Star.
London, England, 1804-07-11 00:00:00

urviur ND;.

• LAW INTELLOENCL

COURT OF KING'S BENCH, JUNE 13.
N•RT V. DAVIS.

The Plaintiff is a bridle bit maker : the Defeth=
dant a broker in Harp-alley. The Plaintiff and his
wile lodged in a r..om, they quarrelled, and for a
time lepatated, and while he was from home, the (tad
his furniture to the Defendant, who took it away.—
When
the Plaintiff returned to his lodgings he found
they had been dripped, went into the neighbAirhood
to look for hi. goods, difcovered them at the Defen-
dant's (hop, who laid he had bought them of the
Plaintiff's wife ; he paid tot. for them. The Plaintiff
and his.wife having made up their differences, re-
claimed their property on the ground that the wife
had no Authority from the Itufband to fell thefe goods.
The broker would not give them up utile(' he had
I given to hint the money he paid for them ; but this
fate, being without any authority from the Plaintiff,
was void. It was, however, agreed to refer the cattle
to Mr. Lowvos to award what fum of money fhould
be paid by the Defendant to the Plaintiff as a cum-
penfation.

SrETHAM V.-JOHNSON.
An stetion to recover for money lent and advanced,
paid, laid out, and expended, by the Plaintiff for
the Defendant.
The patties had worked together for the Defen-
dant's rather. The Plaintiff had soca, left him, on
which hinifelf and the Defendant went upon -a jour-
ney down to Newcafile, ic the way to which the De-
fendant married a Mrs. Lowe. The eipence of the
journey was borpe by the Plaintiff. The Defendant's
.father knew net where his fon was gone, nor could
find him for tome months, and was very tmhappy
aboat him. The Plaintiff and Defendant attempted
to fet up the trade of emery makers at Neweatile,
hut were forbidden by the Magillrates ; lo they came
hack aglin"London. Sonic time after they
te-
turned, a ttiend of the Plaintiff converted with the
Delendant on the lubjefi of the accounts between
them, senen.the Defendant CAW, I owe Mr. Beetliam
between 701. and 80h but he has got n• thing to (hew
for it ; I (hall nut repay him ; he may get at how he
can.
Defence ; that the Defendant, when this happened,
was under the age of at, and as none of this motley
advanced was for necelfaiie, he was riot boom! vi law
to anfss
Lord Ext.swaoarvne having laid d.iwn the rule
of law, as applicable to this cafe, the Jury found a
verdit 10f the Defendant.

TNt RING v. CLIVSOM.
This was an indiament I.r an ail.tult. The Defen-
dant is a Serjeant at Mace of the City of London,
married to the lifter of the Profectitur's a We, Mrs.
Eleanor Wation, wife of Mr. Wation, a reputable
upholder, in Beidge•tlrset, Wettmintler, at v Ilrfe
houfe fume of the Defendant's children were brought
up and cherifhed. The Defendant having fame dif-
putt with his wife, scented Mrs. Watfon. her filer,
with being concerned in fearing ihg her elopement—
came to the I fe of Mr. Watfun, which he had
long been forbidden to enter, and tome time fence on
a Sunday. during divine lervice, geniis ablated and
affaulted M.s Wation, on whine fere:ening, Mr.
Mann, who was dreliinn, came up, and the De-
fendant went away.
It appeared that the Defendant had afterwards
Paid he would blow them up, and taste a mob about
the houfe.
Mr. ERSKINk, for the Defendant, laid he could
alter the compleenb of the, cafe hetsafter upon affi-
davits I but ilid not cant any evidence. The Delco-
slant was found guilty.
JULY 6 —lone inOWN o JANIS IrLnWrit.
This was action fin an •ffault by the Defendant.
a coal 'merchant, on the Plaintiff, a Suleiman in
Whitechapel, during the hours of the public market,
on the seh of May. Ii annealed that the Plaintiff
was in converfation widt Mr.Scambler, whets the De-
fendant (+tweed them, and added-ling the latter,
laid, .. Why die you talk with that d—d ralcal ?"
On which the Plaintiff ret aced, that lie never had
herein till he was black in the face. The other then
attack him on the left cheek, and occafioncd Come
little effufinn of blood. '
Meffes. ERSKINE and M . for the Plaintiff,
produced teitimony to theta faits: and Mr.G•aanw,
in mitigation of damages, commented on the pro-
voking reply of the Plaintiff, wko had dared to inti-
mate that a refpeftable merchant, and broth er of a
dignified magistrate of the City, had been gui ty of
the crime of perjury.—Ve'dil for the Plaintiff 40s.
JULY 9.--% a urcre i soli O. DtIIWIDDir.
This was a cult of confiderable itterelt in the mer.
eantile v:orld, and the refult will tend to fettle a point
of law of (nine novelty and uncertainty, as affecting
recommendations for credit. The Defendant had
formerly kept a banking account under the firm of
Dinwiddie and Oman, with a Mr. Harrifon, at Stoke,
in Staffordthiee. This account he had transferred to
his fon-in law, Mr. Winterbctry, loon slier the bank
had Milled from difconnting Bills for bill-brokers, lie
and his partner being in that employment. Mr. Win-
terherry WA% fUhlrgierntly dirplealed with the irregu-
larity of Mr. Hattifon, and raigned the ilecounts
when it was undertaken by the present Plaintiff. As
Mr. Harrifon had occalion to draw large fums nn his
London banker, a copyhold en ate had been made
over to the defendant a% a facterity ; this was convey-
ed to hlr.Wintet berry on the transfer of the account,
and fuldequently to Mt. Henchifon on the fame ac-
count devolving into his hands. When Mr.Winter-
berry refigned tl.:s ciliate, he took a warrant of attor-
ney of Mr. Hari ifon for wool. the condition of which
was, that 2001. a week fhould be paid, until the whole
debt was c xtenauilleed. There payments not being
pune.n.elly made,n the warrant i:lited for t 3501. in Cu'..
ferptenee of w1,4:11 Mr. I :arrifien's affairs wcre thrown
into wilful-wit, an alarm was fpread, and he became
a bankrupt. Jr. the refult, Mr. Hutchifon, the Plain-
tiff, wit', s-.hom the account then was, was a confide-
table creditor, ant the lots arifing in conlenuence of
the recomm t'udation lee received at Harrifon, lie claim-
ed of the preent Defendant.
Mr. ERSeros, for the Plaintiff, Rated, that the
Defendant had 7ivi n a Nom: recommendation of
Harrifon to the i'iaefitiff, in little• to induce him to
undertake the account ; and he f lid, that when inch
la reprefentation va filli: in kith, and made fraudu-
lently, no doubt could remain. It had been deter
mined by all the Judges, that it was a fit fulijea of
an affirm _ _ - - - - _ - --

