Star.
London, England, 1801-02-28 00:00:00

HUTCHINSON V. NICHOLAS.

This aftion was brought by the afrignees of
Tweedy], a bankrupt, to recover the funs of toßl.
Rs. for Eidlcry goods farniihed the Defendant
prior to the bankruptcy of Twocdel. On the part
of the Defendant it was limed, the Plaintiff had
agreed to take the amount it woe. It was clear-
ly proved, however, by the Plaintiff's witneffes,
that the goods were exprefsly fold for bilk or mo-
ney, and that 251. had been paid on account.—
The Jury accordingly foln-I a verdia for Plain-1
dif, 831.85.

T.! TAIJAXY 27.-rIG 4W 'V
Mr. ,Git.Es opened the Plcadinp, from v..hiciv
it appeared that this WAS All aail/11 On a Policy of
Infuraucc, dated July tath, I 99, on Good; on
board the Ihip Clot ia, at and front la verdooi to
Baltimore.

Mr. Ensstsr, who nr-ZnA this c.d.: with great
rerfpicuity, he did not know that
do better than state the admiaions that had been
very honourahly made on both fides in this r:Ce.
It was :I (111A10:1 relini.'ting an iverag,: to
tied on a 1 is on a cargo not within the general
memorandtim, Ii it fuhjea to a parti-:o:ar average.
They admired the invoke price of 17 bales of
goods which wer.i enfured, toilether with th. 2
charges of tlipment and ?r:o-am, anayan::it to
toSol. ; that the titip on
the 22d of July t 79), nod a: t tired at in
I the September foll,win:; ; ;bat 1%% if tite 1"...i..:•
teen bales were damag..d. and .:t the involec
price of tittle two bales, fi to of al charges, was
141. 6s. 6d. The amotan of the export duty
upon thefe two bales was r7l. 18F. 6.1. and the
drarges of freight, port charge?, duties in Ameri-
ca, and charge:, of ,ale, :mounted :o !L.: futther
thin of 261. t 2s. 7d. which Punt, ailed together
I amounted to 53.1. 16s. 7d. That of rOl.
16s. Ta. was the invoice price of thele MO hat...,
with the charges added. .

The admiifions went on to Rate, that thefe two
bales fold for 145. which, deduFted from the
1381. 16s. 7d. le ft the fum of altl. 25. 7d. bels ; and
then it was flatcd that the Defendant had tender-
ed his proportion of that fum, which was al. t 2S.
ad. per cent.
As there was no market at Baltimore, the courfc
of the trade was for the Merchants to fend the
goods up into the Country, and depoilt them in
ilorehoufes, where they were lila by retail at
twelve months credit, at the expiration of which
they received the money in the currency of the
country. 'fhe average of ion per cent. currency
amounted to 661. 13s. 6d. fterling. The queftion
for the conlideration of the Jury on this flatement
was, Whether in a N icyof Infurance, which was
a contra& of indemnity, though without doubt the
Defendant did not inlare the mit ket, whether he
was not bound to put the infured ^a the fame con-
dition as if his goods had arrived in a found Rate
at their ultimate place of deftination—and whether
the mode of calculation would not be to fee what
the infiwed, .by taking into conlideration that
which the pods would be worth if they had ar-
t ived undeteriormed, and that which he. had re-
ceived in confliquence of a his ? lie underftond
there were to be two queftiow, made for the cone'.
iteration of the Jury. The firlt was, whether an
American average did not by cuflom differ from
all other averages? and that in thi> c de they conk/
not have refort to thofe generalprin, ;pies on which
moires on Policies were vlimateci, but were to confi-
der this as an anomalous cafe, becaufe it took place
in America ? This he conical:a sits above his corn-
prehenfion, and altogether mylterious. But he
thould not be at all difmaycd if he should he found
to be in the wrong on this queflion, when he recol-
leaed the trial of a canfe which was not yet finally
. .

