Star.
London, England, 1802-07-24 00:00:00

Ic

LAW INTELI,IGENCE.

COURT OF KING's IWNCH, JULY 23.

1,A.5011 ANIITHIR

Thit stae an aftion for the breach of a contra&
by which the defendant had agreed to fell the
goodwill of the trade which he followed, at the
tone of entering into the contrite% which was that
of a dealer in wine and brandy, &c. in Newgate-
flrect, for which he was to have the fum of 10501.
nod the plaintiffs were to purchafe all the flock
in tr ide of the defendant, which they did and paid
for, amtaniting to between 7 and Soool. For
thele considerations, the defendant engaged to in-
Nun the plaintiffs or their agents, &c. in the art
and my fiery of his trade :not to go into it himfelf
in any other place ; !no that he would, RS far as in
him lay, recommend the plaintiffs to all his cid-
tomer., lo as to intlific them to continue their
favours to the plaintiff, in like matowr AS they had I
gone to the defendant. The deed containedlve-
ral other covenant', but :his Lift wa, the material
one in this cafe. The Lilt etude in the agreement
provided, that if either o:. the parties Mould 'elute
or nutlet to perform an y• part of thi. agreement,
that then the penalty of 20.01. Mould attach in
ten days, and be filed for and be recordable in
any Court of I.aw, &c.
The material breach :aligned againd the de-
fendant was. that he refilled to recommend the
plaintiff. to Ids cuftomers in trade, having refitted
to lign a letter intended, by the plaintiffs, to be cir- ,
ciliated by their Oder all over the country, &c.
whereby the plaintiffs contended that the defendant I
had forfeited the penalty in this agreement, &c.
Mr. FAS E opened the cafe on the part if the
plaintifk, liming all the en ciamflances of it ; the
m itetial puts of which afterwards appeared in
evid-nee, RIM many other circumflinces which
did not appear.—Of the evidence, the following
is O. tuhttance
The ag: cement was proved, and read, after,
whi,•ll
Benjamin Hanfon, the fon of one of the plain-
tiffs, laid, he remembered st hen his father and •
Mr. Williamfon, the othee plaintiff, and the de-
fendant, were together, when they propofed to
the defendant a letter, which was intended by
them to he made a circular letter to all the cuff o-
frets of the defendant in big trade, for hint to fign
it, at the fame time delis lag him to draw out RlM-
filer, if he Jid not annoy.: of that; or that he
would make Inch alteration in that as he thought
fit. They prefented to hint the letter, but he re-
futed to fign it, milefs they gave him lime further
confideration for die leafe of his bottle, laying, he
thought it was worth about 3001. He then looked
at the letter that was relented for him to fign,
and the parts lie dilliked he Muck out, and made
feveral alterations with his own hands, to which
the plaintiffsfubmitted, but eventhen the defendant
refuted to fign the letter unlefs they would allow
him a certain further him for his leafe; upon
which Mr. Haafon offered to leave the difference
between them to the arbitration of any two per-
fon; to be choler, by both fides, to fay whether the
defendant ought to have any more money in this
fie.l: than he bad already received ; for they want.
ed to lofe no time, as they had their traveller
ready to go on the linfinek of the hoar. But the
defendant objeCted, fay-ing, he would leave it to
the determination of his own friend, naming a
Mr. Brewin for that purpolc ; hut he would not
leave it to the decilion of any one, but to fume
perfon of his own nomination. After this, ano-
ther meeting took place between the parties, and
the witnefs was prefent at that alfo. The plain-
tiffs again pref Ted the defendant to fign the letter
in the pr*sicc of feveral other witneffes. The
plaintiffs afked him whether he pet filled in his re-
tnfil to fign the letter? He lard he did. They
told him th::t if he wouldlgn it, they would have
a number of them print and circulated for the
trade of the knife, and preffed hint again to fign
it, but he fetid he would not fign it, unlefs he re.
ceived a confideration for his leak. He Ilaid he
would take 1501. for this leafe, and would not
fign it v ithout that lum. The witnefs had a con-
verfation himfelf afterwards with the defendant,
and offered him this money out of his own pocket,
if he would MT the propoled circular letter whit h
be had altered with- his own hand, and made ra-
ther blunt, inflead of being a civil entreaty for the
continuance of favour ; hut the defendant would
not fign the letter, nor would he take the mom.), I
from the witnefs, laying that his lathe-, the plain- ;
tiff Hanlon, lhould fend hint a tool. Note, and
leave it to him how much he would take of it, &c.
Some other witneffes corroborated this account.
as far as it related to the refufal of the defendant
to fign the circular letter.
It then appeared in evidence that fince the. de-
fundatt had transferred this bulinels to the plain.
t;ffs, he wrote lends to feveral of his cultomers,
in which he threatened to fue them for non-pay-
ment of their debts, and taking but flight notice
of his fucceffors in bufinels, which was contended
on the pot of the plaintiffs, to be an ill mode to I
procure butinefs to them. &c.
It was contended b: Mr. thefts, on the part of
the defendant, that unlefs my Lord Chief Jullice
Mould be of opinion that the damages were the
penalty in the deed, in which cafe the law pro-1
trounced their amount to he 2ocol. without any
nonfideration of the Jury, they would have to con- I
Elder a cafe of damages in the dark, becauk no loft •
was proved to have been aflually tuflained. He
laid, that the truth of the matter was this, That
had the cafe beets to be derided between the de-
fendant and one of the plaintiffs only, Mr. Manlius,
it would hays been eafily fettled, tin that Gentle-
man knew, and was difpoled liberally to interpret
the fpirit of the arrangement between the parties;
but, unfortunately, the other paitner had the
guidance of this butinefs. In reality, it was un-
derdood, that a confide, able fum thould be al-
lowed to the defendant fur this leafe, but he had
not the precaution to provide fur this by an ex-
prefs covenant in the deed, and therefore, in point
of fulsitantial plaice, the defendant (although he
j ad om;ttcd to Jo one thing which he covenanted

