Star.
London, England, 1806-02-19 00:00:00

WIIITIHEAD V. DARIAY.

Mr CARLOW Paid, that the Plaintiff was a dealer
in birds. The Defendant, Mr. Hill Darley, •eras a
man of fa(hion and tatle ; had come to the Plaintiff's
Ibop, and hated that he had a feat near Windfor,
and that he wanted to hock it with pheafants ; and
he bought fume of them ; and took a fancy to a
grey parrot alto, for which he agreed to pay ready
money, (even guineas and a half for the pheafants,
and (even guineas for the parrot. He took them
into his carriage, and ordered the bill to be delivered
to him : it was fn ; and then, like other men of fa.
(him], he aas to take the matter into his confidera-
tion ; and home he went in his carriage. But he
had been confidering the matter ever fince, fur the
birds were not paid for yet.
J. Gough, the Plaintiff's foreman, proved the fale
and the delivery of the bids to the Defendant ; and
he thought they were to be 6dd for ready money, as
to the pheafants, but not for the parrot..
Sir V. Glans, on the part of the Defendant, raid,
that Mr. Darley had loft tool. by this plaintiff, on
account of his having lately been a bankrupt. 'l•hat
he went to his houfe with his wife, accompanied by
a friend, looked ont thole birds, and agreed to pay
for them the price which had been Rated. But as to
the parrot, he was to take him upon trial ; he was to
be a talking parrots and if the family did not like
what he fail, that is, jibe was not chalk and moral
as well as copious in his language, they were not• to
keep him. Mr. Darley took with him the other birds,
but upon this exprefs condition, that they were not
to be paid for in money, but in fuch goods a; Mr.
Darley had in his wavehoufe, he keeping an exten•
five furniture, warehoufe in company with another
perfon in Bond beet. So that dead Rock was to be
taken for the live one ; for which reakin it was
impollible for the plaintiff to recover in this aelion.

This cafe, as opened ►:y Sir V. Gases, was complete.
ly proved by Mr. Thomas Moreland, an acquaintance
of Mr. Darley, who was with him on this occalion
at the Plaintiff's (hop, and corroborated by the evi-
dence of the Defendant's home clerk, who fwoic he
had orders from his Mailer to deliver to him goods
to the amount of feven guineas and a half, when.
ever he fhotild call for them.

On which the jury found a Verdie for the Defen-
dant.

ItRNARD O. MALFHIDE.

Mr. GARRoW Rated this to be an aelion for the
hoard and lodging of a young gentleman at the
Plantiff's honk, in Frith-fireet, Soho, in a genteel
family, at the very moderate expence of one guinea
per week. He had pleaded that he was under age.
The anfwer to which was, that there were neceffaries,
for which he was liable, though an infant.
It appeared afterwards, however, that the Defen-
dant was only 15 when he went to the Plaintiff's
houfe g that the agreement for his hoard was made
by his brother, in his father's name only, and that
the father had the misfortune to become infulvent,
and this widow, who was the executrix of her hill-
hand, had been harth enough'to melt the boy for the
debt, on %%1)41

Lord ELLENSOROUCH obletved, there was no pre
tepee for this anion, which was one of the fruits of
the rule by which executors are excufed frum paying
coils , the experiment of a trial could be made with•
out oxpence.—Verdift for Defendant.

MEARGEAN V. PEARCEALL.
Mr. PARKE dated this to be an action on the (Wine
of the 13th and 14th of Charles 11. c. 14. for it pe-
nalties, of 405. each, for exerctfing the trade of
Silk Thrower, without having ferved an apprentice-
thip to that trade, as required by the Itatute.
It appeared that the Defendant is a filk merchant,
Cheapfole, and that in the year 1804, a perfon of
the name of Weft left the mill and trade where this
bufinefs was carried on, in Spitalfields, to the Defen-
dant, in truft for an infant, and the bulinefs was not
conducted by the Defendant, but by a perfon of the
name of Froft, who had ferved an apprenticefhip to
the trade ; that the Defendant only furnifhed the
money for carrying it on; upon which, after thc ac-
tion was objetied to by Sir V. Giant, AS not coming
within the meaning of this Mt of Parliament,
Lord ELL EN BOROVG K held molt clearly that it did
not, for here the Dckndant was only riding as Tr of-
tee for another, and if he had omitted to carry on
the trade as that Truflee and Executor, he would
be liable to an affirm at the fuit of the infant f.a a
devaltavit.—P:aintiff Nonfuited.

SPORTING INTALLIGENCE.

BETTING ROOM, FEB. ti.

STATE OF TH 1 ODDS FOR TH k DUEY.
Nine to z and 4 to 1 awl Trafalgar, by Gobanna;
ofit tot agft Prunella ; to tot agR Sir F. Standilh's
filly ; t t tot agli Mr. Wilfon't, colt ; even betting
between Rapture and Clather.
OARS-6 tot on the field.

CLAIST-6} to ¢ aga Plantagenet ; 8 to t agft
Hippomenes.
Betted—too to 9 Plantagenet does not win the
Claret, and Trafalgar the Detby ; zgo to to Trafal-
gar and Norah do not win the Derby and Oaks.