Star.
London, England, 1825-02-02 00:00:00

AIONTAGUS V. ESPINASSE.

This was an action by a jeweller, against Mr. Espi-
nasse, the special pleader, to recover 491. the balance
of a bill for jewellery furnished to the extent of 901. on
the order of his w ife. At the trial before the Lord
Chief Justice, at Westminster, it appeared that no ex-
press authority ever was given by the husband to the
wife to purchase the jewels. The articles supplied were
furnished in about two months, and left with Mrs. Es-
pinasse, at her house in Guildford. street. On these oc-
casions Mr. Espinasse was from home, being engaged
by his professional pursuits in chambers. The maid-
servant of Mrs. Espinasse never saw her mistress wear
any of the articles in the presence of her husband.—
Upon this evidence, Mr. Gurney submitted that the
plaintiff must be nonsuite,l, as he had shewn no autho.
rity, express or implied, from the defendant which
could bind him. The Lord Chief Justice, however,
then thought it was a question for the Jury, under all
the circumstances, whether Mr. Espinasse, by wordor
by conduct, authorised the purchase? but gave 'the
Learned Counsel leave to move, in case the verdict
should pass against him. Mr. James Espinasse, the
nephew of the defendant, was then called in his behalf,
and stated that Mrs. Espinasse brought a fortune to her
husband somewhat under 4,0001. that out of this sum
601. a year was paid to her for her separate use ; that
Mr. Espinasse resided in a house very moderately fur-
nished, taking a house in the country for a short time in
the summer ; that he kept no. man-servant, and that
his Lady had trinkets suitable to her condition in life.
The Lord Chief Justice left the case to the Jury, with
strong observations in favour of the defendant, but
they found for the plaintiff. In Easter Term, Mr. Gur-
ney obtained a rule to shew cause why this verdict
should not be set aside, and a nonsuit entered, or a
new trial had.

Against this rule, Mr. PLATT now chewed cause.—
The matters, he urged, which\ had been submitted to
the Jury, were proper for their consideration, and the
Court could not say that they had decided wrong. Two
questions bad been left to them— whether the articles
were suitable to the station and degree of the defendant;
and whether there was ground to presume that he
' assented to the purchase ? and on both these the Jury
had expressed their opinion, after every mark had been
made calculated to direct their attention to all their
bearings. As to the first question, it was stated that
Mr. Espinasse was a special pleader—one of a class
who performed a great deal of labour for very little
money; but still he was living in a certain style, and
holding out an appearance to the world which fairly,
justified a tradesman in regarding him as enjuying a
considerable income. In the case of « Horton v. WiL.
ley," reported by Skinner, a claim was made on a Ser.
jeant-at•law, for jewellery and brocade furnished to his
wife to the extent of nearly 1001. and though it ap-
peared that the Lady had threatened to ruin her bus.
haat], and that there was a disagreement between them,
the Learned Judge directed the Juiy to find for the
plaintiff, if they thought the articles suitable to the de-
gree of the husband ; and 41 the Jury being of Gentle-
men,"found for the plaintiff. So here, the Jury, " being
of Geoilemeu," also found a similar verdict. On the
second question, •great stress Was laid at the trial upon
the absence of proof that Mrs. Espinasse wore the jew-
• els in the presence of her husband. Surely it was hard
, to cast the burden of such proof on the tradesman,
• who could know little or nothing of the matter, and

,
who pave Credit to tote appearance and station wwcit a
husband enabled his-wife to sustain.
Mr. SCA Rum'', in support of the rule, said he thought
the Jury had very much overrated the profits and the
rank OF a special pleader, the Tel ition of ./Irich to that
of a serjeaut, the Judges were better able to estini rte.
By the general rule of law, *wife could not bind her
husband ; the cases in which she might reason:l6ly be
presumed to have his authority were exceptions to that
rule; but if these exceptions were held to extend to ar-
ticles like those under consideration, they would destroy
the rule. It was a remarkable fact, that the maid of
the Lady had never seen her wear these jewels ; surely
then it could not be pretended that her husband gave
her authority to buy them. All the circumstances
tended to raise the presumption that the plaintiff dealt
with the Lady on her own credit, believing her to be
possessed of an independent fortune ; and the time
might come when she would be able to pay hint, but he
had no claim in law or justice on her husband.
Mr. GURNEY, on the sane side, ...as stopped by
the Court.

