The Sun.
London, England, 1820-12-20 00:00:00

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".. VICE-CFfANCELLOR,S COL,RT, Inc. 19.
This day was the last seal before the ChristwasvacAtirm..—
'Orton: hearing any motion:, his iiontior pronutiticed judg-
.tnent in several causes,
PERFECT V. 1.02.0 VISCOUNT CURZON.

This -ease also wttiod fur j wit:int:tit this day. It involved a
intricate 'questinivon a marriage settlement, as to whe-
ther issue of the. marriage, haring attained Nil age, but who
died during the lifetime of the parents, were. entitled to -a
poEtl,ait equally with children who snrvired the parents The
caie was twice.. very elatonately argued at the r. their.
for the. plaintig'; Mr. Star for the defendant:
The VicF.-Ct-trazylit,Lott, .after going through the carious
clauses-in the settlement, proMaunceti for tbedefendant,hold-
ing all the children to he etitialty entitled.

COURT OF K-ING'S BENCH, Dtc. 19.
HUNTER V. KING.

Mr.SCAIICTT stated that this was an• action. to' recover
front the defendant 4991., which be bad 10,1 through the neg-
ligence of the defendant, whir bad acted for him in the cha,-
racter of an -agent. Mr. King was a gentleman -who was
in the.babit of lending the money of other persons to indi-
viduals in the purchase of annuities. The plaintiff had been
introduced so hint as a person who had money ready to ad-
vance in that -way, and Mr. King endertook 'to inquii2e
him out a customer, and soon after he introduced to the
plaintiff a gentleman named Tuffncl, as a tierstin with
whom he might securely treat, and the plaintiff ultimately
agreed to advance to Mr. Tuffnel the stun of 493/. on the
grata of an annuity for the fife of Ttiffnel ; the payment
of which annuity was to be ensured on the security of the
Iles. Mr. Pyke, a Clergyman resident in Essex. The allflUitf
was accordingly granted, the deeds drawn up, and the secu-
rity of Mr. Pyke obtained by the Defettdaut...The first half
year's annuity was paid, but no more,' and on inquiry for
Mr. Ttlffitet, he was gone. • Mr. Hunter then applied to the
Defendant to know where Mr. P;Le was, and he refericd
the Plaintiff to than Gentleinam in Essex'.- On applying to
Mr. Pyke, however, it appeared that his signature to
warrant of attorney, 'eecuring the payment of the- annuity,
was a forgery, and in the billowing Teem Mr. Pyke applied
to the Court of
.King's Bench, and got the warrant.of attot miry
set aside. The plaintiff had thus lust iPs money _altogether.
He bad no intention to charge Mr. King • with having the
most distant reason to fnspect Mr. Pykr's-Sigtrantre Was not
genuine; but he did mean to charge' hiaa with not having used
due diligence on the part of his client to ascertain that the
security' was prod. The plaintiff had bait his money through
the negligence of Mil. King,. and lie now. sought to recover
the money lie bad thus lust by that negligence; •
The deeds: were proved. -• Me. 'Pyke was examined, and
proved that the name, signed to the. warrant,of attorni.fy,was
not his writing. It was /*lattice stated, that -Mr. Thffnet had
been alutiad for more than a year; and liatl,lett no property
Retread " .

Nit". liEsmatv Addressed the Jury on behalf of the defend.
ant, and submitted to their consideration the hardship of titis
case, as related to his client, to whom no fault. was ituputed.
and thought before they found a vet diet against bins they
would require greater proof of negligence that► any yet be-
fore then,

r.At Justice HOLlion) summed up.—The Jury tuund a ver-
dict tor the plaintaL—Damagei 5141. custs 40s.

COURT OF COMM)N PLEAS, DEC. 19.
SITTING§ BEFithE. JUDGE DALLM:

SEVERN, KING AND CO. V. THE PIIENIX INSURANCE

OFFICE.

This important Insurance cause which has occupied •the
Chief Justice of the Common Pleas and the dairy no less than
six days, seas this slay decided.
The Plaintitis,'Nevern and Co. brought their action as inst
the Directors of the Phoenix Company, to recover 15,0001. on
a policy of insurance. That sum was the claim they•have on
the Phtznix, in consequence of thc> destruction of their sugar
house in Union-street, and lio!ywell-street -by file. The.
whole of the insurances in different offices amount to 70,0001.
The claim was twisted by the Defendants on the ground that
the Plaintifl's had introduced a tsosv apparatus: for boiling
sugar with oil, which was more dangerous' than the old pro-
cess, and which they slid not •continniiicate to the Company
according to-the conditions of the policy. -- • - .

.
The Plaintiff's proved, by a•nnoierous horly of witnesses, that
the apparatus was less dangerous than the-old'oloode of sugoo-
boiling, as the new process is a; not so liable. o ignite as' the
old, being by temperattoreless inflarniunaie4 • A hody-of wit-
nesses on the part of the Dotendants came' td a ditlere:rt con-
clusion t they found it.rnore dangerous than the idd.proiceq.
utter the ••Learried iforite hail occupied from' ten in the 111'01 I)! •
inf.: to four o7clo'ek in the day .summing trp•the -evitlence,• hit •
delivered roost aide awl appropriate observations on the. bezr-
ines of the case.' There was no fraud illipwled to the Plain-
tiffs. It was ion honest transaction, and' he tett- thi..;ury
say whether the Ides ong•lot 'to crush a small netrober of-
persons, or be borne by Ow different stare-holders of large
Companies ?
Tbe JiArrretire4 etujor an hour and,three quarters, kid
rut their return found a vi :diet for tit Plaiutoifs—Damages,,
15,6001. Vhey also tonna Ore new process war, not st.r ,

. . .
-. •
dahgerou9 as the old ;• tfiat• it :did .litlt OCCarlaill Ibe fiTte ; a:!=.l
that the Plaintitk (10;itc,t cOvlromitate the prottss, beclots-e
the Surveyur lido:ling to, the.L.,sttrance Curopahy hall seta
the appattos. - . • .
The Jury coloplitherite,l ihe• Learned Jut)ge,on the htba2..tj
he ha.ti shewtt doting the }oar iarestigatiao ut the cuust.