3uly la. William Fell. of St. Martin's-dine, St. Mania In the
hAhtdkita, tailor, at ten, at GuiklitalL
July pa. Godfrey Calton, of She Sold, Yorkfhire. linen•draper, at
one, at the Angel lon, Shahid.
Augult a. Stephen Hartley, of Hechmonewlke, pardh of Birltall,
(hire, e.aps.t.manofatloner at eleven, at the law roc Ws,
in it Ow s t Town, pouf& of his (talk
3uLy iohn George M'llliasns, late of Winchtlter-fte Pet, London,
bat st..w of Marldsll-ftrest, London-road, st.rrey, merchant,
at elev. it. at Guildhall.
Alf ma Ti eon,. Bilellturn, late of Hopton, in Mirifell,
in ''
p.•n euvlice, dcake aid chapman, at tea, at the Pack Hoeft
Inn. 1E1.1.1 rah Ad
Auguit 4 JAI, Delver WM.,' of George flew, Queen Anne, St.
Marro t. hunts., ;mouths).* e, at ten at
AttAdfl 4. I.l..njamin Tahart,uf it •t1.1•11r, ur. .d'ef,
J-11er ••.1 014411.01, at fat,
Au. tad 4. :4 ic N td I :et t • Rrtt 1 nodon, h.,berdltler,
diner a• charnt.r.e. at twelve.
at Guil~h.ll.
ugull 4. Arthur Worivoya and Lhomas sylv, of Birmingham,
arwkk fw.. rd cutters and earpenters,at clevcii, at. recta's
Cog e•hode. Bier. n„bam.
, Au.,!na 4. jfrleph SC,4I the elder, of London, merchant, at ten,
at Guildhall.
Agra 4. John Wand. of Broad flreet,RatelifTe, Middlcfez, linen
draper, amler and chayman, at ten, at tondo..
Auguft 6. ilforral Palmer, of Moths-sett. Lie
uer Inns-Mann .draper.aer,
r rune. dealer and ehapman, at mos.:4- the Ch.l, l
I,,rat Ta,osaa Wilnamfon, of if . dbrach. Lincoln (hire. o%x-es,
&ape, oaks mid avast; at twelve, at the Chequer Inn
HaM-aels.
skorge Hanky. of Come. Latteaddre, mien manafae•
11,61,r and etrapinan, at four, as tae Angel last, ("Mee.
...r,
Mt% of Little WlleLlhorev, I.6lcotn't inn
\tlßlaanworking filverfadth, at *tee. at Gaiklha:L
of Wiemore • flrcet. Cavendits Nun,
nlfd-
ttu, at C.:usulltall, Landon.

