Star.
London, England, 1805-01-29 00:00:00

INGRAMS ro. josErn FOSTER.

The Plaintiffs are Banker: at Wakefield, and for
merly kept cafh for the Defendant, who is a trader,
at the diflance of eight miles from the lathe place.—
This canfe was tried before Mr. Juflice Chambre, at
the Aflizes f.)r the county of York, when the Plain
tiffs were non-inked.

Mr. Juftice Le BLANC read the Report of the
Learned Judge. The aBion was brought to recover
a balance of account. amounting to 6191. tp. 6d.—
All the accounts between the pat-ties had been let
tied, excepting what refpefted a bill of this precife
amount, drawn by John Plowes, on the 15th of
March, 1803, dated at two months, upon William
Smith and Co. of Newgate•ftreet. This bill was paid
into his bankers by Mr. Pohl-, and was remitted by
them to Meffrs. Strange and Co. It was prefented
for acceptance en the 18th of April by a notary :
after two days had expired, the notary called for it,
on which the drawees begged it might remain until
the next day : it did fo remain : and the next day,
the 2t ft of April, it was returned unaccepted ;—no
notice of the delay of the acceptance was given. On
this evidence, the Defendant's Counfel contended
the Plaintiffs ought to be non-fuited. The Learned
Judge replied, that he recolleaed no inflance of the
Rule having been held fo fiddly, and he refufed to
nonfuit, upon the ground of the delay of the notice
of non acceptance. James Wharton was the witnefs
on whole teftimony the nonfuit was afterwards di-
retied. The bill was due, we have Paid, on the 18th
of May, and it was prefented for payment on that
day. Wharton raid, on Whit Monday, being the 3oth
of May, 1803, he went with a letter to the Defen
dant, from Meas. Ingrams the Defendant read the
letter at the door, and Paid to this meffenger, he had
beard of the bill, he had notice of it the week before
from Mr. Kennet (one of the partners in Melfrs. In-
grams' bank.) He added, he had been out of his
goods fix months, and then they (meaning the draw-
ees), difkonoured the bill. " There was (laid the
Learned Judge) no evidence of notice, but what the
Defendant acknowledged to Wharton, and that ter
timony not carrying the notice further back than the
33d, I thought the notice in due time was not prov-
ed, and therefore I nonfuited the Plaintiffs."

Mears. Tomo° and HOLROYD addreired the
Court in rapport of the nonfuit, -both on the ground
of the deficiency of the notice in refpeft to the non-
acceptance, and to the non-payment. A holder of
a bill was bound to give the fame notice of non-ac-
ceptance, as he was of non-payment. The cafe in
sth Burrows, of Lezzarr and Hurft, was defini►ive on
this queftion.

Lord ELLINECOROUGH." I have been favoured
with tome explication on the law of merchants, as
it prevails in Hamburgh, and tame other places ;
and it appears there, the keeping a bill left for
acceptance, twenty-four hours, is ipfo fade an ac-
ceptance."
The Learned Coonfel quoted feveral paffages from
Marin:, from the third edition, page 6t, under the
title " Three days for acceptance," and fur they cited
from the title, "Twenty-four hours for acceptance;"
where that writer attempts to diffinguiffi between
courtefy and civility to the drawer, and the rights of
the indorfee as affeCted by the lathes of the holder.
The flame of the 3d of Anne, was alfo cited, where
it is enaeted, that a bill given in payment, ffiall, with
refpeft to the giver and receiver, be confidered as
payment, if the latter do not duly prefent it for
payment, whether it be paid or not.
Mr. PARIS (aid, that he moved to fet afide the
nonfuit, on the principle, that what the Learned
Judge undertook to found the nonfuit upon, was the
fit and neceffary queltion for the decifion of the Jury.
When a party exprefles that he bad notice of the
non-payment a week before, it was a point for the
confideration of the Jury, whether the time implied
by the expreffion, a week before, were due and re-
gular notice, under all the faits and circumflances
explained, or connelted with the evidence. It was
not fo neceffary to apply his remark to the obferva-
tions of his Learned Friends, on the queftion of no
tice for non-acceptance, becaufe that was not the
ground of the nonfuit ; he would however fay thus
much on the diffinetions of civility and courtefy, and
the rights of the parties adverted to in Marius : It
does not appear if the tills in quellion referred to by
that author, were at fight, or not ; and the whole of
the difficulty would depend upon this particular."
Lord ELL& w soaouo As to the point, if the

Defendant had notice the week before or not, I think
it should have been left to the Jury, if this were due
notice or oll►erwife ; but I flitiuld very much with
the other matier to be confidered, and minutely en-
quired into : I mean when bills are left for accep-
tance, if there be a limited time within which the
anfwer muff be given, whether they will be accepted
or not ; and further, if it be within the option of the
parties to indulge the drawee with an additional
time to refled on the propriety of giving his accep-
tance, and if fuch indulgence molt not be-notified
to the parties interetted in the bill."—Nonfuit fet
afide.

