Star.
London, England, 1802-05-03 00:00:00

FROM LLOYD'. LIST.

DEAL, MAT -.Sailed for the River the Duckworth,
from Martinique. Wind N. N. E.
GRATE/END, MAT a.—Palled by, the Union, RORSON,ftOIII
Riga; Vrow Concorde, &MIR, from Harling ; Twe Ge-
brodcrs, —, from Middleburg; Hope, MARSDEN ; Jonge
Franks, —; and Young Jonas, FLINT, from Rotterdam.—.
Sailed the Duke of York, 13ERRT, for Carthagena ; Marquis
Cornwallis, KITL Els, DiE Tobago ; Duke of Clarence,—,
for Barbadoes ; Hope, RYES, for Cork ; Ann, BUTCHER, for
Oporto; Lerwick, for Amiterdam ; George Ludwig,
—, for St. Vallery ; Hoop, Jarvis sr, for Dieppe; Vrow
Heykna, —, for Rouen; Hamburgh Borfe. —; and Su.
fannah, PAO', for Hamburgh ; Uric Gebroders, —; and
Johannes Sophia, Hoot, for Havre.

LAX hVTEI.LIGEn t.E.

SLUR:I7'3 cotw•r, LONDON. MAY r.
lIRFACII OF PROMISE OF '.IARKIAGE.

SMITH tr. HEATIICOTE.—This was an aCtion
to ought to recover comp:lV:tricot in damages t'or a
;•zach of prornifc of marriage,whercin the &fen-
int having fuffeted judgment go ty default, it
el:volved ou a .-,llcliff's jury to altefs the quantum
‘.t thole damages.
It :gyrated tLat plaii,tiff and defendant
were I,oth stricken in years, each of them fait ap-
proaching Duty. The Lady, however, being
l',ng tired of a widowed life, had communicated
refolution of changing her hate, and her con
f dant form provideti a candidate for her favour,
w hole recommendation had all the wilbed for effeet
c:tat either party valid den e, and her approbation
the refill!. The batms were put up accord-
ingly, piiblitlied, and all things were in train tOr
the wedding. The Lady rehed upon the mile of
her confidant in the choice of a hutband fuited to
her fancy, confulted her own choice for his wed-
ding fuit, and aCtually went to her Taylor, who,
by her order, toot bit ne4ire, and made up the
sloaths to this hufband deft ; hut, as his wayward
genius Ird him, ;al:cad of carrying the cloaths to
the 11..ielegrootn, he battened with them to the
bride, and prefented with them his bill for pay-
ment ; when, Oh ! borribile di,7u, no former had
the Taylor entered the room, than Cupid flew out
of the wild.ov. The Lady raved, and declared
lb would not have Mr. Smith or any thing that
belon;,,ed to him, and thenceforth would never
tee him. She accc•rdin7ly kept her negative af-
furance, and thereby broke her prorriled contrad.
Verdia for the plaintiff daro;4es 51. which, we
preform, was the amount of the Taylor's Bill, with
colts.

COURT OF KING'S JENCH, APRIL so.
PAGE V. TR•TIERs AND ANOTHER.

Mr. MISGAY faid, it was impollible for him to
conceive what defence could be urged in anfwer
to the prefent anion. The plaintiff was a mer
chant in London, and the defendants merchants at
Bridrot. The former had an adventure, con-
lifting of hemp and a variety of Miter articles, of
the value of near +pool. on hoard the Jae. which
was configned to Melia Fowler and Co. of Brit!.
port. The plaintiff had been in expeaarion of
heating from the Captain who had the conduit of
her upon the fubjeCt of her arrival, when on the
28th of Oaober la, he happened to be at the
Corn Market, and was accofted, much to his afto-
nitment, by a Itranger, who turned out to be Mr.
Travers, the defendant, and who alked him whe-
ther he was not the owner of a cargo configned to
Mr. Fowler? The plaintiff replied he was ; upon
which the other informed him that Mr. Fowler
was likely to become infolvent, and that if ht fent
him the papers and documents to enable him to
have the cargo delivered by the captain, in all pro.
liability he would never receive the produce of it.
Mr.Pageconfideredhimfelfver. ymuch obliged to the
defendant for this communication, and authorized
him to aft in the Wind's as his agent. On the
loth O& her the plaintiff wrote a letter to the de-
tendant, inclofing the bills of lading and papers,
which he delired him to prefent to Fowler, in the
pretence of a Notary public, a.td demand payment
of the amount of the cargo, ;0.,1 it' the tame was
not immediately paid, to let the tb tat y take his
anfwer, an protelt againft the colts and charges,
which might be the confequence of his refufaL—
The defendant thus authorized, went to Mr. Fow.
ler, who though embattatled in his affairs had
friends who were ready to affift him. Mr. Fowler
offered good bills in payment of the cargo ; but
the defendant would accept of nothing but calls or
notes of the Bank of England. Several perfons of
the higheft refpea.tbility came forward, and offered
checks on their bankers in London, for the whole
of the money, hut the defendant declined receiving
them, and made the proteft in the manner the
plaintiff had direaed. After this, the people of
Bridport made the cafe of Mr. Fowler fo much a
common concern, that every one who had twenty
guineas or who could procure call), took every
pains to do fo, and many rode forty or fifty miles
about the count: y day and night, to collea all the
fpecie they conk, in order to lend it to Mr. Fow-
h r, and enable hint to pay for the cargo, that he
might reap the advantage wiling from its rale.—
The .s hole was laid upon a table in the pretence of
the (I.:fend:tot, who then laid he could not receive
it without the expences of the protelt—the friends
of Mr. Fowler offered to pay them alto, and the
defendant having made out a bill, amounting to
J 4 ol• the whole was offered to him, but he would
not receive it. The Learned Counfel faid, he did
not wilt to impute improper motives to any man,
hot he ::new not how to account for the defen.
data's condita, in declining to receive the checks
which would have been converted into money the
rooment they reached London, unlefs b;; fuppoling
they %tithed to have the difpofal of the cargo them-
(elven in which cafe they would have gained a
commission, amounting to 4or pd. The conk-
(pence of all this delay was, that the tale of the
cargo was retarded, till by the event of peace its
value was conaderably lettered. Mr. Fowler hay.
ing tendered the amount in good hills and checks,
conceived himielf relieved from all refponfibility ;
the plaintiff had therefore brought this aaion
';gains the defendants as his agents, for not hav-
ing accepted payment when it was offered to them.
Ile trailed the jury would give the full amount of
the invoice and expences. and compel the defen-
dants to take the cargo, and if it was a toting bar-
g„ in trill and to that lot's which they had occafione.l.
'l'he cat': was completely proved—thofe perfons
who had otrered their check,, depofed, that they
had more than infficient at their banker's to have
honoured :hem. _ _