fettled ( lohnfin v. Shad." ) , and in which two Gen-
tlemen of great abilities, and from whom they
were in the habit of receiving great allidance in
that place, had widely differed in their mode of
calcuTation. There were fome conundrums in the
law which were fo mixed with the interefls of
mankind, and had now become too inveterate to
be got rid of; but there was no reafon why any
of there thould be found in a cafe like this. A Po-
licy of Infurance was a contra& of indemnification
—and he had nn idea how any man, with any
appearance of jnflice, could fay you are not to be
indemnified, as the lois happened in America. If
the lofs had happened in any other quarter of the
globe—if it had taken place in Europe, Afia, or
Africa, you arc to be reimburfed to a farthing—
! but as it happened in America, in filch a lati-
-11 vide and futh a longitude, you are not to recover
the fame ground. That was a mode of rcafoning
above his comprehenlion. He might apply to
this cafe the celebrate" efi,Yum of a great man at
a late trial at Wellminfter Hall, who laid that

"Rice does not depend on climates or degrees,"
and in the elegant Notes of a Short-hand Writer,
"quake does not depend on climates and there."
The next thing would b.:, whether, in this parti-
cular cafe, they were not to look at the indemnity
of the iniiired ? The Colinfel thought this cafe
went pretty much on all-fours with the cafe that
was now (landing for Judgment in the Court of
King's Bench, ( johnfol v. Urea's)
The LORD CHIEF JUSTICE raid, he might mit:
take this cafe ; but it appeared to hint to be one
of the elearell in the world. If it was not fo, he
had no comprehenfion of it.
The Leading Conde', on the part of the De-
fendant, raid he acceded to the principles laid
down by his Learned Friend. He admitted that
a Policy of Infarance was a Contrad of kJ:m/1;-
4 ; and he withed to lubmit to the confider:vim
of the jury whether that contrail had not been
_ .

performed by paling to the perfini insured the full
!amount of the invoice price, with all charges.
There was no market on the fpot. The rule
adopted for the convenience of every body in
America was to confider an average lufs as a total
lofs, wish benefit of falvage. Whatever the pro-
ceeds of the deteriorated goods amounted was
dedutied from the total lofs. Could a man in any
cafe receive more than for a total lois ? In this
cafe they did not look to the market at all. He
had fome of the moil refpea.thle names in his brief,
it it was thought neceffary for the elocidation of
the (welkin he would call them. That was the
ufual coitrfe of adjulling there ; and the De-
fendant had been always ready to fettle this lots
upon this principle.
It did not appear very clearly how much the
Plaitititi in this cafe claimed beyond the sum that
had been tendered by the Defendant.
Lord KEWYO,I raid, if he thought the point in
this cafe was the fame wi:h that now before the
Court. he would not touch it, fence two Gentle-
men of uncommon mental endowments had dif-
fixed about it : and he Paid it would be extremely
indecent in him to deliver any opinion there on a
point depending Won the Court of which he was

sr unworthy merulier.---IP! t•;• rr.i:Conceivz
ele cafe but cts Itc co it, al,pear-
i.4i as clear ~s two And maae
terr.!ere..l etw,i;:h, At the fame
time, what h.: had WAS 111.1 lvi;11 any to
influence the better j:hignient a. the Jit y, wl:c
were much I)..tt or acqua,,,k:d tiata he with fael:
commercial tithjefls.
The Jury withdrew for a chort time, and re•
turned with a Verdi:i :in the Delcudailt.

PATTISON V. ADAMS._

This was an anion on a Bill cf Exchange for
341. brought by the Plaintiff as the iii&rfee of the
iltid Bill. It appeared the 1)d-end:int h:!(1 purchaf-
cd a honk, which had been fold by piib!:c auelien
by Mr. Ifaacfon, in Like, for which lie had given
this note as the dcpoilt money; but a dear title
not being made out, h.: refuled to pay. Mr. Ifaac-
fon was called, but had no recolleCtion of the time
when he indorfed this note over, but kid he did
indorfc it to Mr. Berney, an attorney. Mr. Berney
was then called, and :Liked who the Plaintiff was,
and where he refided ? but was unable to fatisfy
his Lordfhip and the Jury : in Eta, he acknow-
ledged he did not know any filch perfon as Clement
Pattifon, the Plaintiff on the record; but that he
had the note from Mr. Ifaacfon. His Lcrdfhip
feemed to think that it was brought home to Mr.
Ifaacfon as the real Plaintiff. He reprobated the
eonclud of the parties very much, and dirdled a
nonfuit.—PlaitilLftionfuited.
_ _ _

