Star.
London, England, 1806-03-06 00:00:00

LAW INnLLIGENCE6

COURT OF KING'. BENCH, MARCH 4,
DAT AND AttOTHER V. LAMB.
Mr. GAR sow Rated, that this was ap affirm to re-
cover the film of 5391. which the plaintiffs had 141,
in confequetice of the defendant having given a falfe
account of the folvency of one Jenkins, a bankrupt.
The plaintiffs, he Rated, were linen warehuufemen,
and the defendant dealer in Mancheßer goods.—
Jenkins applied to the plaintiff; in December 18434..
to deal with him, and being afked for a reference he
gave them the name of the defendant's houfe. 'The
plaintiffs accordingly fent a confidential !errant to
enquire of the defendant the circumßances of Jen-
kins. Mr. Lamb on that occafion Paid, he was a
man of refpettability, that he dealt with them, and
at that time owed them 5001. and they would readily
truß him with 5001. more. Mr. GARLOW laid, he
fhould prove that Jenkins, inßead of owing the de-
fendant sool. at that time, owed them upwards of
soool. and they no doubt gave this falfe flatentent of
his folvency, to enable him to get other credit, out
of which he might pay them in diminution of their
balance. For he fhould alfo prove, that between the
time of this reprefentation, and the time of Jenkins's
bankruptcy, which was only four months afterwards,
they dot paid near soool. With repel to the law
of thus cafe, any man had a right to iefufe to (peak
at all, if application was made to him repelling the
eircurnilonces ;If another, but if he did fpeak, he Ralo
bound to (peak truly ; and if he gave a falfe account
he was liable to pay the damage the enquiring party
fußained in confequence of his falfe ltatement.
J. Pedley, the clerk, who was fent to inquire of
Lamb the charafter of Jenkins, was called, and de-
pofed, that snaking inquiry the defendant laid, " he
has done bufinefs with our houk, and owes us 5001."
—The witnefs allied if he was a man of pioperty ?
The defendant replied, he did not think him a man
of much property, that he lived with Major Bien-
tell and Co. ; they believed him to be a very bonen
man, and they would give him credit for five hun-
dred pounds more if he wanted it.
A Mr. Andrews proved that Lamb admitted to
him that Jenkins owed them upwatds of pool. at the
Chriffmas before his bankruptcy.
Mr. TOPPING denied the law as Rated by Mr.