LONDON MARKETS:

CORN-EXCHANGE, MONDAY, JANUARY 2:.

RETURN of WHEAT in Mark-lane, including only from the
t 4th of January to the 19th of Jan —Total 11,094 (linters.
Average 961 71d.—as. ad lower than laR return.
A RETURN OF FLOUR,
From the tads of January to the 18th of January.
Total-14,738 tacks—Average 89s. ad.—
os. Bd. lower than hit returu.
PRICE OF HOPS.
BAOS. POCNCTS.
Kent - 41 CM to SI OS Kcnt - 41 81 to 51 121
Suff.= - 41 (DS to 41 16s Stllkl - 41 6s to 51 os
Eifel - 41 os to 41 ifis Farnham 71 os to 81 os
PRICE OF HOPS IN THE BOROUGH.
Begs 41 10S to SI SS I Pockets 41 155 to 61 as
PRICE OF SLEDS.
Red Clover 52$ to toss per cwt.
White ditto 65$ to tabs do.
Trefoil s6s to 4as do.
Carraway 1561 to 140 S do.
Coriander, Its to ias od do.
Turnip 18s to 24$ per bulls&
Whits Muftard Seed, 5$ to its od do.
Brown ditto, 9$ to 18$ do.
Canary, 7s od to 8$ od do.
Rye Grafs 141 od to 32$ od per quarter.
nroad Bea s 34s od to 74$ od
Long Pods 38s od to 561 od
Tares 376 od to 444 od
PRICES OF HAY AND STRAW.
Smithfield. St. James's. Whiteehapel.
Hayperload 4 4 to 4 45 3 ooto 4 14 0l 3 14 to 4 8 0
Straw z 16 to a o 1 16 oto 3 5 0 1 16 to 2 2 0
Clover 4 4 to 4 16 4 4[o 5 5 0
SMITHFIELD, January 28.
To fink the offal—per (tone of 81h.
Beef 4s 01 to 5$ 6d I Veal 6s od to Ss 8d
Mutton 4s 4d to ss 1041 Pork 45 44 to 511 44

111EAD OP CAT I 1,. TIM DAY.
I3eafts about.lBou—Shorp 17,tec.
NEWGATE and I.FADLNHAI.I.; January 28.
Per llnue of 21b by the carcase.

Beef
Mutton

3s 4d to .44 rod Veal 49 8d to 78 Ed
43 4.1 to is 81 Pork 44 4:1 to ss 44
PRICE OF 'CALLOW IN LONDON.
St. James's market 4% it Town Tallow 711 od to 03
CL re Mae— t 48 24 Ft otTio ditto (can.) 683 od to 731
WI.; -eels:qt.:l Mirka R effia t':tto I.t.tap) 678 od to or.
(pet hone of 81:).) 43 nd Melted s:,ti 58s od to es
oit to rough Ates cd to 08
123 6tl Oreaves 123 cd.
Average Price 43 24 Good Dregs ts to os
Yellow Soar, 78s. to cs..—Mottled,BB4.—Curd, 925.
Price of Candies per doz,n, i ti. lac
RAW HIDES.

Hides (perßoce) 39 84 to as od Horfc Skins Ist od to 20s
Middling 3s 4d to 35 6d Heavy Caff 12s od Lad)
Ordinary
33 od to ;s zd Sheep Skins 3s od to Os cd
PRICE OF EATHER, per lb. AT LEADENHALL.
Butts, so to 561 h each 23d to 244
Ditto, 60 to 651 b 2,4 to 264
Merchants Back. —d to —d
Drefling Hides 22d to 23d
File Coach Hides 214 to 25d
Crop Hides for Cutting 23114 to isd
Flat Ordinary 22.0 to 23d
Calf Skins, 30 to aolb per dozen 326 to 38d
Ditto so to 70'h 344 to 38d
Ditto 7o to 3oib 324 to 344
Small Seals (Greci.h.nd) per lb. 35 64 to 35 9.1
Large ditto loos to 170 s per doz.
Coot Skins 255 to 655 ditto.
Tanned Horfe Hides 3os to 42s each
COUNTRY MARKETS.
PRICES OT GRAIN AT IHE FOLLOWING MARICTTII.

