Star.
London, England, 1802-07-09 00:00:00

T-1011 mcvroits Of USIIVit V. TKONIOAII.

This was au action upon a promilfory note for
20. fur money lent by Ufher in his life-mue to the
tiefendant. The defendant pleaded as a fet off,
that Ufher was indebted to him in a much greater
tunot.,a, for nrovifions and nece(faries with which
be had fopplied him.
Trucman, the defendant, bad been an aetor, be-
longing to the Drury-lane company Miter, for a
143 tat number of years, had been an allot' at the

veal lite. it pert that he had ne &add !hilted fn
coorfe of his profetion, the Volpone of Bei Job
ins he lived likc a moil ',retched miler. and.
herefore fuppofeJ mire rich ; •he was at the fam
ime fond of good eating, and expreffed the grea
fit acknowledgments to thofe who fent him'an
iclicacies. The defendant, Mr. Trueman, was
13rticularly attentive to him in his old age, and
'rot him from his own table pf4tcc.of fowl, turkey,

and every thing that vas nice t he aWo ufed to
C:nd him wine, Ipirits, tea, and fugar. Mr. Uther
!Ceti, in return, to fend by the melfenLver his kindeft
:gyve, and his affurance, that he wotild repay Mr.

. .
rrneman for all thefe kindnelles. He died,-how-
ever, without leaving Mr. Trueman a (billing, but
leaving to his executors this promilfory note of
Mr. Trueman's for 351.
Mr. Trueman now pleaded apinh this anion,
that Uther was, at the time of Ins deceafe, indebt-
ed to him in a much larger amount, for the provi-
fions and necefraries fo furnifited; but in fupport
of this plea he had no evidence, except of thofe
vague and general declarations of acknowledgment
made by tither in the manner before flared.
Lord ELLEMIIOIIOOOH told the Jury, that this
tranfaftion was evidently a fpecuhttion of the de-
fendant againfl the miter's theft—that it was evi-
dent he only looked fur payment from his will,
and although difappt;inted he was entitled to no
compaffion. Speculations of this nature deferve no I
better fuccefs. The plaintiff was entitled to a ver-
dill, as the defendant had not fitpported his plea,
by proving any legal claim or debt which he could
fet off againft this proznilfory note.—Verdia for
the plaintiff.
In the courfe of this trial Mr. Gauen,' cited a
fimihsr cafe which was tr;ed before Lord Kenyon,
where a friend of an old rich miferly German
Baron; refident in this country, paid him all this
kind of attention with a fimilar motive. This
German Baron was not only a miler, but a fort of
an Epicure alto ; be was very fond of melons and
of Bleep's trotters; his general direftions to his
land was, to bring or fend down to his refidence
in•the country, any very nice melon, or fheep's
trotters, he &Auld meet at the market ; but on no
account to give more than fevenpence for a melon,
or three halfpence for a sheep's trotter. This Was,
of courfe, a lofing commiffion to the friend, who,
however, expelled to be reintburied by a legacy ;
hut when the old Baron died, he left 80,0001. to
one charity, 40,0001. to another, feveral very rich
legacies, but not a fhilling to his friendly caterer
for melons and fheep's trotters.
Mr. Garrow then obferved, that in• fpeculations
of this nature, the old ones were generally too
knowing to be taken in.

FULL W. MOLIFOR.D.

This was an aetion to recover 2cl. los. the
value of the goods delivered by the plaintiffto one
Raines, at the recommendation of the defendant,
and in confequenee of his promife to be anfw•erable
for them. It appeared in evidence that the plain.
tiff was an utter firangcr to Raines, and that al-
though he fent him the goods he never fent a bill
of them to him, but fent one to the defendant.—
Raines (family after became infolvent.
Lord ELLEasoitoticH told the Jury, that the
only cineflion for their confideration was, wherhea
the pliintiff, at the time of the fale, loo.ked upon
Raines or the defendant as his debtor ? The
cir-
cumßance of his never having furnithed Raines
with a bill, fcemed to prove that it was to the de-
fendant he looked for payment.—Verdia for the
plaintiff.—Damages aol. ios.