Gaaaow, and Paid, it was writ enough that the re-
prefentation was title, but it mutt alto be fraudulent
and with an intent to cheat the party inquiring; and
cited the cafe of Haveraft and Creafy for this (tate-
mem of law. He dated that he Mould prove that
the party who gave this charafter to Jenkins, gave it
iota At, and httufelf iotrufted him to the amount of
Come thoufands afterwards.
George Lamb, the brother of the defendant, Rated
that he was in the warehoofe when Pedley cause to
make the inquiry refpefling Jenkins. He depofed that
Pedley afked if Jenkins owed them vol. Wien!' of
his brother, telling him fo in the fiat Matinee. He
rthen produced the beaks, by which it appeared that
they gave Jenkins credit to a large amount after this
flatement.
Lord Ezzemanitoucm Paid, there was no pretence
for this anion ; indeed he never recollefted above
one anion of this Cott that was an boseStoes—Plain•
tiff nonfuited.
DAWIOII V.aTTY.
This was an anion on a policy of infurance upon
goods on board the Ihip Hertaiune, from Liverpool
for Meffina and Sicily, underwritten for one htln•
dred pounds, upon a•premium of eight guineas.—
While proceeding on her voyage, the thin was cap-
tured by a Swills privateer from Algefiras, and car-
ried into Cadiz.
The neceffary fans of (hipping the goods, and the
fubfequent capture, being proved,
Mr. Gaaaow, for the Defendant, endeavoured
fill to thew that there was a collation between the
Captain of the Hermione and the Captain of the
privateer ; as it appeared, upon the evidence, that
they did not appear to be inimical to each other ;
bat, on the eonttary, had lodged at the fame hotel
in Cadiz, kept the fame table, and were in habits of
friendfbip. The Learned Coonfel then contended,
that the (hip is queftion was au. American veal ;
or, at leaf, from the evidence, was reprefeoted to be,
Poch ; and, therefore, he objteted upon a point which
Ina confideradto be perfenly new in the dontine on,
infuranceoand called the attention of the Court par.
titularly to a future invelligastion. If this velfel were
an American bottom, as he mad take it fen-genteel,
[tom the evidence, that the was, he contended,. that,,.
according to the treaty between Spain and the
Uhited Slates, it was neceffary for the Captifn jfo
have what is termed " a lea letter," as well as 1l ier-
tificate, from the proper officers at the pert from
whence his fhip lan cleared wit, tellifying tha,t. The
carried nc contraband goods ; lie, therefore, tubm't•
ted, that, inafmuch as thi► (hip had been reprelented
to be an American, it was necegiry thefe documents
thould be produced. Betides, be contended that the
p►emium 'mild have been double, had not that re-
prefentation been made.
It appeared, however, thait the reprefentation had
not come direelly from the Plaintiff himfitlf, and an
advertifement alluded to, Bating her to be an Ame-
rican, appeared lime time after the policy had been
effeeed. The velfel was Paid to be a general flip.
Lord &tin Boitounit thought, that the donrine
of reprefentaiit,n might, in many cafes, be drawn
too far, and fhould be received with great fufpicion
and caution. But in this cafe there was no ground
for the Defendant to (land upon. There fhoold be
not merely an implied warranty, but an anual war.
ranty ; whereas, there was not a pretence for either
one or the other.
His Lordthip having taken a note of Mr. Garrotes
nbjeCtion, the Jury found a verdi(l of 9,1. 12s. for
the Plaintiff.
MARSDEN aNn insists v. BLAIR AND OTHsItS.
This was an anion for goods fold and delivered,
brought by the aflignees of one William Grayfon, a
bankrupt, to recover the value ot a quantity of wheat,
alledged to have been fold to the Defendant by the
bank' opt.
It appeared, that the Plaintiff had purchafed a
quantity of corn flour perfons of the name of Wilfon,
for which lie was to give his bills at two months ;
but the corn was not to be removed from Wilfon's
warehoufes, but to be fold again, and Wilfon to have
the benefit of the (ale, as the fa nor. Soon after, the
bankrupt met one of the Defendants on the Coin
Exchange, and ptoducing a fample, offeeed the bulk
to him for tale at a certain price, but fiipulated, that

ifon, in lade erarehoure the commodity ilia re-
mained, never having been removed, Ibould have the
benefit of the (ale ; to this the Defendant teemed to
acultierce, and Grayfon loon after becoming bank-
rupt, the anion was brought by his aifignees.
Lord ELLINIOROIIG N thought there Was nn colour
or foundation in this cafe to fuliain an anion, as fur
goods fold and delivered ; the commodity never
having been removed from the poffeffion of the ori-
ginal owner. The Plaintiff was accordingly Noufuited.

SIMMS, DAT.—The Ticket No. t 4,630 drawn
on Monday a Prize of toool. and No. 16,567, a
Pr-.e of pool. were both fold in Shares at Bism's
OfOces, 4, Cornhill. and 9, Charing Crof6, where the
following Prizes this Lottery, have Alf() been fold in
Shares : No. 4677. a Prize of
Prize • of meal. No.
24,630, a Prize cf 'owl. No. 1689, No. 15,694, No.
:9,063, Prizes of 5221. and No. 10,391, and No.
21,277, Prizes of Soot. each. Tickets and Shares
are felling at Brill'S Offices, warranted undrawn, and
the Firli Ticket tomorrow, is entitled to Five
Thoufand Pounds.
The following is the (late of the Wheel at the finiffi
of Monday's drawing :
Prise of
z
a
4 --••-

4. sooso*

- 1000
- 300