Star.
London, England, 1801-11-27 00:00:00

SOWERBY V. HART.

Mr. GAIROW moved for a rule to thew caufe
why proceedings in this cafe fhould not be flayed,
why Wooley, the Plaintiff's attorney, fhould
not anfwer the matters in the ailidavit, why he
fhould not attend in Court when caufe was (hewn
againfl the rule, and why either he or the Defen- 1
dant fhould not pay the cogs of this application ?
The learned Counfel Rated that this Mr. Wooley
is an attorney who goes about all tho public houfes
in London as a fpy, and immediately upon
dif-
covering that a Tailor has ;n any une danced a jig
with his mißrefs, indtets the landlord for keeping
an unlicenfed houfe for mufical entertainments. In
this inaance he had brought an aftion in the name
of Mr. Sowerby, and not only 'without his confent,
but againft his expscfs orders. He had afterward>
leagued with the Defendant, and figned a ISC:1 pro. r,
that he might faddle the nominal- Plaintiff with
cogs.—Rule granted.

MOVE Mb FR 24,—.-£ 4 AK' V. FELTON.

This cafe came before the Court on a motion
for a new trial. The anion was brought on a Ihip
from Liverpool to the Weft Indies, valued at
62001. She proceeded to the coall of Africa, took
in a cargo of flares, and flretched over to the
coaft of America. After the had been a few days
at fea there was a dreadful concuMon of the wa-
ters, occafioned, as is fuppofcd, by an earthquake.
By this the was materially damaged, and it was
only by keeping the pumps conftantly at work
that fhe could be kept above water. However,
the Captain fucceeded in making Demarara. Here
the cargo was landed, but before the fhip had been
twenty-four hours moored the went to the bottom.
There were feveral points made at the trial, but
the only one now relied upon was, that
maces were endive, as the Captain had r€ceived
orders to fell the chip in the Weft Indies for 40001.
The grand queftion therefore was, whether a
va-
lued policy can ever be opened without proof of
fraud? The arguments pre urged by Mr. Gist's
were, that from the length of the voyage the ftores
were nearly expended before the lofs ; that the
deterioration from wear and tear had been very
great ; and that the full profits had been made of
the adventure, fo that, although the (hip when the
failed might be worth 6:ool. yet alter fhe had
reached Demarara the was not worth the fifth part
of the flun ; and by thislucky lofs the owners would
put pool. into their pockets. Mr. Ea s Kix E and
the Gentlemen on the other fide maintained that
it was a fixed and invariable rule of law, that the
valuation, unlefs fraudulent, was never to be open-
ed, and this point they fully eflablilLd by a r ari.
ety of decifions for the lalt fifty years. Various
bad confequences were Rated that would flow
from a contrary pranice ; and Mr. Erline ob-
ferved, that if a man eat a bifcuit rn,rre than his
allowance, it might be reckoned a laic tent ground
for calling upon the Plaintiff minutely to prove
his intereft.

The Court was unanimoully of opinion againa
a new trial, and the rule was di.cliargtd.

roc. 25.
Several Otto Warrantor werc granted, calling up.
on perfons to (hew by what authority they claim•
ed to be Freemen of Litchfield, _

In Yate and Willan, the Rule for the new trial
was difchar:ed.

1.61 W HARIOROUG if V. LOCI. LI Y.

This was a Rule for a new trial upon the ..var•
ranty of a boric. The verdit% was for the Plain-
tiff. The only thing c.blervable in the cud:: was,
that it appeared from the report, the Noble Lr rd
had given too guineas and another hnife, wl,ich
colt him 250 more, for the horfe in wielt;on, which
was aged 14 years, and at fever }cars old had
been fired in all his legs, and at that time fold for
ten guineas.
Lord Kamm; alked Mr. Serjeant Vaughan whe-
ther the young Gentleman or the horfe was the
°lda

Mr. Serjeant Vat: Gnaw replied, that the young
Gentleman was between thirty and forty, and
ought to have as much knowledge in lmrfcs as any
man.—The Court refilled to grant .1 new trial.

LANDLORD AND TENANT.

