Star.
London, England, 1809-12-22 00:00:00

L 4 ;11 IN7ELLICENCE.

COURT OP KING'S BENCH, DicEMB:
ERIANT v. BROWNE.
This was an action brought against a c1..,!e,e-rr.'
chant residing at Bristol, to recover tl:e value of •
tons of cheese, transmitted to him from Gr.:E.;
Wharf, London, per the Swift, Bristol trader. •
It appeared that the defendant had contracted
pathase from the plaintiff 15 tons of new Dutch a
other cheeses, of <4 good and merchantable quaß,
that five tons were sent by the Phenix, which am',
safe, and were not objected to ; the t
tons went by the Swift, but were detained CI
siderable time In the Thames, after the shipment 4
made, and also had a remarkable tedious vOyagt
Bristol; that the defendant's agent (Powell) ins ,
the cheeses upon their shipment, and did not e,bl,
to them on account of not being. good qr of a o",
chantable quality.
Qn the part of the defendant, a crowd of witnes,
from Bristol, the Captain of the Swift, and other r,
sons, proved most clearly, that the greater part of t
010 tons were not new, but of different years make, r;
rotten, not good, and not of a merchantable quaiit)
Lord ELLENBOROUGII observed, that the wads
the contract were gi_ new and good cheese, of nit
chantable quality ;" but from the evidence it apr.e
al quite the contrary, and therefore the
not fulfilled that contract on his part, and lc., n
entitled to recover.—Verdict for the defend:mt.

T'l
• G
Ja

HAYMAN NEAL".
This was an action brought by the plaintiff,
compel the defendant to fulfil his contract, by
cepting of ed 50 tons of It' ga Rhine hemp, of a go
and merchantable Quality, amounting in value
£4286. 4s, 9d.
The Arroaxsy-Grszyset,, for the plaintiff, state
that, according to the contraet, the plaintiff WAs
land the hemp at Watson's Wharf, but when it
rued there, it was true, the defendant had engag,
storeago for that queasily of hemp, but it was to co;
from another vessel. The plaintiff, however, aire4
to land it any where, and by the defendant's &sir
landed it at Davis's Wharf ; however, when he can
to demand the bills, *kith were to be given for th
hemp, the defendant upon the grounds th:
be (the plaintiff) had not fulfiged his contract, by nc
landing the hemp at Watson's Wharf.
The plaintiff had into some evidence of It
case, "ken it ap he was not prepared to prow
'daubs hemp was « Riga Rhine hemp, of a goof
and iserelsantahle quality,' which, by the contrac
and the allegations in the declaration, he was bon
tado.—The Plaintiff was accordingly Nonsuited, b
the MTORNICY Oftsseet. intimated it to be his irate:
don to *ring on the cause again, when dm nee
evidence would be adduced,
/MINOT v. 11EN 4lNall
This was an action to compel thedefbndant to
or 35 tons of Riga Rhine hemp, according to contr.
and the defence was, that the hemp wasmovaccordi:
to contract, but of a very inferior valley, Itzpe,
however, by a letter of the defandstitt's,
dente, that he had greed to abide by the judg,..
and decision of Mr. Forrester, Ilstoker, Who, npoa
speedos), declared the hemp tobeaceerdlner to contract
Lord Eu.sltaoaouots held, that this was sufficiosA
binding upon the party ; and, iwitnother sort of action,
would be conclusive against him. But as there wa;
some little doubt as to the identilyof the hemp•rtamine4
by Mr. Forrester, the Jury found a verdlctfor the Plaini
tiff, subject to that Gentleman's certificate upou a nil
spection of the article.

36
36
23
19

in evil

11/1
Tit
1111

p
Z

COURT OF COMMON PLEAS, DECEMBER 21.
OSWALD b. GARDINER.
Mr. Serjcant SHEPPARD, for the plaintiff, state.
that this action was brought to recover £441 Os 8.
from the Sun.fire.office, the value of a quantity 0
leather, consumed in the shop of the plaintiff; a cur
rier, in Kill's-court, in the Borough.
Several witnesses proved that a fire broke out o
the sth of February last, which consumed a quantit
of leather, and ontiof them swore he had sold him
few days before che fire, between RI and £5OO worth
the quantity said to be: consumed was one ton u,4;.
cwt.

