The Sun.
London, England, 1810-12-24 00:00:00

DE GRAVF.S V. SMITH.

This was an action brought to recover 2421. 2s.
fticgoOds sbrec,--and 'delivered to a Mr. Wharicri:
•Rve, in consequence of the good charaCter given'
,of by the r'e.tendant. The plaintiff having.
been induced to tru,t Mr. Rye, from the good re
yiesernatiOn of 'him by Mr. Smith, and thar_repre-
'sentation of him having turned out to be -lake,
Rye' having' since become a 'bankrupt, the plainrin
now sought to recover the amount 'of the gods
which he had delivered to Rye from the de-
fendant.
I‘lt TOPPING stated the case at some length.--
Rani , his .statement it appeared, that the defend-
:ant, Mr. Suit It, was a linen-draper, ho liVed in
• 'Oxford-street that itr 1806, Rye, Qnd Mbffat were
.shOprnen to some line,n-draper tesident the same'
stteet, who failed : and that abet "sUch failure, Mr:
Smith was ;leased to sc tip those: two shopmen in-
business as linen-drapt'r's, ,in the house next to .his.
oi.viiresidence.' Whether Mr. Shlit.h had any share
in the concern carried on under the name Of G:
Rye and Co. he could not tell; but. the partnership
between Mo-ffat and' Rie' was dissOß'ed in' 1808.
After that evcot, Rye commenced busin'es on his
,own ac,-o(wi ; and he haVing dealt with the plain
;tiff before the dissolutifm, he a ain went' td him,
.and gave a small order to the :tun:)uni of atJdut 11.—
:The"-warehousetnan who managed Mr. 'pi, Gra% eS's
concern did not Objkt 'to executing thiii'order.: bet-
when Mr. Rye gave a further order for goods to
the amount of 431. bethought it prudent to. con
'suit his employer, Mr. De Graves, 'preViouSly to
executing Mr, be Graves agreed with, his ware- •
honsetudii, Mr. S'trA), that Mr. Ryer ought to giC=6
a reference., to some ie:;p_ec.iahle h oust as's-to his*
trust-worthiness. Mr. Rye, on being c:ille:Lon for
a reference, referred Mr. Swan to Mr. Smith. Mr.
'Swan accordingly waited upon. Mr. Smith, and his-
answer was so'sat4aa-ory that. MT. Rye's order was
ionediately executed, , Mr. SiritthgaVe- Rye 'a most'
excellent character, observing; that he had:1(.1.4 Rye
1,5001. on his own security ; that so highly titd he
think of him that ne'din not even deem it necessary
to -take the lease of the house or any rhinos a s'e-
curtly li; e 114 'afterwaid§ goods to a consider
able amount, and the good charaoer 14i 'en of =him'
by defendant alone indiaceSplaintiff to trust him. In
October 181,9 Rye became a bankrupt and there'
being something' extraordinary in the dealing be-
t,.vden Rye and Smith, the laiter was examined •be-
fore the Gnorniss:oners Of' BankrplAs. - At that
ex minatioh it' appeared that the busivess carried on-
by Rye an Moffat nad.been a loing concern to the
amuuot of 1,1751. and that on tae dissolution. of the
I

tarwership, andoit Rye's" continuing the business,
• Mr.' Stuith toOk Mt. Rye's warrant of attorney for
7,7001. for the 'profits 'and good-vill of the shop,
and by which he could come upon the premises at
'any time for that amount., " • Mr. Smith also' had- the
le:.le of the .hbuSe c - the house:as a further security,-
So that it appeared that ittteikl of-Mr. Smith's hay.;.
ink nothing by way of security, he had <t warrant of
attorney ,and, the lease of, the house. From the
same examination it appeared, that Rye hul re-
. dueed that debt or sum of 7,7001 to less that 30001.
in -the course of the year in which he Was. in bust-
. 'less, and which Mr. R. .said he:could Only .fia-e
dOne by pa'yitig such money ak arose. frbm the sale,
of goods he might have Obtained on credit to 'Mr:.
Smith.
_These faBs which'he had stated,would be
proved;' the gland of the proceeding would appear
from the circumstance of Rye having paid Smith
nearly 5,0001. iii the cehrse of twelvemonths; and
then not being able to pay' his creditors, he became.
a 'bankrupt;
Joseph Samuel Swan, the warehouseman-to Mr.
De Graves, was then called. He proved the vari-.
etas
..Circinnstances, and related they conversation
that took place between hula and Mt. Smith. Pre-

viously to executing the order for goods. to the
arnonnt of '431. he waited upon Mr. Smith ; Mr.
Smith said, that he once had more than 70001. in
.4yei conceit); but that he was then withdrawing'
it, though" he intended to_ leave in the hands.
of Rye. -He had no security for the then in
Rye's concern ; no lease or any thing of the kind;
and from that circumstance witness might judge
whetjier he (Smith) deemed Rye 'trost-worthy.,
After this character, the goods Were :sent to Rye
::-s were .other goOds afterwards, _agreeably to Mr.
Rye's, orders. 'This communication too:: place
about the Litter-end of 1808,_ but no other com- mu-

nicatiOn on 'that sUbjea afterwards took place.
The goods to the amount of 431 it appeared, by
the account, :had been paid for, tbsugh there
was now, a balance to
.tke amount sued for in this

Lord ELLENBOROUGH asked Mr. Topping whe-
ther he was conrenclibg that Smith, was liable for all

the goods that had lieen.sold, subsequieni to the sale,
of goods to the amount of 431. because on being
ap-
plied- to, previously to the de4ery. -unit pared,
he bad given, a false character of Mr. Rye ? There
was no other communication between Mr. Smith

and Mr.' De Waves, respelling Mr. Rye's trust-
worthiness, but the one related by,Mr. Swan; and
did, he contend that Mr. Smith was liable -for all

the goods soktzto Rye, after the giving of the false
character

Mr. TOPPING replied in the affirmative; • be-
cause,• he submitted, the chars ter was not a limited

one, but a general One.
Lord ELIENBOROCGEI said, that he had before
held to the (Ibntraiy in the Court, and- lie still re,'
tained that opinion, which had before guided other
deCisiOns of,a.similar nature. = The character given
by Smith must be conneeled with 'the particular'

time when he ,give and he having given a false
charater, he became liable for the ptircel.of goods
afterwards delivered to tlie,,amOuptof 431. but 16r,
'no no other communication having taken,'
place. . . • . .

The .plaintiff Was accordingly nonsuited.

D HA KRIS,'Ot No. 4, Marilett.Cou►t, liow-strect; and Ptbl
,ct, No. 1:2,-Straud, whete 4drertisements,,Oniers fi

Ftorn trio. LONDON /IZ•ETI'E, Yi.fc. 22, 18 It.

'Admiralty-Office, Dec. 22, .1810,

Vice-Admiral Sir James, Saninatez, Bart. and
trrqtstnitied to-John Wilson Croker, Esq.
a letter he had receives tioni 'Captain Ad:loin, 'of
hts Alaje*ty's sloop Ranger, giving an acconnt_ot his
having captured, and afterwards destroyed, the
ielainpu ainis h,privateer, of three guns' and seven-
lien wen.