At ...it

41....•• •1

Edward Mycr► Drown, die auk of &Lc Plaintiff,

*is caned ;he was 3aretent at ceterai enneertatimit England, toile d no 'Andre* fie raid, From the
between the Plaintiff and Defendant. The latter had • iefamony already given, the Jury would be per.
affured the former, that Mr. Harrifon was a man of ' feftly Intisfied, that this latge note, of eleven years
extenfire property, and 4hat he was pettedly regular (landing. in a foreign country, was not a marketa-
in the management of all his banking concerns. To • ble commodity. It was not poffible, that either of
theft remarks ihe Plaintiff replied, that he had no the Jurors he was addreffingsflsould take a note of this
opportunity of fatisfyirig his mind on the credit Mr. ! defcription. in fuch a litbation, without enquiry.—
Harrifon deferved ; that if lit accepted the account, Common difcretion need only to have been em-
it would he entirely on the Defendant's recommenda- ployed ; the Plaintiff might have defined from giving
lion. Soon after this interview, the eflate was ti ant any value for it until. be had fent the number and
leered to Mr. Hutchitsfon, and Mr. Harrifon drew i the amount to London, that furpicion might be
prefently to the extent of pool. Several other wit- either removed by the difcovery of the equity or
neffes were called, and a great number of letters were' fraud of the trantaftion. Every manasto .condufte
read, (hewing the Defendant's paha knowledge of bufinefs, mull either bring difcretion with him, or
Mr. Harrifon's habits of irregularity. contrary to the filer the confiqoences. Ibis note would not have
charader he had given to the Plaintiff. paffed on the Royal Exchange of London t no marl
Mr. Gists, for the Defendant, admitted that would have given a bale of goods tor it of the value
Mr. Harrifon was tatremely irregular in his ac- of soh much lea &mild it have been taken in a to.
counts, and endeavoured to thew. Irons the tefti- reign country, where no opportunity of enquiry Wai
ninny he produced, that the Defendant had given I afforded.}!
the Plaintiff information of the molt glaring ads of Lord Etnetraottouort.—" The mere queftion is,
irregulai ity. The charge in the declaration was, if the Plaintiff came by the note bonajruk ? If he ac.
that Mr. Harrifon was reprefented as a perfon quited it under fuch circumstances as a cautious and
poffeffed olconfiderable property, when, in fail. he lsonefl man would have received and given value for
was on the eve of a bankruptcy. The Learned it, then you will find your verdift for the Plaintiff;
Counfel laid, lie could not only produce evidence to but if it carry on the face of it fatal rut-0;60n, that
thew that the Defendant thought he was a man of is, if a man of vigilance and brawny would not have
property, but that many refpedable traders deemed received it undertbe circumftances hated, then the
him fo likewife, and that Mr. H-arrifon entertained Defendant will be entitled to your acquittance."...
the fame opinion of the condition of his 09/11 proper-. Verdi& for the Plaintiff moot.
ty. Whatever might be his fituation then, he had an
ethic of confider:Able value before, he had married
a lady of fortune, and Mr. Mafon and Mr. Burns
had recently. infpeded the Rate of his accounts, and
confidered him worth tor or so thoufand pounds...-
The Defendant had referred the Plaintiff to there
Gentlemen and had giVen the information he did,
not carelessly and its-differently, but from the belt
materials on which his judgment could be formed.
Under tilde circumftatices Mr. Grass untied that
there was no foundation on which this aftion could
be flipported.
Mr. Harrifon, Mr. Mafon, Ms. Oman (the partner
of the Defendant), and Mr. Whom berry, were then
called in lupport of the defense.
Lord Eda.tmarolouott interrupted Mr. Easels's,
who was proceeding to reply, but on tome indication
from the Gentlemen of the Jury, that they u..re not'
per redly latisfied, he was again proceeding to make
()Nervations on the tetlimuny of the firlt ontnefs for
the Plaintiff, when his Lordfbip a fecond time in•
tei poled.
The Plaintiff mull fupport his reprefentation as
it appears upon the record. The charge is, that the I
Defendant reprefented Mr. Harrifon as a man ofl
considerable property. and of great regularity. It is 'I
for you to fay, if, after the letters which have been
produced, this account can be true. The teflitorwiyl
•.f Edward Myers Brown, which is fo material in
the caufe, has not been gnefliened. You Are to
confider if the thing was done aR;WO franckrerti, or ifl
it was for the purpofe of leadiog the Plaintiff inoranl
injurious fituation, becaufe, in that cafe, the De.'
Pendant will become tefponfible. If you think him I
liable, the next consideration will-be, to what extent,
and it feems, that the balance on the whole account
is ao6ol. Bs. id."
As his Ltonfhip was continuing to point out the
law of the cafe, one of the Jurors fignified that no
doubt was entertained by the gentlemen with him,
when his Lordfhip defined ; but a difagreement
irg unexpeftedly, they defired to withdraw and Mr.
Erfkine a third time put in his claim to reply, should'
any doubt exift on,the pretenfions of his client. l'he
verdict was inftantly pronounced fur the Plaintiff
to6ol. Bs. td.
MAFIA,. JACOB CARREL! V. THE SANK OT ENGL./1110.1
Moll r f our readers will recoiled the bankruptcy
of Newland, the lap maker. in 1793, was fucceeded
by an attempt of a very nefarious kind. This bank-
rupt attempted to account for his effects to the went
of 6ocol. by telling the Commiflioners that he was I
travelling in the mail coach with bank notes to that
amount in his pocket book; that tire vehicle was over-
turned, he 101 l his book, and could gain nu intelli
gence about it or its contents. The Commit Loners
were diffatisfied with this relation. Mr. Newland vat
committed to Newgate, from whtnee he has repeat-
edly endeavoured to extricate himfelf by baba: corpu,
but where he now remainr, in the tweltrh year of his
confinement. The my fiery in which this tranfadion
was enveloped, has dd.:Appointed every effort of his af-
fignees. The molt Extravagant reward, were Nita-
cient to draw abide the veil ; one of the notes, of the
amount of toocl. has now appeared, and was the fub-
jeff of the prefent aftion. It was relented for pay-
ment at the Bank on the 6th of Augisl latl, and hav-
ing been flopped by the Affignees of Newland, it
was no; difcharged. Thefe Affignees are the real
defendants in the prefent aftion, the Bank having re-
ceived their indemnity.
Meat. &WWII and PARRII laid, that the plaintiff
being at a town in Friezeland, and wanting (hart bills,
received this note from his correfpondente Mare.
Selo ceder and Andree, at Embden, in re•payment
for which, they drew yool. at the current exchange,
at the plaintiff's honk in Lnitstnn, and the farne film
on the plaintiff's conneftions in Arafle: dam, fo that
whatever was the refult of this the plaintiff
had .tbuily paid moo'. far the Bank note, of the
benefit of which lie was now fought ai be deprived.
Mr. Abraham Newland attended from the Bank,
and produced the half of the hole of [cool. vdi.ch
had been detained there. On being alleed by Mr.
Gaititow wino was the praltice with retped to the
examination of notes at the Bank, he that mi
more caution was ided with a note of a thouland
pounds, than was employed with one of tAct.ty ill
: neither of them ale pail he the triers In ti;
they have been examined by the C olliere. It ill
be more &in nirc ye ir old, it isi•::roredtr urn. tier
office, equally wilether it be for ~r p
or twenty thilling•. Bank notes at A th')::( Ald pounds
feldom flay rail more than fie, ci,{l.t. m ten ;
but in the courts of. Iris cxpo icnre, dui rig fi:t
years, he had known illi:Anc:s of n. 1,% rib that
amount not being demanded for the (pace of ten

