Star.
London, England, 1808-07-21 00:00:00

TRESPASS.-DRUSISIOND V. ZIVDEGATE.

- - -
This was an action of trespass, brought to try the
right to a fishery in a certain ditch branching off the
River Colne, in Hertfordshire. The plaintiff claim-
ed in right Of the Mayor and commonalty of London ;
and the defendant, Sir Roger Newdegate, in right of
his manor.
It appeared from the whole of the evidence, that
though the Newdegate family had claimed the right
to the whole or half of the fishery in question, the
claim had seldom Or never been allowed, and the
weight of posse,.sion, as well as reputation, was in fa-
' your of the Mayor and commonalty of London.
Vet diet for the plaintiff.

JULY 110.-stocif Atseretrie+oWOOPE 'Montt.
This was an action to recover the value of some
beds and .lines, tassels and pallies for wirklow-turaiAt,
alledged by the Plaintiff td hale been sold hi hint to
the Defendant. The defence set niS was, that the
lines, tassels, and putties hid been already paid-for,
and that the beds had been fornished only on trial.
The plainff, it apieared In ev;_dence had a house,
No. 13, Hanover-street, Hanover-square, whete..he
sold goods, by auction. .The custom was, as stated
by one. Wicks, who had been in the Plaintiffs service,
to get goods from different tradesmen, and to sell
them at this place, which had ever y appearance of a
handsome privatehouse, as the property of some one
deceased, or going abroad, &c. The Defendant, a
special, pleader, who wanted to furnish a house, seeing
an advertisement that the furniture of T. Alexander,
Esq. deceased, was to be sold by auction at this house,
went in and bought goods to the amount of 2001. and
upwards, and among the rest some window curtains.
When these were sent home, he expressed his surprise
that they wanted the tassels and putties, &c. which
had certainly belonged to the curtains he had bought.
An excuse was made at the time, and lines, tassels,
and putties were afterwards sent. He also applied
to the Plaintiff for the beds in question, which the
other agreed to provide. Happening to pass near
the place, some time after, he saw that another sale
was going on in the same house, and stepping in,
found his old friends the different tradesmen there,
and a good deal of the property set up again which
he had seen sold before. 'Lis having raised some
suspicion, he refused to take the beds, unless he might
first have them on trial. To this Wolfe, the 'auc-
tioneer, agreed, according to the testimony DI-Lewis
Nimmo, a pupil of the Defendant.
-Lewis Nathan, an embroiderer in the Strand, de-
posed, however, that hi had applicd'to the Defendant
for payment, and that the Defendant had said that
he would next day see Mr. Wolfe, and pay the bill ;
the inference from which was, that the property had
been sold outright. Before the end of two months
from the time of delivering the beds—two months,
according to the evidence of Crompton, a bed-maker,
being a reasonable time for trial---the Plaintiff ar-
rested the Defendant, and commenced an action.—
The Defendant, rather than have any dispute about
the matter, offered to pay for the goods, but refused
to pay the costs. • This offer was rejected, and the
action proceeded.
Sir J. MANSFIELD, C. J. in summing up the evi-
dence, remarked upon the improbability of the testi-
mony of Nathan, as to the Defendant's engaging to
pay the bill, which included the lines, pales, and
tassels, for which the Plaintiff had certainly ;,iia de-
mand.
The Jury, after deliberating a few minutes, found
a verdict for t'.e Deiendaiv.

BIRTI4.
on the 16th ituta lit I•wm_keitham, Lily Elizsbeth

DSEI).
Sunday bat, Mrs. !Minsley, wife of Edward Bi
'df Aockavold, Not Lb.

Toe, niornhrit, at her house In Pdttitoks-squitte,
arm. a ion illftess, wki...h she am p7nrted with the' gre,a4
„ids ari4 resignation, the Right Ilou. the Dowager Lady
Ittas, iri the Cowl, yof Way-a ieh.

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