Mr. Justice BAYLEY said, he was cleatly of opinion
that there was no evidence of authority to go to the
Jury, arid that the plaintiff should have been nonsuited.
The rule of law was this—if a man, except for sufficient
cause, tinned away his wife, he was liable to fulfil con-
tracts made by her for necessaries; if he omitted to
supply her with necessaries while residing ritlt him,
perhaps he would also be ; but when the has.
.band and wife were living together, he was liable only
for articles which she might reasonably be supposed to
purchase by his sanction, as wearing apparel for herself,
or provisions for the family. In this case there was no
reason to suppose such authority, but every reason to
believe that none was given. The Lady's fortune was
under £4,000, which would yield an income of less
than D 2,00 a-year ; and was it to he believed that her hus-
band authorized her to s;-end nearly haff a year's in-
come in two months, in jeweis which she did not want ?
While he was working hard in chambers to support his
family in respectability and comfort, was he to bemade
liable for jewels, while the appearance of his furniture
informed the tradesman who called for orders in his ab-
sence, that they were wholly unsuited to his station?—
In this, case there was gross negligence on the part of
the plaintiff, who surely ought to have called on Mr.
Espinasse, and asked whether he sanctioned the pur-
chases which his wife proposed to make. Had he made
the inquiry, he might have received for answer " You
are the sixth jeweller who has asked this question, and
to whom I have answered that I will be liable for no
such purchases." On these grounds, therefore, the rule
for a nonsuit must be made absolute.

Mr. Justice HOLIFIOYD and Mr. Justice LITTLEDALK
concurred.

The Lose CHIEF JUSTICE said, I entirely agree with
all that has fallen from my Learned Brothers. If this
decision should have the effect of teaching greater cau-
tion to tradesmen in giving credit, the result will be
often beneficial to husbands, fathers, guardians, and
friends; generally beneficial to infants ; and constantly
and invariably beneficial to tradesmen, who too often
find, that by rashly giving credit, they not only injure
those whose extravagance they encourage, hut bring
ruin on thernsOves.—The rule for a nontuit was ac-
cordingly made absolute.

By private letters from Gibraltar, dated the 9th ult
we learn that the interior of Spain continued to be in a
very distutbed state. In Navarre particularly, armed
Guerillas openly ap?eared, and levied contributions on
the inhabitants in the villages in the name of the Con-
stitution. The adjoining provinces were in a similar
state of confusion, and these Guerillas were chiefly com-
posed of the disbanded troops of the Constitutionalists,
who, deprived of support, and driven by the severity
of the Government from their home-, were thus retali-
ating on their persecutors. Trade was much impeded
by these proceedings; and, without an escort, it was
dangerous to attempt a passage through the dis-
turbed districts.

At a meeting of the Merchants and Traders of Fal-
mouth, convened by E. C. Carne, Esq. Mayor of that
town, on Monday, petitions to both Houses of Parlia-
ment were adopted in favour of Lord Althorpes Bill
for facilitating the recovery of small debts, and which
it is his Lordship's intention to introduce in an amended
form in the course of the ensuing Session.
BANKING•HOUSE or MARSH AND Co.—Monday
evening, a meeting of some of the principal creditors
of the above firm was held at the Boar and Castle
Tavern, Oxford-street, for the purpose of examining an
immense and extremely voluminous account, tendered
for the inspection of the Committee appointed at a (4.;
neral Meeting, and to come to such resolutions thereon
as would be deemed expedient. After some speaking,
which produced nothing decisive, it was resolved that
a General Meeting should,be summoned.
COMBINATION.—The Dublin Patriot of Saturday
says, it is again our pailful duty to record two more of
'those outrages by which the wretched and .deluded
'tradesmen of the city have disgraced themselves. Yes-
terday evening, between six and seven o'clock, a patty,
consisting of between thirty and forty persons, attacked
the house of Mr. Henry Ormsby, master slater, No.'l,
Rutland-place, Cavendish-row, into which they effected
an entrance, and attacked Joh❑ Ormsby, whom they
beat in a dreadful manner, IW/in inflicted some severe
wounds on his head ; they destroyed the fwnittne in
the parlour, and on returning took with them a %%bite
outside coat. Two of the bludgeons with which they
assailed Ormsby were left behind. Immediately after
the house of Mr. Patrick Ir.s•in, No. 1, Sackvi.le-lane,
another master, was attacked, it is supposed by the same
party; fortunately he was out. The cowardly miscreants
beat his wife, and after breaking the windows and
damaging the house, effected their escape.
The dispute between the proprietors of the cotton
works and their spinners is at last terminated, with the
unconditional acceptance of the masters' terms. It has
lasted twenty weeks, and has occasioned a deficiency in
the quantity of yarn to the vaile of 200,0001. The
spinners, in whose cause the 'dispute was maintaii,e;+,
amount to about 650, whose weekly wages, wht-n em-
ployed, would reach nearly 1,0001. Their total lo.s,
therefore, is about 20,0001. But along with these were
unemployed, piercers, preparers of cotton, smiths,
wrights, and other tradesmen, to the amount of neatly
6,000, whose,loss camont be set down at much less than
45,0001. Here, therefore, is a defalcating in wages of
65,0001. and if it be sup posed that the-persons who in-
cut red this part of the loss connived to live upon hall
their usual income, there will still bang over them debts
exceeding 30,0001.—Glasgow Chronicle.
. It is stated in a letter from Washington, of the sth
of January, that the Bill to abolish imprisonment for
, debt was ordered fur a third reaJiog in the Senate on
l that day.

