Star.
London, England, 1824-06-29 00:00:00

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, +awn! L ry REFORT.
weel4.• ads Ne veld .
cbtritT6l7 XI G'S BF.NCH; JUNE ts.
MALICIOUS ARAISTAUSTMO.I V. DEBILDINIAM.
The plaintiff ilv- this case was a baker, and the
defendant a carpenter. There were accounts on
both sides
,for serv;ces done by the one to `the other
in his respective business. The defendant bad arrested
the plaintiff for Ca when, after discharging the claims
set off by the plaintiff, the debt of the defendant only
amounted to £5. The plaintiff brought his action for
malicious. arrest, and recovered damages to the amount
of £5. Mr. Gurney afterwards obtained a rule to show
cause *thy a nonsuit should not be entered.
Messrs. SCARLETT and CHITTY sheaved cause, and
argtied that the plaintiff had a right, by the Statute of
set-off, to have his claims set off pro Canto against the
claims of the defendant.
The LORD CHIEF JUSTICE, Mr. Justice 1-locaovn,
and Mr. Justice LITTLEDALK, gave their opinions at
great length, and held, that to hold a party to bail when
he was not entitled to recover £lO was a Malicious ar-
rest, according to the Statutes to prevent malicious ar-
rest.—Rule discharged.

POLICY OF INSURANCE...—EVANS P. ASHTON.
This had been an action to recover £2OO upon a po-
licy of insurance for the ship Sea Nymph. The ship was
trading on tlte coa,t of Africa, but having encountered
several tornadoes she became unfit for sea. She was sold
at Port Antonio, in Prince's Island. The defence
was; that the ship was seen some time after the sale at
ll=upwards of 200 miles from Prince's Island, in
t repair and taking in slaves in the. Portuguese
service. She: had at first been rigged half brig and
half schooner.;. she was, when taking in slaves in the
river Kama:non, entirely a schooner. A verdict bad
been giveo Sox the defendant. Mr. Gurney had after-
wards.obtaiard a rule to show cause why the verdict for
defendant should not be set aside, and a new trial granted.
Mr. Seasiterr now shewed cause. A certain per
centage had been paid into. Court,.to cover the actual
loss. Some mistakes had been fallen into by one of the
witnesses for the defence with respect to the dates, but
these were entirely rectified by the affidavits which he
now held from Mr. Bold, who actually bought the ship,
and from inability to obtain materials, sold her again
to Xavier, the Governor, who repaired her from his own
private stores, and sent her to sea ; and from Thomas
Brassey, of the ship Jonathan, of Liverpool, who saw
her after she was repaired, taking in slaves in the
river Kamaroon.
Mr. GUMMY replied in support of the rule.
The LORD CHIEF Arnim—Captain Anderson's evi-
dence was admitted to have been erroneous in point of
dates. T.here could be no doubt that that evidence con-
tributed to the result; justice therefore required this
the case should be submitted to another Jury.
Mr.G4aNsv hoped the plaintiff would be allowed costs.
The Loan Cates. Junics.—With costs clearly ; for
the evidence is acknowledged to be mistaken.
Rule made absolute with costs.
*The LORD CHIEF JUSTICS afterwards went through
the Bar, and at a few minutes before one o'clock sat at
Nisi Prius with a Commies Jury.
SMITH V. towivsnosr.
This was an action on a bill of exchange, bearing
date 25th February, 1823, drawn by a person named
Talbot, on the defendant, Captain of a Newcastle trader.
The bill . was for 1211. payable, with interest, sweiv.
months after date. The words Si with interest" were
interlined. The question was, whether the bill had been
altered after the accept*nce, by introducing the words
" payable with interest."
The Attorney for the plaintiff proved that the bill
was originally given with the interlineation, and accepted
by the_ defendant.
On the part of the defendant, Talbot, the drawer of
the bill (who was released), stated that the plaintiff's
Attorney called on him with it after the defendant's ac-
ceptance, and said the plaintiff would not take the bill
without interest, on which he called in his son and made

the intetlineation.
The LORD CHIEF JUSTICE, in his charge to the Jury,
said, the introduction of words after the bill was ac-
cepted, would make it mid altogether. The Jury had,
to decide upon the evidence, whether the inteilineation
was befote or after the acceptance.
The Jury found for the plaintiff—Damages 1291.
. The LOUD CHIEF JUSTICE, after the verdict had been
given, observed that an extraordinary endeavour had
been made to defeat the plaintiff's right to recover.
PREROGATIVE COURT, JUNE ss. •

GRIFFITIIS V. LANE.
This was a testamentary cause, arising cut of the laic
will and testament of Thomas Howard Griffiths, Esq.
-deceased, the unfortunate Gentleman who, it will be re•
collected died by the hand of his own son. The party
preening the suit was the widow, Mrs. Lucy Cobham
Griffioo,.who claimed the probate 'of a will of the testa-
tor, made some time preceding his decease, in favour
of her son and the family. The patty proceeded against
was Jane Lane, a daughter of the deceased, who
was the wife of John Blandford Lane, Esq. and who,
on -her part, propounded the draft of a will made al-
most. wholly in her favour, some time more lately before-
his decease. The date at which the unfortunate Gen-
tleman met his death under the dreadful circumstances
before stated, was the 22d June, 1823. Several circum-
stances, tending to throW sight upon the habit, and
affections of the deceased, were pleaded in the allega-
tion. It appeared that Mr. Griffiths had lived on bad
terms with his family for some years before his decease.
la 1809 he repaired to Barbadoes, with his daughter Jane,
leaving behind him in England four sons, Charles, Tho-
Dias, and Daniel, who wc►c in the Army and Navy, and
Abel, who was at school. Jane was married in Barba-
does, in 1811, to Mr. Lane. One of the roils went out

to join his father some short time after he had been
• there, with a view of managing his business at Deme-
rara, but he and his father quarrelled. The deceased,
Mrs. Lane, and her husband then returned' to England.
Before this time the deceased had made a will, in which
he appointed his :on Thomas his sole executor and le-
gate:) a ith 'the exception of some small bequests which
he made to other branches of the family. With a view
of shaking this will, it was alleged that between July
and October, 182'2, misunderstandings arose between
Xl.o deceased and his son, but in August fbllowing they
were made friends again. The deceased was then living
-Ist Woodlands, near Southampton, but came afters aids
to live with Ails. Lane. This Lady and her husband
afterwards.. retired to France, in which country they
'till the death of Mr. Griffiths. The
~ecesseJ •Iht •
•cl been alwrie known to entertain a
great attachment for Mrs: ane, and dUring her ab-
sence had more than once pledged himself to provide