ISASINOSTOi r..—Nt'heat 53s ed to tlos od per Quarter.
Barley 41s od to sos cd I Brans 498 cd to 53s od
Oats 23$ od to sts od Peale oos od to oos od
MAintnat4n..—Wheat 85s od to 114$ od per (:).L.
Barley sot od to 52$ od I Bons SOS od to od
Oat. 27$Od to 332 od Peale c 6. od to 58s od
Newauste.—Wheat 56s od to 1151 al per Q.E.
Barley 46s od to 53s ad I Beans sos od to 56$ ed
Oats 241 od to 282 od II Peale 52s od to 57s cd
Hz N 222 .—Wheat 75s od to 226 s od per qt.
Barley 475 od to 52s od Beans 505 od to 521 od
Oats 261 od to Sts d 'Peale 48s od to 54s cd
READING.—Wheat 171 od to 130 s od per. Qz:.
Barley 44s Od to sts od I Beans 48s od to 541 od
Oats 24s od to 28$ od Peale 521 od to sjs od

DREADFUL FlRE.—Farther particulars of the fire
at Upper Adam (freer, Edgeware road.-7iefterday,
this place exhibited a molt melancholy fccne. The
relatives of thee who loft their lives by that deflruc-
tive element, came there to endeavour to find the re-
mains of their refpeftive friends, and fume fmall hope
was entertained that they might Dill be living. Seve-
ral men were employed to dig among the ruins with
the utmoft care, to try if fortunately any human being
might have had their lives fared by the falling of a
beam in fuch a manner as fometimes happens, fo as to
prevent any thing dfe from injuring their perfon.—
The men continued their labour, until night made
any further fearch of no avail. At that time five of
the bodies were taken out from among the ruins ;
but they were in fuch a deplorable Date, that their
neareft friends could hardly diftinguifh the perfon of
one from the other, otherwife than by their fize. The
youngelt of the children (about nineteen months old)
was brought out and carried away in a fhell. One of
the boys seas alfo found. The old, woman who lived
in the garret was a perfon who had a fmall annuity
from the Pewterers' Company ; (he was the mother
of the two big boys, and grandmother of the little
children—it was fuppofed that her body was among
thofe of the grown people found. Adams and his
wife mutt have been the other two. A boy and a
young child remain Dill under the ruins. An Inquelt
was held yefterday at one o'clock at the Three Tuns,
South Portman-mews, before G. Honcsost, Efq. one
of the Coroners for the County of Middlefex, upon
the body of Mrs. Pearce, who loft her life by throw-
ing herfelf out of a two pair of flairswiadow, after
(he had humanely endeavoured to waken her neigh-
bours, and Cave them from deftration.
There was not any circumftance mentioned before
the Jury but what was mentioned in yenerday's Pa-
per. The verdiEt of courfe was—Accidental Death.
There has hardly ever a fire happened of fuch a (hurt
duration which has been attended with fuch de-
arultion of human lives. A fuhfctiption has been
fet on foot for the relief of the furvivors. Mr. Barr
had regularly infured his property for the (pace of
15 years, but negleaed to have his policy ren•wcd
at Chriftmas

D VtDF.ND^•.

Feb 9. John Smith, lateollttteut: hut
. . . _

Ilmet, panth of St. Jame.. Wain:in:ler. ;11i Pr; ni<rch
3' eloren, at Guildhall.
February ta Ri,hard Hudfon, 01W,,rt,r, Y••rhlhirc, li..rf ••
.;ritil;or.
at (Imam, at the •Falbot Inn, MaL•on.
February t 6. James I iward the elder, I.ctitia Fozard, n.t Jarr...s
Fozard the younger, of Park lane, Piccadilly, nable-li eviler, and
eiipartn, rs, at ten, at Guildhall.
February 13 John King, of Berkelcy,Glnueefl ernaire, cordwaincr,

at ten, at tie Ram bin, Southgate, Gh.nceitvr.
February t 3. Tbon.as Rawlings, of Gloucefter, mercer, at ten, at

the Ram- Inn, (Ailments.
February 11. James A xfon, of Mancheßer, calico manuf .catuer,
at three, at the Star Inn, Manchelter.
February 4. Thomas Galt, of hitch yen. Cumberland. in, rchant
1.41 chapman. at tea, at the Globe, King•Rrce: Vl'hitchaven.
Feb 12. George Lunt( :on, of Neweande 1,;,0u Tyne, joiner, at
eleven, at Heirs Coit.ehoufe. Fyn,
Feb. 9. Robert Burton. of Ivy-lane, Newga:c-ilr.et, London,
bookbinder, a• eleven, at Guildhall.
Feb. 9. John Martindale. of New Bond-arca, Middlcfcx, wine.
merchant, at one, at Guildhall.
Feb. 9. John Frafer, of Charles Brect, Midilefex liof, iral, pal lila
of St. Mary la ponuc, upholsterer, at eleven, at G:nld•hall.
Feb. 9. Thomas Murrills, late of Tottenham, Middl, fax, Yidlual•
ler, dealer and chapman, at eleven, at Guildhall.
Feb. t 3. Wdlieni Lord, late of Shipil on-upon Stow., Warcefter.
lb' rc, druggitt and grocer, at eleven, at the George Inc, Ship Ron.
upon-Stour.
Feb. t 6. Henry Douell, of Golden Leg court, Cbeapfidc, London,
wholefale hofacr, at ten, at Guildhall.