Star.
London, England, 1801-11-27 00:00:00

nOMF r. CAKDINIR.

The Plaintiff is a Swedifh merchant, and heing I
!met-cried in the bottom and carts of the fhip
Anora Catharina, of and from Archangel to
London, effefted, by his agent Mr. Ilolbroom, a
poli,!), of infurance on her, on which the Defen-
dant Gardiner had lindens-1 itten for 'cool. On
her pallajte to Fri:;laild, about 14 leagues from
,m
Mead,
on the 4th if I)ee•tnrherllllb
at as e..-,:ntured by a• Fril`C!, pi i Cap-
tain and the major part of her crew ta1.,11 colt and
replaced by Fren..limen. On the Bth of Dc.ein-
her the fell in with lire AMAZON frigate, Captain
Rroo, off the Tesel, oho toilk her, and car-
tied her into Yarmouth. On the gth of Decem-1
her Mr. Palmer wrcte from Yarmouth to 11.1 r.!
Iloilo nom, inthrming him of the capture and ,
recapture, and requetling his inflruflions. This
was the firß intelligence either of the taking or rc-
takings I,
and was immediately made known by him I
to the underwriters at Lloyd's, who en his requir- :
ing to know of them how he was to aft, faid, !
" You will do as you think belt ; aft jug as you
would if uninfured ; you have got the policy, and
you fee what we arc obliged to do." Captain
!Um was applied to, to give her up as a recapture,
but refufed ; and after being taken to Sheernefs,
and libelled in the Court of Admiralty by Cap-
tain Riou's agent as a lawful prize, was on the
26th of January abandoned by the Owners to the
Underwriters. On the reth of January an Order
of Council was Mired for laying an embargo on
all Ruffian, Swedifh, and Dariifh velrels, and on
the 28th of January a further Order in Council
was publithed, not to pay any bills, debts, &c.
&c. due by soy of his blajelly's fubjefla to any of
the refident fubjefts in the dominions of Ruffia,
Sweden, of Denmark. The other llnderwriters
have fince paid, but Mr. Gardiner refilling to pay
as for a total lots, an aftion was brought and tried
at Guildhall the fittings after lilt term—a Verdift
Was given for the PlaintiXas for a total lots.
It came on this day to be argued on a Rule to
Thew cattle why a trial Should not be had.
Serjeant Bass., for the Defendant, argued that
the recapture by his Majefly's fhip Amazon, and
bringing into a Britifh port, did away moll com-
pletely the idea of a total lei's, even admitting the
Ship and cargo to be Swedifh property. The
Swedes were at the time in relations of peace and
amity with this country, and therefore the recap-
ture mutt be deemed for their benefit. If the con-
duet of Captain Riou's agent, in refufing to give
her up on payment of falvage and expences was
wrong, or that her detention brought her within
the reach of the embargo, his client ought not to
be injured by it. He then commented on the
time when the abandonment took place the 26th
of January, twelve days after the embargo and
nearly two months after the capture ; from this he
redone,' that the embargo was the re,-I caule of
abandonment. If every owner was to abandon to
the accufers on this or any other embargo, put-
ting a potlible cafe. what wculd be the refult, fitu-1
atcd as the Merchants of London are, the infurers
of all the world ; they would be ruined, and the
intention of Government in laying on an embargo
fur the purpofe of diflreffing an enemy, be in a great
degree defeated. For this and many other reit.
Cons be urged, and the production of many cafes
be cited, he prayed the Court for .t `:ew
BeriC:4llth BA !LEY and Sur, r{:li arped at great
length ropinil the Rulc, endeaviiiititig to thew
that, from the moment the 111111 vas tirft taken the
was a total lois ; that the r,,:caking by the A" %rim
vasnot inch a retaking as to entitle tie Defendants
to pay a falvage onl, and that no whir:Tient
event ha J placed than in any bet tcr lunation [ban
tl..rt which refirlted fic /Tr) a tr,rallol,.
The Cone t, after four hours a:gunient, granted
the Role for a new tiial.

Nnr. 2}.--STRONG ANT SANDIT.ANDS V. FOIll••Tlit.
Tae Plaintifis are I.iottor Merchant% in Noble•
111.:ct, Inner-lane, and having an crder to fend
cl, liquor to a Publican, at I:enipton, in I
put v.; e c::!ks, one of brand?,
cort.t.r..:•••4 t.n ra1.10,-.; t!' rcticria:ts, •0r..1 (Inc ct.
g.t1:••••IS tri.att, v tlicy
t ti_•:r :erva:lt tr. • ~• • i
At ti'. . !!
!• Mr. R111,*:. •at I..•trpton, in I,
t, by :1-.7.. Dltendant,
X, i''l,ll-11 Forin.r, c.ttred 1:1e r pt t.f the two]
r .:!' . i.t :be book •," th • porter.
of runt c..ntc to hand. Ira that the
E. ; and I,y :‘rnt:
the permits cPI.•
t. • it WAS liv ..11!! t
;qr. Sc :•••;.-. cc,11.1 rik..• it i: utilnr k
v. ,tio.ot a perwit. t;•. !,,•• !,•.Ir,g advni-d
of the lo!', ni th,: . ti,n" th. it
;.•• •r!}.:% to r p:yrnent
r it. Mr. , • .• •r Coid. " !I you tall
0- 1' :11 I y t:rin'trnind
•.11 .1
• • .1.4' •.•!,-. no;;rt.it
f .1 14. and
r: b: . brandy.
tS:c, It! c f ;tic Plain
t.ot i• 0 • except
:• ' • ' :•:': ‘111() Ar•
6 ...al :t!van,haViri; IXjiaLC,i

nut to eie*ethe can:: r the two c::{ks d 5 b:ing ror
him, it was a good .i..•1;,•L; y t 1,.;!1, iu as to
cz-
imeratc them from ;in tcrporiiihi!;.y. Mr. Crewr
was examined, and on an being taken
to this tellimony, a releale was put in, .o.hcil he
declared that he did not craitide:' Einfell as heing
in th..' charge of the :t,iods until they wee put into
his cart, which was not the cafe in the prefent
inflance.
. •

Lord ALVAMIFY farrmed up the evidence tr.
the Jury ; and oh:erred, that the quettion in this
cafe appeared to him to turn on two points. 111,
‘Vhether this was filch a delivery to the Defen—
dants as to render them refponfible ? and 2d, Whe-
ther the Defendants has ing fo received the calks,
did, by the aet of the.; fervant, in pointing out to
Crewe the Carrier, that the goods were for him,
and his conduet in rolling the calks up to the Peale
and weighing them, was inch that would amount
to a delivery to him ? The Jury, after a few mi-
nutes confideration, found a Verdid for the De.
fendants,