Star.
London, England, 1801-03-06 00:00:00

FLETCHER H. ATKINSON:.

The Plaintiff is a fhip.owner and the Defendant
merchant in Loudon. The Aftion was brought
to recover the Turn of 2391. 13s. due to the Plain-
tiff, as freight for a fhip he had hired cc the De
fendant. It appeared in evidence that Mr. At-
kinfon by means of his agent had entered into a
charter-party, by which he bound himfelf to pay
about 'oo°l. Fart of this funs was to be paid in
cafh, a,id for the reft Mr. Fletcher was to draw
Upon him. At the end of the voyage Mr. Fletcher
received all that was due except 2391. t 3s. ; but,
inlbead of drawing upon Atkinfon for the remain-
der, he received a bill from a Mr. Tobias (Atkin-
fon's agent). payable in London. Tobias became
bankrupt Wore the bill was due, and Fletcher
now had recourfe upon his principal. - Mr. Atkin.
lon denied that he was liable as tiverms of the
charter.party had not been c with ; and
Tobias had kept back properry°Vilsetdo the amount
of the Bill which he had accepted.
From thee fads the Counfcl far the different
parties i!rew very oppofiteconchifions ; but
Lord KENYON Paid he never faw a clearer cafe,
and dircded the jury to find for the Plaintiff.—
Verdi& for the PLuntiff, Damages 2391. 131.

MARC% 3.-MOUIITTORIPIP. DAOLSY.
This allion was brought again( the Defendant
for having given a falfe charade . of a perfon of
tha name of Froom, by which the Plaintiff had
been a lofer to the amount of 491. It appeared
that Mr. Dagley had written Mr. Mountford a
letter, Rating that Froom had difchargcd his tim-
ber merchant, that he walled to open an account
with him (Mr. M.), that he himfelf had mined
Lim, and that he thought Mr. Mountford might
do fo fakir. In etinfequenee of this, Mr. Mount.
ford fold him deals to the amount of 491. and he
aldconded without paying for them a few months
after. It was proved, however, that though he
was in very bad circumfiances, the Defendant had
eitcounted a bill of his, and that every thing in
the letter might eafily be true.
Lord Kenyon raid, it was of great importance
th at fach cafes fhould be infiitrated and encouraged.
Much mifchief, however, would be occafioned if
they were to be brought on frivolous pretences.
NGthing ought to be left to conjatare, and here
"t.o &rat evidence had been produced. Plaintiff
nonfulted.

DOWI.I/10 AVD AMOTHIR b. 05010 E.
• This aftion was brought againft the Defendant
to recover damages for an impofition which he
was turpofes•' to have praailed on the Plaintiffs,
by giving a fraudulent reprefentation of the fitua-
tion of a young man of the name of Whitworth,
in cor.fequence of which they gave him goods on
ctedit to the amount of ab"ut
The principles on which thefe Athens had been
ftipyorted, and mint continue to be to, were in
pi tin, and fo unifornily admitted, that he ihould
not enlarge upon them. Certainly nothing could
be more plain or defirable to be maintained in
point of Law, than that a perfon fhould be liable
for a fraud which he had committad ; and it was
not very eafy to find Link with any fpeeics of

Anion that Was founded on the principles of ino-
tality, wile polity, and pace. The circurn
fiances of this cafe were shortly thefe
worth had been a Journeyman to George the De-
fendant, and afterwards fct up in bufinefs for him-
fell, and-married the Defendanti Honfekeeper.
When the Plaintiffs applied to the Defendant for
the chander of this man, he laid that Whitworth
expected tool. from his Father, who was an inde-
pendant man in the country ; that he did not
know whether he had got the money, but he
thought they might mull him &rely. It was al-
!edged that the Defendant, at the time he made
that reprcfentation, knew that every part of it
was falfe.
Among the witness called for the Plaintiff was
Whitworth himfelf; and he very fatisfadorily
made out the Defendant's cafe.
The Loge Cmisv jurrics Paid, the Plaintiff
muff be nonfuited. His Lordfhip thought thefe
were very proper Actions to be brought where the
fads fupported them, but one muff not go upon
conjecture. He had gone as far as he ought to
fupport there Actions, but they ought to be made
out clearly to the perfect fittisfadion of a Jury.—
Plaintif nonfuited.