Star.
London, England, 1808-11-07 00:00:00

COURT OF RING'S BENCH, NOV. IS.

RUGGt4NI3 OTHERS v. MINET AND OTHERS.
The Plaintiffs brought this action to recover the sniff
of 17001. being the amount of goods bought, w!tich
were afterwards destroyed by the late fire at Dover,
before they were delivered to the agent who purchased
them. The Plaintiffs were eminent druggists, resi-
ding in Flee:-street ; and the Dcfendants merchants
and bankers, residing in Austin-friars, London, and
'who keep a banking-house at Dover ; and this suit
was brought to get back the money, which, as banker's
and agents to the Danish Commissioners, of whom
the goods were bought, and who are the real Defen-
dants in this action, they had received.
The chief point to be decided in this cause was,
when goods are sold at public auction, without any
printed conditions of sale being given, at whose risk
the goods are to be considered atter the deposit is
paid, whether at the buyer's or the seller's ?
It appeared that the Danish brig Young Henry,
laden with spirits of turpentine, was condemned as a
lawful prize by the Commissioners for the disposal of
Danish property, and by their direction the cargo was
put up to sale. Of this turpentine, the Plaintiffs,
through the medium of Mr. Acres, bought a large
quantity, amounting to the sum of 17001. which
sum was paid to the Defendants, mid shortly after-
wards, through the negligence of one of the men
who attended in the warehouse, and who incautiously
went to fill the casks with an unprotected candle, the
whole of the turpentine, together with gunpowder,
and other combustibles, were destroyed, the ware-
house blown up, and the man narrowly escaped being
killed. It was proved, in the course of the trial, that
the auctioneer had stated, that the casks containing
the turpentine were to be filled up previous to their
being delivered ; it was also proved, that in the very
act of filling them the accident occurred, and that
when no specific time is mentioned in the conditions
of sale, that the goods generally are considered as
being at the risk of the seller for 30 days; or that
where that is not the case, it is usual to give notice
to the buyer, in order that the goods may be by him
inAred, should he think fit.
The Counsel, on the part of the Plaintiffs, were
Messrs. Garrow, Puller, and Laws ; on the Defen-
dant's side, the Attorney and Solicitor-General. On
the part of the Defendants it was strongly contended,
that the goods became the buyer's the instant they
were knocked down to him•by the auctioneer; and
that consequently they were bound to sustain any
loss or damage that might occur through inevitable
accident, unless stipulations were made in the articles
of sale to the contrary ; or that it could be made ma-
nifest, that the fire was not accidental.

Mr. Gamtow, on the other side, strongly contended,
that it was the usual practice, when no printed con-
ditions were given, for the goods to remain in the
warehouse a certain time, at the risk of the seller,
and called several witnesses, who gave their assent to
this position ; but the strongest points of all which
were urged in favour of the Plaintiff was, that the
auctioneer, at the time of sale, had expressly stated,
that the casks (which had leaked considerably in the
passage) were to be filled out of the two last lots in
the catalogue before they were delivered to the buyers;
that the two last lots on this very account were to be
sold at a price according to what quantity of turpen-
tine might remain after the other lots had been filled;
that his clients had paid not only the deposit, brit the
whole of the purchase-money, and had sent several
letters to their agent (Acres) expressing their wish to
have them forwarded to London without delay, hav-
ing actually sold part of them to another house, and
,that it was in the identical act of making the lots
. ready for delivery that the fire happened ; and it must
- cow-se be clearly understood, that te plaintiffs
..frould not have the goods till they were made ready
for delivery ; and, therefore, as his clients were ready
to take them, had paid for them, and the fire had
taken place before the casks were coopered and filled
ready for them to ship to London ; that the Jury
must clearly see that the goods were at the sellersrisk.
The Judge seemed to think it right that the Plain-
tiffs should have their money back, as they had re-
ceived nothing in return, but he was not fully de-
cided mom the law on the subject, whether the goods
were Lona fide the purchasers. and at his risk, the in,-
sunk the deposit was paid, ho therefore thought, ii
the Jury found a verdict for the Plaintiffs, that that i
point must-be *Served for further consideration.
The Jury ifeordiney found a verdiee`rot • the
Plaintiffi, subject to the reserved point oft**, toe,
the opinion of the Twelve Judges.

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OOLLINGi V. LAING. .. , . ~
This was an action. for goods sold'Oddenieied.
as
The Plaintiff is 't builder of machinery :resident in
Westminsteihridp Road, and the Defendant, The
. owner of Plantations in the West Indio, who hitolie
a, Over-mill, ivlu .di i'y.a constructedconstructedOder hiiine.s
iii* and 'direr iort iu being finish4,.ilie .
tiff applied for, palibein, and was direetta ito
his bill to a Mr. Itarcla)•, the went of the Defendan
.. in order to its being paid.. This Mr..Barcr-ly did-a
'ecitigAngly, not in ready money, but by a bill at ch.
"Months' date; the Plaintifflineing agreed with Mr.'
to allow him seven and a hilt. per cent. :if_..paid in
ready money. Before this bill became due, Mr. Rl*
elay failed, and the bill being dishonoured, the Phi*
tiff brought the present action. - 1
The defence was, that Mr. Collina havlil made
his election to take Mr. Barclay as his security, instea4
J ready money, as ordered to be paid, Mr. Laing'
becittne thereby discharged from all further obligation
' froth the debt ; the more so, as he had been charged
Lie same as ready money in his account with his
agent.—His Lordship was, however, iii a contrary
opinion, and there was a verdict aceartsruikti.forlthe
P.kitilkiff.,-64)amages Art:-. 153', .7. ' -:' " : ... -
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