rms.—About eleven o'clock left night ma llama
ing conflagration occurred at Gamma's cooperage.
George-yard, Whitechapel, which was entirely con.
fumed. The flames fpread to a fugar-houfe adjoin.
ing, but the dampnefs of the materials, owing to the
iocetrant rain of the preceding day, aided by a plen-
tiful fupply of water, and the laudable adivity of the
firemen, prevented. their (attaining much damage a
and at one o'clock the flames were fq far fubdued as
to preclude the idea of further rnifchief. The con.
flagration was fo great at the commencement that
people who inhabited the contiguous honks fled naked
into the flreet. The warehoufes of Mars. Samuel
and Co. had a narrow &ape, the front of the win.
dowsbeing at one t;me in a blaze, which was in time
fmtunately extinguiihed by a plentiful fupply of wa.
ter. The Whitechapel and neighbouring corps of
Volanteers attynded with the utmoft alacrity, and
were of effential ferviee.

IC

Mars.
Mr. J.hn 13ind rarer (with th, afrirt4nce n(
an ;factitive') tsillioud to C.e C. ,1.1 11141 he was
deck to the honk at Enihdco ; thAt 1111. Al dltr,
who was drati, hAd ham the 13,11 k 1.( IS Inn
ker. and 1144 'mated it tl t!,e 1•4- 4 V.I!II•
414!e conliJetation. 00,cr witn,llcs w,re to
devote to the n note 4,...114itint, tl,- 11.. r I
GAti,ow, lot tht Corrotalion of the •if,