Mr. EISK I V E for the defendant, contended they
I%A done nothing more than what was confitUnt
;tit the trutt the iltintiff had repofed in them—
th,y knew from a letter written by Mr. Fowler,
•Lat his affairs were etnbarrafTed, and they there.
r. tlyright they wet e not iuflitied in parting with
caego,,...ithont the aelual payment of the money.
.

pally of the let er in which Mr. Fowler expreired
doubts as to hi, f lvency at the time.

M:". Mtirosv replied and contended, that no-
thing adv A:lced on the part of the defendants in the
degree altered the cate. He was particularly
anxious unoui this oecatioa, becanfe he would not
hive his client fiippe;'e that, as he was an old fol.
diet, and on the eve of retiring from fervice, he
virls lefs ab!e to fight fiir him and protea his inte-
rest than in the days of his youth. The Learned
Adv,:cate then tsprefled Lis determination of re-
tiring from the exercite of the duties of his profef-
lion after the prefent fittings.
Mr. Juilice I.E. BLANC appeared much affe&ed
at the impt alive manner in which this intention
was communicated. His Lordlhip in funning up
the cafe, obferved, that the defendant ought to
have accepted thole bills and checks, which among
merchants were sconfidered as legitimate payment.
The Jim: without hetitation, returned a verdiet
for the plaintiff, with damages to the full amount
of the cargo and expences. .

sHirLLY V. CLOVER.

This was an affirm upon a policy of infitrance
upon goods—flat feed, on board the (hip Mary,
on her voyage from Archangel to London. The
tingle quellion in the cafe was, whether there had
or had not been what is called a handing of the
velfel? for there had not been a ftranding, the
plaintiff was not entitled to recover the lofs fuf-
tained in the cattle. The cafe was thortly this :
The (hip arrived at her moorings in the river
Thames, where (he was moored 36 hours : in the
courfe of the night the ftruck upon an anchor, fo
that the water flowed in and covered the cargo,
which was flax feed—in that lituation (he was
hauled acrofs the river upon a mud. Until this,
the under-writer could not be lubjed to the lofs,
bccaufe the quellion here was, not a total, but an
average lofs, as the learned Judge oblerved ; and
the limple qiieftion was, whether the hauling the
veifel on this bank of mud was a ftranding ? If it
was a ftranding, the under-writer was liable, by
virtue of the memorandum upon the policy, fub-
jeeting him to average lofs of this perifhable com-
niodity, in cafe of firancLng, but no other. The
Learned Judge raid, the queftion was entirely for
the Jury ; but he could not help obferving, that if
this were to be called a ftranding, it would be eafy
to make an under-writer liable for an average lois,
when he would not he liable to it in point of juf-
tice and common lionefty..--by merely hauling a
•:ellel from the place of her mooring before the
cargo was delivered, and then the deterioration of
the goods would fall upon the under-writer, be-
caufe the fliip was Branded : by this fort of ma-
nagement an under-writer might always be made
anfwerable for every average lofs, although the
memorandum in the policy were meant to confine
it to the cafe of an aelual ftranding : however, the
Jury would fay whether this was a ftranding or
not ? if it was a Branding, the under-writer was
liable ; if no ftranding, the under-writer was not
liable.—Verdill for the defendant. This is the
fecund verdie upon this very queftion, the plaintiff
being nonfuited in the former one under the di-
reboil of the late Lord Kenyon.
The appointments of the trials of caufes were
then fettled for to-morrow and Monday, which is
the laft day of fittings before the Term.

14.11 Y I.
Before Mr. joflice Coosa and a Special
,Tarry.

THE ASSIGNELS OF ICIRKPATitICK V. CHARNOCIL.

This was an aeion of trover by the aflignees of
a bankrupt, to recover two (hares of a (hip called
the Mary Ann, flitted in the declaration to have
been the property of Kirkpattick at the time of
his bankruptcy. Mr. Kirkpatrick, it appeared,
was indebted to the defendant in the fum of 80001.
and aligned him this (hip as a fecurity. A bill of
Cale was ni.tde out and delivered over, but the
(hip being tl t n at fea,tle forms prefer ibed by Lord
Hawkcibut y's ASR were not all gone through at
the Cuilont.h:-lonle till the sth of December. On
the t9tli of November !ht. a& of bankruptcy had
been committed on which the commiffion
The cptcflion therefore wa,., whether as between
the parties the delivery of the bill of file was a
valid tranbter?

The ltarned Judge was of opinion that the in.
dorfement of the regifler by the owner, together
with the c Cher forms, was neceffary to a complete
transfer of the property ; and the Jury bting of
the fame opinion, found for the Plaintiffs.