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hl,oltriNG
• ,
• ntfintra..
Mr. Muster's houttii meet to awl row at get harsh, lad Fildl4
at Pitsford.
The Duke of Grafton's hounds en Friday, at Bradde4.
The Oakley hound's to-nitirroir at Standen; arid Satuidair
Milton Hill.
tharworth fox-hounde nn Friday, at Worse! Gills.
The Nutt hunikerland fox-hounds, Fi iday, at Milbourne
The Cleveland fok-bounds on Friday, at Grinkle Park.
The York City harriers oh Friday, at the fifth mili-stene;on the
Elving'on Road.
The Boroeghbridge harriers on Saturday, at YothGate.
York and Ainsty fox-bounds to-morrow, at Arkendale, and 15.2:-
turday at Sitipwot th.
' The (1,,,rt.d in hounds to morrow, at Oadby Toll Bar, Friday, at
Bareon i lail, and Saturday. at (;addesby.
Tree li.arnerqrt Suhscription fox howids Friday, at Hart Cheer.
Mr. Ten.p'er's hounds to:-morrow at Bias Mill, and Friday, at
.theweare
Tuesday week, the Whitefield harriers, belonging to William
Barnard, Esq. threw off at Cuomb Hill, but did not And till two
; the delay, however, *at attiply made up by the excellent
run they then hid. A harewas put up in a ground belonging to
Mr. of Deerhurst Walton, which went off in gallant style,
pas.ing thronzh the parishes of Leigh, Elmstone Hardwicke, back
atlinuigh De, rhorst, from thence to Tewkesbury, Walton Cardiff,
at-4 lir,:edon ; and, after a chase of two hours and ten ntinilrei, was
'killed near Mr. New's, at Northway, in the parish of Ashehurch,
supposed to be a distance of upward of twenty MOH.. Poor puss was
of very large dimensions, measuring three feet three inches long.
FIELD SPORTS' FOR FEBRUARY.
FROM THI ANNALS Or SPORTIN2.
Coder this head we have little to offer on the present occasion.
Since writing our last obt,ervations the weather has been tor the
most part very unfavourable to ;he pursuits of the sportsman. As
tar as relate.; to the fowling-piece, field gloms may be regarded as
..tan end, if we except a feiv straggling woodcocks; snipes,, 00,
may will he met with.
Coursing and hare-hunting will continue during the present month,
but ought not to be protracted one day longer, particularly in th
present remarkably open season, as mahy of the doe hares will be
in a far advanced state of gestation.
Fox-hunting may be considered as at its zenith.
It will, no doubt, have been remarked by sportsmen, that field-
fares, and all those annual feathered wanderers, which visit us o:t
the approach of winter, and continue here till spring, are much
fewer in number than usual. It must also have been noticed, th. t
very few wild-fowl have Made their appearance in the interior of
the country.
FISHING.—If the weather be mild for the season, and the rivers free
from ice, the angler should, at the latter end of this month, go forth
fully prepared to commence bottom-fishing ; for if the weather,Water,
&c.he favourable, jack, pike, chub, and roach, will take a bait freely.
Perch and carp now begin to move from their haunts and harbours,
and will not refuse a well-chosen bait, if presented to them adroitly,
and attached to fine tackle ; we mean in rivers and running watera,
for in ponds they will not stir till spring is somewhat advanced.
Eels are also now on the move from boles in the banks of rivers,
and the smaller ones, that have buried themselves in the sandy
mud at the bottom, begin to recover from their torpid state, and
uncoil themselves to go in search of food : some few may be taken
this month, during the day, with a Boating line, but the larger are
only to be caught by night-lines; and if judiciously laid and pro-
perly baited, some good eels may be expected to gorge. Flounders
will now bestir themselves, but more particularly in tide-rivers;
and they will eagerly take a well-scoured lug or sand-worm, and
seldom refuse either a brandling or red worm on a fine day, or
during an ebb-tide.
With the Ty-fishermen we intend ere long to discourse " right
pleasantly" about murmuring brooks and pebbly streams, the spotted
trout, the grayling, and umbra swift, which escapes the quickest
eye; the. on the subject of palmers, the red and black, and those
" with gold wrapt round ;" spinners, red, dub, and hackle flies,
brown, dun-coloured, &c. but, at present, we can only recommend
our friends to examine their tackle—perchance the rod may want a
ring, or the whipping a little oil-copal varnish—if so, let it be done
forthwith ; and, further, let them recollect that hope and patience
support the fisherman !