W. Jennett was called by Mr. Serjennt La s, fo
the defendant, who, stated, that he lived next doo
to the plaintiff, and on the morning in question 11-
was awakened by a running up and down the plain
tiff's stairs, and, on looking out of his window, th-
watchman called to him to come down, for they wer•
all on fire. He did so, and accompanied by a lodger
of his, named Poole, went and looked into the plain-
tiff's workshop through the key-hole, where he per-
ceived a very great blaze. He then crossed the court
to alarm a neighbour, named Shipton, and, on iris
return, saw the plaintiff standing at his door. 'fit-
ness asked him to let him in, and, after some ohjecl
tion, the plaintiff desired him to follow him. Plaintiff
was dressed completely, and had boots on when wit-
ness saw him first. Witness, and his lodger, Poole,
found the cask on fire, and as it burnt down, the oil
run over, but was not on fire. He and Poole extin-
guished it in less than 20 minutes. Saw no leather
burnt whatever, but a tew pieces of parings ; did not
see the plaintiff there, to his recollection, ui.til the
fire was completely extinguished. There was a hole
about eighteen inches square burnt in the ceiling
above, but found no leather burnt there. Cross.exa-
mined, he did not bear any towards the plain-
tiff, becaused he wished to take witness's house over
his head, although he had said it was a shabby thing
of a neighbour to do so.
E. Roberts, foreman in the employ of Messrs.
Clay and Co. leather curriers, produced samples o
the various sorts of leather said to have been con.
sumed, viz. tole pieces, offals, dressed skins, 4c.;—
and it was the opinion of the witness that the place
could not have contained such a quantity of loathe:
as had been stated ; neither, in his opinion, coal
such a fire have consumed it.
Mr. Sherwood, a respectable leather seller, was ci
the same opinion with the last witness. . .
Here Mr. Serjeant StiIiPPARD stated that they-baj
not been prepared to rebut any evidence .of this: mt.
ture, as they had understood that np. imp 'nation of
fraud was to have been brought against his dent;—
but he was authorized to deny any. charge-of th"'
kind. His client, however, had certainly been tll
advised by some ignorant or wicked PI, to, lay
his damages at a higher rate than was x
and in consequence of that he consented to te Non'
suited.

KardL INTELLIGENCE.

Fit.Motrrit bleipiarß 19.

Sailed thisday the Prince of Wales packet, Capt.
roDD, with two Mails, for LiAxon ; the Princess Au-
c;usta packet, .Capt. FURZE, With mails, for Cadiz,
Gibraltar, Malta, and SiCily ; the Lady Pellew pac-
ket, Capt. HARVEY, with mails, f'ir Barbadocs and
lamaka ; alsci the ship Eclipie,. REFS, for Jamaica,
tith fish; the ship Columbia, PERRY, for St. Tho-
ois ; his Majesty'S shit, le Ruts, 44. tons, Captain
MALCOLM, for Plymouth ; his Majesty's ship ARE-
tnUSA,-44, Capt. MENDS, on a cruize ; his Majesty's
sehooner Pumas, with dispatches for Lisbon ; the
WMTING ichooner, for Plymouth ; and his Majesty's
ship !'LOVER; 18 guns, on a cruize.—Arrived this day
the Duke of Kent packet, LAURANCE, from St.
Thomas's, last from Plymouth, where she landed the
fr6m the Leeward Islands. The Queen Char-
lotte paiket for the Brazils, and the Duke of Kent
paclett, foi America, are detained till further orders.
The Lord Hobart packet is hourly ezprcted with
mails, from the Brazils. I am happy to add that
during the Lite galei not a single vessel has received
any injury.—=Wind N. W.

PLYMOUTH AND PLYMOUTH DOCK, DEC. 20.
Arrived the DAPHNE sloop, of 20 Runt:. from the
ast tzarcl ; the t NtOUNTEIt gun-brig, from Ports-
mouth ; and the INTELLIGENT gun-brig, last from
Lyznington Creek, where she took shelter during the
late severe gales.—Sailed the NEPTUNE tender, for
Dublin, and the ELIZABETH ditto, for Greenock.