fonr, he truflcd the Jury would give only nominal
damages.
Lord ELLEN nortventt fitid, that his opinion up-
on the point of law in this cafe, was, that the da-
mages were not to be considered as ilipulated and
liquidated damages, according to the penalty in the
deed, becaufe the 20001. penalty therein Ilipttlated,
was for the purpofe (till:cluing the perfot mance of
all the covenants in the deed, and not attached to
any one particular covenant in it, and there-
to' e, toppling him to be right in his condruaion
' of the law upon that point, it would be the pro-
vince of the Jury to ellimate the damages which
the Plaintiffs had fultained. Now, upon that tub-
jeft, his Lordfhip did not agree with the Learned
Countel fir the Defendant, who contended, that
the damages fhould be merely nominal, becaufe
they were quite in the dark as to the amount of the
damages. The Detcndant himfelf had furnilhed
tome clue to go by. He had himfell Rated, not
the fun above, but the rum below which, the da-
ma,•es ought not to be ;JOU : had hi on:lit:di-
mated the price of his compliance with the cove-
nant at t jol. Thii Was the Dcf.ndant's own
va-
!n of the thing, and, therefore, the damages
Ihould, by no means, he under that film ; but his
Lordthip meant this as an aufwer merely to the
oblervation, that no price could be fet on the in-
jury fuflained, by realm) of the non-performance
of this part of the contraa, on the part of the De-
f.:taint. He withal it to be underitood, that he
by no moans attempted to induce the Jury to limit
the damages to that amount : the whole of which,
upon the circomlances of the cafe, lie left entire-
ly to the determination of the Jury—who found a
verdia for the Plaintiffs—Damages sea

But from this fom 'mac dedueled 1501. for inter- I
ea of money received by Critic°, which educed
his claim to 9551. tos• This laR Ram Into raCL.I
from the grots turn received by him of 41651. 175.
3d. left a remainder due to the Plaintiff of 31..01.
75. 3d.
As Critic° made the claim on'behalf of himfeif,
as Well as his owner, his allowances for agency,
law expences, &c. were calculated upon a deduc-
tion according to the amount of his interett.—Ver-
dia for Plaintiff for 3zool.

SPORTING INTELLIGENCE.

WINCHESTER, THURSDAY, JULY 22.

The Ladies' Purfe of sol. for any boric, &c. that
m:ver won a Plate, Match, or Sw•cepllakes of
that value ; three yr. olds, 6(l—four yr. olds,
711. 121 b.—five yr. olds, 8(1. 71h.--tix yr. olds,
$1!. 31b. and aged, 911. 21b.—The bea of three
four-mile heats.

Mr. Milk's- Floritt - - r 1
Mr. Payne, Sally - - - 1 1
Even betting on Sally.
Hunter's Plate of go!. given by the Members for
the County, by horfes, &c. bona fide the Pro-
perty of FrcLholdcrs refident in Hampfhire, that
never have won, and have been in the owner's
pa:llion from the Ili of Oftober preceding.—
Bea of three three-mile heats.—To carry 12th
Mr. Cosc's Satellite, 6 yrs. old - - 1 1
Mr. l'ayne's Sally, 4 yrs. - - - 1 1
. Mr. Thorpc's g. tn. 5 yrs. - - - j j
Satellite the favourite.

LAMBOURN RACES, WEDNESDAY, JULY 7.
501. given by Lord Craven.
P. of Wales's Fidget, 4 yr; old - • I I
Mr. Bowes's Dungannon gelding, • 4 2
Mr. Elton's Yam, 4 yrs old - - 2 3
Mr. Bullock's Philpot, - - 3 4
Hunter's Sweepnakes, Five Guineas each.
Mr. lk osi s's Anthroropliagos - - 1 I
Mr. Dundas's Enifdorli - 1 dr
•
T:tr• reft paid.
T H V R SDA v.—A Maidcil Plate of gcl.
Mr. Forterctie's mit:jaws -41 or
Ntr.H..niug's Pugiiiit - • - i 2 0 2
Mr. NVIIJIcy's Wilkes - 2 3 dr
Mr. P-g'', 5..11y Rockingham - 3 dr
Mr. Islills's Florilt - ran out.