LANGHINRICKS V. DADE.
This was an anion to recover the freight of a
cargo of barley by the Hoffner, from Rofceiv to
London, and which the Defendant all•:dged had
been deteriorated by the Plaintiff's negligence in
not making the neceilary difpatch from the port of
Rofcow to London ; he therefore refuted to pay
the freight, and in confequence this anion was
brought. It was proved, on the part of the Plain-
tiff, that he completed his cargo on the 24th May,
but owing to contrary winds, was prevented fail-
ing before the 3th June : on that day he failed out
of the harbour ; the weather, after he got out, be-
ing very Jimmy, and the wind continuing to blow
hard, he was obliged to put into Elfineur, and
was detained there until the 54th, on account of
the winds not being favourable to his weighing an-
chor : at that time there were a great many veffels
lying under the fame predicament in the harbour ;
he, however, got out on the 14th, and, from the
winds blowing very hard, bad great difficulty in
keeping clear of the coaft of Sweden ; the fca ran
high, and he Chipped a great deal of water; he
was then obliged to put into Longen in Norway,
where he remained till the 3oth ; when the wea-
ther changing, he failed, and on the 12th July,
being off the coaft of Holland, he procured an
Englifh pilot, and, on the 16th, anchored in the
river Thames. It was alfo proved that the
Plain-
had ufed all due difpatch and (kill in profecut-
ing his voyage, and that it was his intereft to do
to, being paid by the run.
Lord KENYON thought the evidence was Lail-
fadory in favour of the Plaintiff ; his Lordlhip laid
his own intereft confpired with his duty to make
him ufe all poffible difpatch in profecuting his voy-
age, as it had been proved he was paid by the run.
—Verdid for Plaintiff, 3491. 125.

SCHLUTER V. GILES, ETC.
This adion was brought to recover the fum of
25 guineas, as demurrage•money, at the rate of
4 guineas per day for five days, for not unloading
a quantity of wheat configned from Hamburgh
to the Defendant's agents to Mr. Brown. It was
proved, that due notice, had been given them of
the chip's arrival, and in fad they had reported its
arrival at the Cullom.houfe ; the ulnal allowance
to unload is ICU days, and the Defendants had ex-
ceeded this indulgence five days. The Jury ac•
cordingly found a verdid for Plaintiff 261. 55.

CoNcvEre LEMON juice.—Mr. Coxww., of
Temple-Bar, having been given to undcz hand that
fomc other Acid has been fold for Concrete Lemon
Juice, feels it Leeefrary to ohferve, that he i, per-
mitted to refer to the higher} Authorities in this
kinc;dom for the purity of that prepared by him-
; and he trulli that the precaution of flgning
every package with his name and in his own hand
wilting, will afford fuflicicnt fecurity againtl im-
pmiTion, to thole who flail be defirous to make
lifc of this cor.vcr.icnt and elegant preparation.

On Monday nett, the fecund of Maid', the Eng-
Aate Lottery begins drawing. The Ticket-,
1 lalves,Q2 arter s, Eilthths, and Sixteenth Stamped
Shares arc telling in the greatell Variety of Num-
bers, and In efl terms, at Mr. NICHOLSON'S 01ECC,
No. 16, Cornhill, oppofite the Bank of England ;
%%here the ichemes'at large, containing thz parti-
culars of the extraordinary fuccefs which has at-
tended the purchafcrs at this office, are to he had
gratis. N. 13. As Tickets aad Shares will not le
burr, Merchants, Clubs, &c. &c. will lave money
by an immediate purchfe.

COURSE OF EXCHANGE.
Harebur;h 3t 7at U. Naples -
Ahnn4 - p 2 1 U. Venice -
Lei:shorn - .541/ Li(bon -
Quo,' . - Or Oporto -
Palermo, re) peace per as. Dublin -

_
BIRTHS.
On the s 6th Intl. the Lady of the Hon. John Talbot, of a fon.
On the 19th inR. In Argyle•tlreet, the Lady alp:Rea Moeda,
lig of F.althill, Wandfw”rth, of a daughter. •
On WiAinefday, tht lady of the Rev. J. H. Standen, of Mar.
Ron-boufe, Sittingbourne, Beat, of a fon.
On Tuefday tart, at Stutford-green, BBii, the sidle of John
Mine Henniker, Efq. of a fon.