Star.
London, England, 1802-12-13 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, DEC. 11.
COLDER V. EMMEIITOII.
This aaion was brought by the plaintiff to re-
cover the fum of 1391. which he had loft in con-
fequence of milling a perfon orthe name of Hall
with goods, to that amount, at the recommenda-
tion of the defendant. Corder, who is a corn mer-
chant, flitted, that on the 21 ft of December, 1801,
Hall, in company with the defendant, came to his
Rand in Mark Lane, and looked at fome famples
of corn ; obferving the defendant, he hid that he
believed he had feen his face before, to which the
defendant replied, that he had been there former-
jy, and recommended a perfon of the name of
Tomkins. He then Paid that he had had i great
deal of trouble to get his money from Tomkins,
but hoped that he had now br'ought him a better
dealer. The defendant anfwered, that he was
forty for the trouble he had before fullained in
confequence of his recommendation, but that Hall
was a good man, and would certainly pay him
faithfully for whatever he purchaled. He had, in
confequence of this converfation, been induced to
truft Hall with corn to the value of 1391. but this
man being, a, it afterwards appeared, in infolvent
circumftances at the time, was unable to pay the ,
mone
appeared from the evidence of Hall, who was
then called, that he was indebted to the defendant
a fum of 651. in December, tfiot ; he was then
very much diftreffed in his circumfiances, which
from various tranfaaions that palled between
them, Emmerton mull have very well known.—;
By the advice of the defendant he had come to
London to buy corn, but he expreffed his appre-
henfions that nobody would trill him. The de-
fendant laid, that he would recommend him to
Corder, whom he knew. After he had bought
the corn, Emmerton infifted upon having part of
it ; with which demand, in confequence of the de-,
fendant's threatening to chards him, he was induc-
ed to comply.
Mr. Sorra ERN the Counfel for the defendant,
commented upon the evidence at fome length, and
infitled that as no previous confpiracy between the
parties for the purpofe of defrauding the plaintiff
could be proved, there ware no grounds' for the
prefent anion ; efpecially as it was enaaed by a
general law paired in the reign of Charles 11. that
no perfon could be made liable in damages incur-
red in confequence of giving a good charafLer,
tulles fuch charaaer was given in writing.
Lord A LI'ANLIY, after lumming up the evidence
to the Jury, obferved, that the common praaice
of the Courts was, in cafes like the prefent, in op:
pofition to the Statute of Charles IL If the Le-
giflature were to take the fubjea into confidera-
non and enad, that chara&ers &mild be given in
writing before an anion could lie, he would per-
haps give it his fupport, with a view to prevent all
doubts concerning the truth of the fa& : but even
as the law flood at prefent, it was requifite that
the cleareß proof fhould be adduced that the cha-
raaer was given by, a perfon knowing it to be falfe,
and with an intention to deceive, before he could
he made Bab* in damages. It was for them to
confider whether .fuch intention was clearly prov
td in the prefent inflance, and if no doubt remain-
ed upon their minds that the charmer had been
given with a fraudulent intention, they fhould
find a verdia for the plaintiff for damages to the
amount of the whole Ids he had fultained.—Vez-
fcr the plaintiff 1391.

COURT OF RING'S BENCH, DEC. I.
ERNONSOW V. MONTII4II.
This was an *&inn upon a pkongnry note,
give,* by the defesdaitt to the wife of a, gentleman,
while the lived in a Rate of reparation from her
hatband, but who afterwards became reconciled,
and lived together ; and the note was indorfed
over by the hutband to the plaintiff, who became
a holder of it for a valuable confideration : It was
for money lent by this Lady to the defendant, to
enable him to carry on his buftnefs, which is that
of a Chemin, in the city.
The defence which the defendant infiruaed Mr.
Zasanis to ret up was, that at various times there
When feulemeuts of accounts between him and.
the Lady who lent him this money; that he WA,
'taiga to allow her, at each of thofe times, a cer-
tain fum, fometimes five, and fometimes ten gni-
,aeas, to induce her to continue lending him mo.
ney ; and that he was conftrained to do this in or.
der to keep his head above water, for he then was
a diftrefed man. This account, thus fettled, form-
ed part of the cooideration for which this vote
was given, and was therefore ofurious, and would
by law, taint the note, or any other negotiable in-
Rrument or fecurity for the payment of money,
even in the hands of an innocent holder for a valu.
luable confederation.

Lord ELLEN soionast.--14 I know there has
been a cafe to the contrary, but I am prepared to
hoid the doarine you have Rated, Mr. Er&ine,
tq its full extent, even if it Sould overrule that
cafe."

To prove this ofury. Mr. ERSIIINa called the
Lady herfeif, who had advanced the money, who,
after-objection taken to her teftimony, was decided
to be a competent witnefs in this cafe, and proved
the reverie of obit,' ; for that the never had one
.!billing of the defendant, hut legal interett, for
the money the advanced him from time to time, to
relieve his wants.
Mr. Gaaaow Paid, that the defendant had in-
tim/tea his Counfel to make an attack on this per.
fon, which haat the effect only of filming his in-
gratitude ; for that it now appeared that he had
been kindly fupplied with money to relieve his
wants ; ant! then he made an account in his own
hand writing, an eafy thing, charging an ulbrious
vier& of dealing, which bad no ecidence • this
Mr. Gaaaow took leave to call an impudent and
fcandalous thing in Mr. Montieth.
Lord ELLlssosouom Paid, the jury could only
=ire a verdia for the amount of the note in quef-
tsos. As to what Ward to the cbara&er of