Star.
London, England, 1822-05-23 00:00:00

MASON V. MOLINE AND OTHERS.

This action was brought by a Brewer's agent,
against the assignees of Barker and Hudson, who
carried on the business of breweis at Stratford, in
Essex, to recover a commission of one and a half per
cent. for procuring a purchaser of the Hop-ground
Brewery at Stratford, which after the bankruptcy of
Barker and Co. was sold by the assignees for the be-
nefit of the creditors

Mr. MAIItRTATT stated that a meeting of creditors
was held in 1821, when the assignees were instructed
to sell the brewery. Mr. Mason was employed on
the occasion, and ultimately was the means of selling
the concern to a Mr. Smith for £l9OO. The assignees
were satisfied with the bargain, and executed a con-
veyance to the purchaser.
Mr. ScARLEY.; on the part of the assignees, de-
fended the action on the ground that Mr. Mason had
received no orders from the defendants ; but failing
to make out his case, the Jury found a verdict for
Twenty-eight Pounds Ten Shillings.

COURT OF COMMON PLEAS, MAY 22.
BOOTH 9. DUNCAN AND NADON.

This was an action brought by the plaintiff to re-
cover damages for an assault alleged to have been
committed by the two defendants. The damages
were laid at L.lOO.

Serjeant VAUGHAN conducted the case for the
plaintiff, and from his statement it appeared chat the
whole of the parties are persons of respectable station
in life, and resided in the Hamlet of Mile-End New
Town. The plaintiff is a Gentleman retired from
business. The defendant, Mr. Duncan, has been a
Naval Captain, and is a retired ship-holder, and Mr.
Eadon, the other defendant, is a ship-builder.
Mr:Petit and two other witnesses stated, that Cap-
tain Dustman* in the plaintiff's face several times,
in a madiestehet calledSorth cries of “ shame f' from
several .as wellas the witness, and consider-
able fee Mg lasi excited at seeing so gentlemanly and
!peaceably disposed a person as the plaintiff was soil
assailed. From the euidence it did not, however, ap-
pear that the defendant, Mr. Eadon, went farther
than joining in the abuse.of the plaintiff.
Serjeant Pau, for the defendants, demanded that
he should be acquitted before the case went further,l
which was accordingly done.
Serjeant PELL, in behalf of Captain Duncan, ad-
mitted, under the autlierity of Justice Buller, that
spitting in a spiteful or scornful manner, was an as-
sault, whether the spittle fell upon the person or not.
He would admit, too, that if the facts were such as
had been stated, a most gross and beastly assault had
been made out. But he trusted he should chew that
the plaintiff had given such provocation as would in-
duce the Jury to consider that she defendant had en-
dured enough by suffering under the uncertainty of
their verdict, in consequence of some imprudent be-
haviour which the passion that had been mused by
the plaintiff had carried him to.
Mr. Eadon swore that the Plaintiff had first made
use of abusive epithets towards Captain Duncan. The
witness did not see him spit at the plaintiff.
The Cater Juirice said, that from the weight of
evidence, it wai clear that an assault had been com-
mitted upon the plaintiff; and if the Jury disbelieved
.the evidence offered to prove a provocation, the as-
sank was one of n gross and intemperate nature; and
when they considered that the plaintiff was spit upon,
and treated contumeliously in the presence of 150 per-
sons, it was an assault infinitely worse than a blosi.
The Jury deliberated for about a minute, and re-
turned a verdict for the plaintiff—Damages £l5O.
OLD BAILEY.
Yesterday, the Sessions commenced before Mr, Jus-
tice BATLEY, Mr. Baron G ItAHAU, the Recant's, &c.
. John Built was capitally indiited for stealing nine
lgovtits, and other wearing apparel, the property of
• Mary Sparkes; in a divelling-hotue. • .
The prosecutriz is a dress-maker, ridding oa Chcl-