THE MARKETS.

CORN EXCHANGWARK-LANK VRB. st.

The abundance of our supplies (4,570 qrs. of Wheat, 7,300 qrs. •
of Barley, 20,700 qrs. of Oats, and B,7,oosacks of Flour) kas greatly
depressed the sale of almost every article at market. Prime picked
samples of Wheat with difficulty support last Mouday's prices; but
all other descriptions are quite unsaleable. Barley is pretty nearly
in the same stagnant state as last market-day ; and, until it is ascer-
tained whether the ports open for the admission of that ar!i(lr, the
maltsters will decline buying. Oats, Beans, and Peas are very heavy
sale, and a shade lower.

(PRAM THE LONDON PRICE CURRENT, FEL 1.)
COTTON.—There was so little demand for Cotton last week,
that not more than 400 or 500 bales have been sold, mostly Bengals,
at 6.1. for fair Company's quality, and a few Surats; in prices there
is no variation, and not much Cotton offers previous to the sale.
COFFEE.—During the last week, Jamaica Coffee again• ad-
vanced its. to 4s. per cwt. Demerara and Berbice 55. to,Bs. This
improvement in the qualities for the home cor,sumptioir has been
followed by a general and extensive demand for every 'description
of Coffee, and Foreign has now partaken both in thl; demand and
in the prices; St. Domingo was in great request yesterday at 645.
and 654.
SUGAIL—The Sugar market this rnorr.ing is Very Erm, at the
late advance. There was rather more deniaiid fur Relined- goods
this forenoon, but there is no alteration whatev...r in prices. - Mo-
lasses still 265. 64. In Foreign Sugars very few purcholes are
lately reported ; for yellow Hyrannah 30s has beeu paid, and the
holders are asking higher rates, which prelknts business, as the
buyers will not submit to the advanced prices.
RUM, BRANDY, and HOLLANDS.—The Rum market
continues rather heavy ; proof Leewards and fine Jamaica fully
maintain the late prices; all other descriptions are dull, and may
be purchased at lower terms.
SI la K.—The Silk market continues particularly brisk, and higher
prices are still anticipated.
OlLS...—Fish Oils are firm, at the late advance ; •perm kas
been bought in cargoes extensively at (44. The demand for Seed
Oils is general.
SA I.TPETRE.—The demand for Saltpetre has greatly revived
lately, and the prices must be quoted 255. 6d. to 255. the latter has
been paid for fine quality.

SPICES.—There ha; been a good demand for Nutmegs, parti-
cularly yesterday, when ss. 7d. was realized for the best quality.
Pepper is also in more demand, and fur middling light 60. paid.
In other Spices there is little business doing, and no alteration in
the prices.
D Y FWOODS—There is much interest excited as to Dyewoods
—the prices are nearly nominal.
F.NIP, FLAX, and TALLOW.—The Tallow market has
become heavy; the nearest quotation of the new is to day 595.
Hemp is .also 10s. lower. In Flax there is very little business
doing; the prices are not varied.

A new Association, called "The Gold ast Mining
and Trading Company," was brouglanrward yesterday.
New COMPANIES.—It has been estimated that the
different new schemes now in agitation amount to 114,
and the capitals Co be more than 105,000,0001. viz.--
Rail-roads, 20, capital 13,950,0001.' Banking,•Loan In-
vestment, &c. 22, 36,760,0001. Gas Companies, 11,
8,000,0001. British and Irish Mines, 8, 3,600,00001. Fo-
reign Mines, 17, 11,565,000/. Shipping and Dock Com.
panics, 9, 10,580,0001. miscellaneous, 27,11,070,000!.
translatedAtNeY a
a work, professing t,. have
been appeared in France, under !the
title of " Th. Life of Sethos, taken from Private Memoirs of the
i
Ancient Egyptians." In point of fact, the stork was neither
centuryfrom aGa ago,
Greek
more nor less than a romance, written by the Abbe Teseason, in
illlitati.lll of " Telemachits," .and of "The Travels of Cyrus."
Maros characterised :t as possessing more variety and originality
than the former of these celebrated fictions. In our estimatit.n,
however, a production equally beautiful as " The Travels of
Cyrus," and more valuable than " The Life of Sethos," has Ltely
been published, under the title of " Ransescs, an Egypiinn Tale,
estib Ilisiorical Notes if Era fl the Starch:lu" 'I hese volumes do
not merely. tell a t.le, and inculcate a moral, but they also presti t
the most vivid illustrations of the mythological fables and sacred
rites of Egypt—of the manners and customs of her people—and of
their knowledge of the arts in the sarly ages of the world. The
notes are copious and teeming with matter; arid, by their almost
innumerable references, they point out every source of information
relating to one of the most interesting countries in the universe.

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