Star.
London, England, 1802-07-13 00:00:00

BLACK V. F LSEIG

The plaintiff is a baker; the defendant a Ration-
er, who lived in Thames-ftreet, who bad paper
mills, and who in the year t 799 An pound corn,
and told meal and flour. This was an action for
felling to the plaintiff a certain quantity of flour
of fo kid a quality .0 that he could not fell the
bread that was made of it, loft his cuaomers by
trying it, and fume of which he could not ufe at all.
The defendant, in his letters to the plaintiff,
admitted Come of the flour to be bad, changed it,
&c. but the plaintiff contended that the change
was not for the better.

The defendant arrefted the plaintiff for the value
of flour fold to him. The defendant could not pay'
any money; he gave a warrant of attorney for
the debt with interefl from the time it was due,
payable by inlialments,atthree guineas permonth..
The defendant thewed the plaintiff much indul-
gence as to the inaalments, but after the lafl of
then; was paid, the plaintiff laid to the defendant's
attorney, " It is now my turn to go to law, and I
will work Mr. Elfey fur his bad flour," and fhortly
afterwards !nought this aaion.
It was contended on the part of the defendant,
that the plaintiff in this ai%on had waved his
right to exhibit any complaint againft the defen-
dant, by entering into this warrant of attorney to
confefs judgment for the whole debt, for that jibe
had been improperly treated, he ought to have
made his Rand upon tome of the inilalments, and
refufed to pay them, and come to the Court with
his complaint, if he was ill treated, but that in
truth, he now came forward with a pathetic tale to
the Jury, when the real cafe was, that he had be-
bayed with ingratitude to the defendant, who had
(hewn much kindnefs to him, Ste.

On the part of the plaintiff, it was contended,
that the defendant was a very rich man, and the
very poor one, and was as much under
the defendant's grindftone as the corn he turned
into bad flour. That, when he was arrefted, it
was a play upon words to fay he could effedually
complain of the defendant. That he was in the
lion's den, and that he dared not attempt a vindi-
cation of his cafe until he bad got out of the de-
fendant's clutches by paying to him every farthing
of his debt, together with intereft, cogs of fait,
&c. and that a% loon as he could do fo, without a
profped of deftrudion, he did bring forward this
aFlion.—After the evidence had been gone through
00 both fides,
Lord ELLE N Remotion left the whole of the cafe
entirely to the Jury, to confider, firft, whether
the defendant had or had not waved his right of
adion by confeffing his debt to the defendant, and
paying all the inftalments on the warrant of attor-
ney ? Secondly, if they thought he had not waved
his right of complaint by fo doing, what damages
he ought to have ? Upon that the pofitive evi-
denc:: of flour being fent which could not be ufed
at all, applied only to two lacks, which were
charged at the price of co flfillings per tack—fume
other of the flour was dated to be bad, but it had
been used. As to the general lots of cuftom
which the plaintiff had fuftained as a Baker, the
plaintiff could not be allowed to go into evi-
dence of that, becatile, as he did not fliecify that
lots by Rating the names of the perfons who left
off dealing with hint, on account of his bread be-
ing made of this bad flour, the defendant could not
be prepared to meet fucli a cafe,and therefore that
thould be laid out of the quellion. The Jury
would difpole of the whole cafe as Ihould appear
to them to be jull. ' •
The Jury withdrew, and having remained out
of Court for above half an hour, returned with a
verdict for the.plaintiff, damages 201.

BIRTH.
lu lialtinglafs, county Wicklow, the Lady of Wm. Rawfun,
17q. of a (on and hilt.

MARRIED.
Weditefday !aft, John Schroder, Efq. Broad-ftrect, merchant.
to 11116 tuatara, of Laurence Pountneydeue.

DIED.

Wednefday hit, at Porqmoutit, Mr. Charles Collins, many
pears title-Curreyur at that port.
On the Ind of June, at Stockholm, in the prime of life.
Baron Ehrenkvard, Colonel, and Adjutant-Gcnentl to his
e-. ‘e.o..n.