enteNdl,,
The plaintiff had brought his action fal
or deurra,ll;
under the following circtialstances :—A
of brandy had been shipped on board ins 'o°'
but the bills of lading had not been made DLit' d,
the common form, a clause having been , insertcnt
stating that the puncheons, Sex. should bt:tak-ell 'llO
iq twenty days after the arrival of the vessel or 141.
owner of the brandy to be liable to a charge
t i.he
per day demurrage. The vessel I.vas laying ill West India Docks,. and, by the provisiints'of die
Ai regulating the unloading of vessels there, w'lior
must be complied 'with, a delay' took pla'' hd
which, as the defendant could not prevent it' the
was not answorable. In Many instances also,
id..
state of the country might prevent a speedy 0111°tis
ing of the ships in the dock; which, twin var"-tr
causes, may at, times amount to a much gre,j
n.
number than at others; and if delay were oce'llot
ed by such unavoidable circumstances, it (-I'f
come under the agreement contained in the bill 1.,e
lading. If the •verdia were allowed in this c j
every trader who bad goods on board this ship 0
be habit!.
-41 t" . 'Lord Chief Justice MANSFIELD—".Bew-e6kool
defendant, there-are; I believe, two defaiiiters4
b.
whom the plaintiff- wotild also have a right to rtfice
ver. People ought to guard against the recurreol
of this circumstance in future charter-parties hot
other instruments; They may'agree or not, as ttecl
please, to pay demurrage, when they are prevelo,•'.
,from unloading-by the crowded state of the Dc'e ,
Rule granted.

We understand that the '" Coutes Ia -ma
lately published by 'Mons. BOUILI.Y, of the Frej of
.Academy, which has been so Lighly approve jin
by the Dowager Lady De CLIFF01(1), -and plac',
the hands of her Royal Highness the. Princess Cll.1s
LOTTL, has alreadrbeen adopted as, a Class-b 0
several of our most respe6lable Acade,;;ies, ,1;
of
therefore confidently recommend it to the not``—
the juvenile world.

BIRTHS. th 6
At King's-find HouSe, Bath Powick, Worcestershire'
Lady of Sir Edward Denny, of a Spn. ivcils,
On the ad inst. Mrs. W. Lax, of West Horrington, '
of aOnM Daughter.
ioodak last, at Whitehall, the wife of lose P-
-- Piliii'
more, L. L. D. of a Sol.
-.,

MARRIED:
toe
On Wednesday morning, at St. fames's Church, I'l°4ool
Waddelow, . Esq. of Littleport, Cambridgeshire, to
laughter of the late Mr. 1 as,ic Wing, of Milden-'o3"„"flei
Yesterday, at Sr. Michael's, Cornhill, by the Rev,,,e5,.°
inas.Wrench, lZeglor of the said Parish, Mr. lohn 101"
St. Paul's Church-yard, to Anne, eldest daughter "
Ell
he Same dayiezer Chater, ,
oatf
St. pp
Atigner'ClaputonL:, London. bridge, -
the polo
Samuel .Lock; U.D. to Sarah -Clinch, both of Wof
Surrey.
On Thursday, at Hackney, Charles Langmore, E
Hackney, to Miss-Louisa Jenkins, of the same place.
sq' •

• 1)1 L
e
Lately, at -the Madeiras, the eldest son of Sit
—1
Wat_son-,.flarr. • , itroor
On I uesday, at Fulwe,ll Lodge, Twiek-nbain Cnri'
the infant dang,hter of lames "Pcirndie ltownoitt, ESq• „or °i
On Wednes,tay morning, at Battersea, in the 67'11 jilty
his age, john Perry, Esq. in of Moor;the Cut'
,
Essex.
Livs 1 ,
'Vesterday,morning, at Camberwell, after a few ""I,Atj
• Laos
ness-, Mrs: Rich, wife of Mr. %Valiant (Licit of
hr
On the 7th inst. George Thorn, Upholsterer, of 130(.,
yard, Lincoln's-inn-fields : his death was occasioned 'OIP
erting himself at' the tire in the above place.' This. i'
has lett a,wite and hit cii Wren in lament his lobs• '

P/</Cli Oh

YESTE

Bank Stock, 244 k 249
Navy 5 per Cent. Zoo 99 ;-
Irish 5 per Cent. 97
4 per Cent. &z 241-,.
per Cent. Hen. 65
3 per Cent. Cons. 66 g
Bank L. Ann.. r 7 a 13.16t1ts

street, rr*vcror•ttitli
be addrmad.