Star.
London, England, 1804-12-07 00:00:00

:11, lIVTELLIGECE.

COURT OF KINGS BENCH, DEC. g.

111-AVIMAXIM V. MATV s, .iher;,f‘rtile CosOlj Beria •
Mr. Cs!kßitt,W Paid this was an afflict awl* the
sheaf ..1 Bet Mire, for having made It 'return of no
goods, where it was well known he hid feized on
good., and-had fold them under theplaintiff's execu-
u..n to a confiderable amount. The plaintiff. John
Slaymaker, having a confiderable claim agaiolt his
brotherßichard, for which he had ptitainid judgment,
a writ was direard to the Sheriffs to levy the fame
from the goods of Richard. Mr. Vincent, the plain-
tiff's attorney. underilatiding that fume interruption
was given to the butinefs, by perfons who pretended.
fit 11, that Richard had *committed an aa of bank-
ruptcy; and afterwards, that the plaintiff and he were
partners, gave the Sheriff time tillthe 14th of May to
rake his return. I'9 his allonahment, be afterwards
found, that although to his knowledge a feizure to a
great event had been made, a catalogue of the con-
teats, and an advertifement of the time of fele publifft-
ed, a return of no goods of which a levy could ke
made had been rendered by the Sheriff. They were
now told that, to bo lure the bankruptcy, the part-
&c. of which mention had formerly been
made, were founded on mitlake ' • but that the plain-
ti ought to be contented withs6ol. being the pro-
duce of the goods on which the levy was made...-.
The Learned Coonfel recolleaed an t iteation on the
ChriOnpher Inn, at Eton, where Mr: braham was
the auaioneer, !paint? whom, When it was alledged
that he had allowed 'he effeis to go greatly under
their value, he had put it feemingly as the argrourii-
on ad boallaria to his friend Mr. Gibbs, bow he could
be fuppofed to have donf better, and if it was not
wonderful he had been able tv get any thing, as all
the Eson tints were quizzing him during the time of
the fele ? That was elleetned a fati.failory explana-
tion. Here, however, the cafe was different; the goods
had been fold among a number of brokers, it would
item by appral:ement on Saturday, for 5601. and the
fame goods were fold, agreeably to the original cata-
logue, by order of the Sheriff as it bore, and as was
originally appointed, on the Monday following., when
they brought more than double that fum ; and yet
she Judgment creditor was told, that he mull take the
linaller fum. The goods were latterly fold by the
- oedir, and ander the execution of the Sheriff of Berks.
tad rot be would now tell the perfon having thejudg
memo that he aloft take lets than the fum got by the
Sheriff at the (ale fo announced.
The witneffes for the plaintiff fully shade out the
Safe Rated by Mr. Garrow, and that the goods. when
fold by pubic anaion brought 8861. los. belittles anum-
ber of articles not comprehended in the catalogue.
Mr. Kant, a Carrier, of which profeffioa Richard
Siarnaker slfo was, proved that the hottest waggons,
=ld barman; alone were worth tsol. and that he
mould have given that fum for them.
Mr Gums, for the Defendant, let up the plea of
ms. AA of Bankruptcy, previoufly committed by
Richard Sloymaker, he having been abfent from his
houfe from the Therfday preceding the execution to
the &today. But in this he failed. He then at-
tempted to thew, that the attorney for the plaintiff
had refaced to confent to a public Talc of the goods,
sod prated the Sheriff to make the return; but Lord
litutsmooouort thought he bad failed in that part of
his eafi alio ; not only fo, but that the Attorney for
the Plaintiff had. by the letter which the Defendant
produced, acceded to that propofition, though he had
not at the fame time thought it neceffary to agree
that the-fale thould, as the Sheriff wiled it, be de-
layed for fourteen days longer.
The Jury immediately found for the Plaintiff—
Damages 8861, Dos. .

WILLIAM BILL O. JAMS! GRUBS AND RICIN.
it will be reel-Mated, that in the !aft war with
France, it had become the policy of this country, to
pcvent the admitflon of (Lips laden with grain and
Sour, into the ports of the enemy. Mr. James Grubb,
at that period, was flapereargo and proprietor, kind:
with his partner, Mr. Mather, of a large quantity of
Sour, Mined ft om Philadelphia to that Republic.—
Sir John &dale Warren, who had a fleet under hil,
command on the French coaft, detained the veffel
conveying this flour, and gave to Mr. Grubb notes as
the Trealury for its value. Mr. Grubb, intlead of
returning to his partner in America with the money,
retained it in his own hands, in confequence of which
bia houfe in,Philadelphia was greatly embarrafTed,
and Mr. blather,who t eptefented it on the Weßern
Continent, obtained a loan of 20,0c0 dollars, front.
the neighb •Illing merchants, to eV! him under this
difficulty. For this loan he gave notes in the name of
Grubb and Mather, and one of thcfe merchants, re-
ceiving fueh notes for the aftitlance he afforded, was
William Bell, the prefcnt Plaintiff. To obtain his
teimburfcmcnt, he fent over his power of attorney,
and the fuaable documents, to his brother, Mr. James
Bell, of London.
Meffis. ERSKINE and PtYLLEN, for the Plaintiff,
Rated the rafts of the c.tie. They ('aid, after a
iptirflit of feveral years, Mr. James Bell, who ailed
for his brother in Philadelphia, dtfcovered and ar-
?cited the Defendant, Mr. Grubb ; irnmeffiately
afterwards an interview was bad at the chambers of
Mr. Hodgfon, a rifpeaable attorney, where filch an
acknowledgment of the debt was made by this De-
fendant, as took the Debt out of the Statute of Li-
mitations.
Mr. Hodgfon and Mr. James Bell were called, who
depofed to the converfation at that meeting.
Mr. Wool), for the Defendant, Paid, he had no
witnefs to contradia this confeffion of the debt ; he
therefore mull refign his pretest-tons on that part of
the pleading, but he contended that he had a right
to avail hi•ofilf of the law of America, by which
loch roma, y notes were invalid, unlefs the conli-
deramm for them was Rated and proved.
This objetlion was overruled, on the ground, that
the Statute of the 3d and 4th Q2een Anne applies
the faro: commercial law to huh countries, and no
aheration had taken place in America, as to this par-
ticular.
mr. wont, then argned. that thefc bills were rro-
doted as an ar.t-rfnc:it ; • .•, tinder this tlefcliption,
they mild rot ~e A hee.t'll.o the :C,Clllle laws
required lb,/ be tramped.
Loud ELLivannot;e:l4.—" If the agreement were
made here, that would Le required, bat we cannot