In the dircuSon of a cafe where the queflion
was urn the validity and effeet of a notice from
a Landlord to a Tenant to quit, 8:c. on the penalty
of paying double rent.
[By the by, an inaccurate made of expregion,
for the Statute on which this notice is founded,
lays, " double the value of''
Lord Kt -
wbereinhe•

eta LD raying,
mint, whether

but it was

lecnll rece;re the double rent, or compel thk.. Te-
nant to quit, at the expiration of the notice.

CURIOU3 CON SPIRAC Y.

Mr. Scales-rr moved loran information againft
William Withrington, Thomas Wearer, John
Groom, and John Sharpies, for a emit-piracy to
lefraiid Mr. Standifh, a Gentleman of Cumber-
land, by pretending that William Withrington
was entitled to a part of his eft AtC. From the affi-
davits in fupport of the rule, the Learned Colin-
fel timed the followhy; fails : That W.i..tver was
a bankrupt cheefemonger ; Groom h-d been a
grocer; Sharplefs an attorney conviacil of felony
and fent to the Hulks; and Withrington a jour.
neymat's lawyer in Deptford dock-yard, to which
he added the trade of crying " Hot pea', all hot!"
about the town of Deptfora. It was fuppnfed that
the tonncAion among thefe people took place
while Sharplefs was on board the hulks, for as loon
as his time was expired they went to an Attorney
of the name of Smith, with a long roll of papers,
which Withrington fluted contained hi, title to the
Lordfhip of Stethen, being part of the cat ite of
Mr. Standifh, and Mica if he would politic his
jclaim? Mr. Smith laid he could have nn
tion to do it legally, but he pofitively den d that
he gave them any advise whatever, tiou?,ti they
fubiequently pretended that they ailed upon it.
They then nll prceeeded to Durham, but they
firft flopped at Newcallle, where Mr. Withring-
ton firlt i!iiied a notice to the tenants, Je:iriuJ
them to pay no more rent to Mr. Standifh, as that
he was lineally defcendcd from the ancient Lords
of Withrington, and came to take poffetTion of his
elate. This notice he dated from his Lordibiltof
tethen, on the tf of Augutl, ttiot. Here alfc
they procured the :alliance of one Nail, •, who
was a difcardcd clerk to Mr. Standsfh's collector,
and they went round to the tenants, font: of
whom they prevailed upon to attorn by various
pretence,. filch as that the Chancellor had acknow-
ledged his claim, and that he had feventeen Peers
to lupport him. Mr. Withrington next called a
meeting of the tenants, when he promifed to for-
give them half a year's rent, and that he would
allot his cleat: into (mall farms. He alfo gale
them a dinner, at which he produced his pedigrees
which was fworn to be a fate one by one precut,
and who knew the family of Withrington; and
while at dinner, he received a pretended exprefs
from Newcaftle, that the tenants at Withrington,
another part of irlr. Standifh's elate, had acknow-
ledged his title. By thcfe means hehad a rabble
continually attending him, and they proceeded to
the mantion-houfe with a deign to take poffeifion,
but they found it batred against them. Mr. Stand-
ilh, who lived at a dillant part of the county,
hearing of thefe tranfaeions, fent his Solicitor,
Mr. GA, to trace them, and by much inquiry he
had learned the above account. It was alfo added
in the affidavit, that it was believed they only in-
tended to delude Tome of the tenanse into paying
them their rents, and that then they propeed to ab-
ivifigranted.

north, bnt in
_Nat la( he n-as fonna at Clifton,'
;Aid taken op upon a ,-14/s. Not :tide to
fn.' hid, he lav in Glo,:ceil.:r gaol from that time
I now, that Sc was brought up to receive judg-
ment. Al:er th.: report had been real, Counfel
11—o d. &e. Lord KEN YOI raid, ill.. conducl of ti.
Defend:int had been moll reprehenfible, bin he was
noz itn iiited to break the broiled reed. (The .11
tidnvit Ilated the Defendant to he in the moll
circumflanees.) He was therefore dif.
charged upon paying 6s. Si.up.ln each convitYo
and entering into a recognizance to keep the peace
for five years.

COURT or COMMON PLEAS, NOVEMBER at.

OE L'INGLOIS V. PARROTT.

The Court heard Setjeant Crlcktilt.againft the
Rule to thew Cattle why a judgment of nonfuit
ihould not he entered in this cattle; a number of
ol)icniuns were taken, all of which were ever-
ruled by the Court, and the terclia for Plaintiff
confirmed.