Star.
London, England, 1808-12-28 00:00:00

4-4 IV LVIEZ.LIGENCE.

COURT OF KING'S BENCH. DEC. v.
111.7KN1L1,1 AND At:OMM v. WOR.SWICK.
This action was brought by the plaintiffs, who arc
the assignees of Messrs. Bland and Satterthwaite,
against the defendant; *be is a respectable merchant
and banker of Lancaster, for premiums 'of insurance,
amounting to *612. 11k. 6d. to which he pleaded a
tet-of in a bill of eschange for 10001. which had been
accepted and dishonoured by Messrs. Bland and Co.
whose bankruptcy took plate on the 19th of May last,
by their desiring 'their clerks to deny them to their
creditors, if any of them came for money ; accord-
ingly, a Mr. Cope came an that morning for money,
and a clerk of the name of Griffiths denied them,
though they m ere,bath up stairs.
Mr. Bedford, another clerk, proved the insurance
done by Bland and Co. on account of the defendant.
Mr. Topping' for the defendant, said, he would
clearly shew to his Lordship and the Jury, that his
client was fully entitled to this set off. The bill in
question was drawn by Dawson and Co. on the 7th
of May last, at tea days sight, and paid to Messrs.
Warwick, Son, and Co. who remitted it to their
correspondents in London, Messrs. Cox and Co. and
on the 9th it was accepted ; falling due on the 19th,'
the day on Which Messrs. Bland and Co. stopped pay-
ment, it was dishonoured; and therefore the defendant
was the bona fule holder, of it, prior to the act of Bank.
ruptcy.. It -however appeared that the business was
done on account of the defendant solely, and the
holders' of the bill being Alexander and Richard
Wbrswick, his Lordship was of opinion the defend.
ant could not be entitled to a set off,' as his brother
hadnot divested himself of theinterest he had in it
betbre the present action was brought.--Verdict for
the Sailitiff 6121.115. 6d.
•
•-• • KELLY AND ANOTIII3IOI WALT,O;;,!.
This was-an action on a Policy of Insuranee; which
had been effected in December last on a cargo of flax
seed, on, the American ship Holl.ind, at and from
Philadelphia, to a port or ports in Ireland. The
cargo had been shipped and the vessel ready to rail
when the Embargo was laid on all ships in the Ame-
rican ports, and on the 11th of June last the plaintiffs
abandoned to the underwriters. The case.stood on
akin iission, and Mr. Green, the agent for the plaintiffs,
whey arc Merchants in Limerick, proved that the
sowing season for flax seed was over on the 110th of ,
May,, and that the account o£ the Embargo had:
reached this country about the latter end of January.,
An Irish Act. of Parliament was produced to shew
that no flax see 4 cOuld be sown lint the seed of the
preceding year, under certain penalties.
Mr. Manexarr fur the defendant, took several ob-
j.ctions to shew that this abandonment was not made
at a proper time, and that it was not a total loss,
which points were _reserved by his Lordship, who was
of opinion that the plaintiffs bad let slip two opportu-
nities of abandoning, Ist when they received the ac-
vaunt-Of the Embargo, and again, when after the
8 %wing season was over, on the 10t11 of May, but
instead of that they held back till the 11th of June ;
had they intended to abandon, they ought to have
done it with p-tomptnesi, and not suffer so much time
to elapse: however ryas a new case, and ought to
be maturely considered in another place. The Jury
paired, and brought in a verdict for she defendant.