Star.
London, England, 1802-07-22 00:00:00

ISINITI V. MAYNE.

The plaintiffs, Meas. Bennet,are coach-makers ;
the defendant an opulent tradefman in this city.—
The anion was brought to recover the fum of
jl. los. for the hire of a curricle at the rate of
seven guineas a month.
The defendant had paid 421. los. into Court,
contending that this was a reafonable fum to be
allowed for the ufe of this carriage.
It was Rated on the part of the plaintiff, that
there was no fpecific agreement between the par-
ties, and therefore he muff pro that this charge
of feven guineas a month was reafonable ; accord
ingly, the perfon who had been the kl;:len lant's
groom, but who was lately dikbArgell, was called,
and he fwore he heard the bargain made between
one of the plaintiffs and Mr. Edinburgh the de-
fendant's agent, which he Paid was concluded at
feven guineas a month ; and then feveral Coach-
makers were called, who laid, that fot the fummer
months thischarge was moderate, and even too low.
That to nuineas a month was a reafonable Cum
for the ufe of a new cut ride for the fummer, &c.
That this fort of carriage was a very faillionable
and a very expentive article, coiling 150 and 200
guineas, and that there were form at 250 and even
3ooguineas, fold and paid for by good cutiomers;
but that being an open carriage,it was much more
injured by the dull and the rain than a clofe car.
riage, and therefore a higher price was charged
for the ufe of it, &c.
There was no difficulty aboutthe length of time
the defendant kept the carriage ; the only queflion
was, what he ought to pay for it ?
Mr. ERSKINE, on the part of the Defendant laid,
he fhould prove a totally different contraa, and
for that purpofe he called Hedslington, the perfon
who made it. The witnefs laid, that when he went
to Bennet's, he undertook to fit him up the cur-
ride, and aficed eight guineas a month for it. He
thought it was too much, but the Plaintiff laid,
the carriage would be ufelels the reft of the year,
for nobody would hire an open carriage in the
winter months. He then agreed to pay eight
guineas during the months of Auguft, September,
and Oetober, and if it was kept in November, he
was only to pay four guineas for that month. Mr.
Hayne was taken ill in the tountry, and did not
return the Curricle until February.—The Plaintiff
had claimed (even guineas a month for the whole
time, and the Defendant had paid into Court 24
guineas for the first three months, and four guineas
a month for the refidue of the time.

Lord ELLEMBOtovoss, after making many fnit-
able obfervations on the frivolity as well as enor-
mous expense of articles of luxury of this kind,
aqd the contemplation of bankruptcy which accom-
panied them, left it to the Jug' to confider which
of the two witneffes they would believe, the dif.
charged groom,who did not hear the whole of the
agreement, or the agent who tranfaded it.
The Jury thought the money paid into Court
' was quite enough upon this occafien,and therefore
found a verdia for the defendant.

PLVMPTO! V. TOOMNI.

This was an afEtion for Slander, the Defendant
having laid to the Plaintiff in the hearing of divers
perfons, " You are a rafeal, a fwindler, a black-
__.___- __J velll to be tn.

Thissieas opened as a very ferirms cafe of I',
not like thole common vexations of 1 life, i.
which thefe vulgar epithets st._re frequently ,;.•
Oki, but which were never regarded t:. A 10111. w.
they did no barn), for the iitp..itrn ~f tL
parties u.!ie generally filch, that tl!e
not much affeaed; hut here the cal.: was tylter‘,.it;
flu theft: words were uttered of a p.:11;:it in a rru:
fiJenti..l fituation in die Poll Oaice, one to e.hotn
his charaaer was a ferious matter, rot he had
c:fs to thole places where I' ttLvs were 0,..p.4..ed
ct ntainiuY .iroperty to an inc..leulalik arnottyt.
The cafe was therefore a cafe ~f great imp.? tar,.,
—The charaner of a nian in I.! ti tiny a
ought to be vindicated let ic,u(ly. Aphlicati„n; >,I
been madr to the Dcf.:!,...iant to make a bee, it.i. t.
apology, not in ;he vulgar wAy ot
Newfpaper, for that, the l.tarrit.c! Ativi t,..,
lhould he left to draymen ;m.l Ira :• 1;' e, h.tt
fomely laore thole perthns of
the (Corder; isltt this the Detcnd.u.! let.Oed-1,•
hoped, therefore, tile Jury would mat ts 11%ir icrAt
of this cafe by I.:6( :s damages.
It appraied, in evidence, tl,ar the I.).!Frnd int
tittered thefe r. orth of tile Plaintiff in tl. ...oil.,
of two or thi-ee lervants iu ti:: :;,, Pna
Office, and sylien ;he t..tti••lll,...:•ante tto
molly, they
n
,theytile i
r.t';;tt.t.tn :stni it for fear of otftrdiu; ticir
malls: t
a mail coach. ;tn.! the ,t as a Limp m; ter
in the Po it Oilier; atid ;pct, phce
when he was cit,aning and
was all-dged :Off), tkit the quarrel an 1: ft
Plaintiff Ilegitfaisr N ink fOr a Z.
Defendant hi ought hint fumy) the connti v.
Lord EL•IFINDCW.,,VCI" '' hoevzr 11”.
form", is in thi, cafe, he has 101 - his writ •
priui, for, in every conat to fool declarati. ty he Las
Hated thee: sorbs to have hecn fpt ken of an.: ct
cerning the Plaintiff in hi; ll:nation at the I'.4t
Office." The klaintifF uas thereiore noniutted.

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