Star.
London, England, 1822-12-25 00:00:00

1:1.7./f2fL

.• LA

INTELLIGENCE!

*OF COMMON PLEAS, DECEMBER 24. •
• 'HUDSON V. btAItJOHITIA'SKS.
• This *man action to recover SOO& upon a policy
of ititiitanee. The defendant pleaded that Ire was not
liable; and upoli that point issue was joined. •
As this is the third time that this action has been
trtil4-and. as we have* before given a copious report'
or it,le 'shall merely state the leading facts ot it,
which lie within a very narrow compass. -A policy
of insurance was effected upon a cargo of wines
shipped oft board the Swallow, in -the latter end of
the year 18/0, to be delivered part in the port of
Bristol, and. /Jan in the port of Dublin. The Swallow 1
was sr:reeked off Porthead, in the Bristol Channel:
the' irlneiwere in consequence placed for some time
under salt liter, and were all of them subsequently
'sold at a lois in the Bristol market, notice of their ;
abandonment being first given to the underwriters.
The questimis forte Jury to decide were—first,'
'Whether due itotiv had been given by the plaintiff
to' the defendant of the abandonment of the cargo,
secOndly„ whether the plaintiff could recover for
that loss as an average or a total loss?
Mr. Serjeant VAUGHAN contended that due notice
of the abandonment had been given by the plaintiff,
and called several .witnesses to prove that the wine
badheen injured to an amount fully equal to half
its original value. He maintained that as such-a loss
"its in law considered equal to a total loss, he was
entitled' to a verdict for the whole sum mentioned in
the 'policy of insurance.
• Mr. Serjeant LENS, for the defendant, insisted that
the offer of abandonment bad never been accepted
by the- defendant, and also that the plaintiff could
only- recover as for an average loss. To make out
this: part of his case he called several witnesses to
prove that the wine had not been so much injured by
the-salt water as was represented on the other side.
Some of them who had purchased part of it and sold'
it again at a profit, declared that they had never,
received any complaints of its being insufficient in
quality from any of the parties to whom the wine
had' been sold.
The LORD-entre JUSTICE, in summing up the evi-
-1
denie, informed the Jury that they had two points to
decide—first, whether the assured had a right to re-
cover at all or not; and, secondly, if he had,whether
it was for a total or an average loss. In order to as-
certain the latter point, he should trouble them to
state-to him, in their verdict, whether the cargo was
deteriorated more or less than half its original value
by the wreck of the ship Swallow.
The Jury deliberated for a few minutes, and then
returned a verdict for the plaintiff as for an average
loss, subject to a reference ; finding at the same time
that the deterioration of the wines did not amount
to 50 per cent.
The Court then adjourned at two o'clock until the
16th of January next, when the sittings will again
be resumed.
INSOLVENT DEBTORS' COURT, DECEMBER 24.
Captain John Allen, of the navy, came up to be
heard upon his petition. It appeared from his exa-
mination, that his family, as well as his situation in
life -(Fos-. Captain), were most respectable; and that
his pecuniary embarrassments were principally owing
to domestic affliction—the illness of his sister alone
(Now dead) having cost him upwards of1:800. In the,
opposition of two of his creditors, the Court declared'
there was nothing ; a third, to • the amount of £40,,
resisted his discharge, on the ground that, at the
time he incurred the debt. lie omitted to state that he
was then living in the Rules of the King's Bench Pri-.
son. In other respects he described himself truly.
; The case stands over for some trifling amendments
-of the schedule: and when he next comes up, the.
Court will pronounce its judgment.
William Bate, a Lieutenant on half-pay, was op-
posed by Mr. Dowl.txc, for Messrs. Christy and Co.
on the ground that the insolvent had refused to allow
them any part of his half-pay. Ile (Mr. Dowling)
therefore now attended merely for the purpose .of ap-
plying to the Court to order some portion pf thein-
solvent's half-pay to be allotted to the payment of
his debts.
The insolvent stated, that his half-pay amounted
to about £BO per annum, with which he had to main-
tain his daughter and himself, having no other source
of income whatever. He had, moreover, received a
couple of wounds in the South American service, one
of which, a gun-shot wound in one of his limbs, re-
quired occasional medical attendance, for which -in
the last year lie had to pay £l2. During all the
time that he served in South America he never se-
ceived one shilling; and whilst in North America,.
which was the route by which lie returned to-Eng-
land, hawas obliged to draw on London for his half-
pay to support himself; consequently he had no ar-,
rears of pay to receive on his arrival here. Messrs
Christy's debt was incurred for equipments when he
was embarking on his South American excursion.a--
Me bad a nlaito of from one to two hundred youndp
upon the Colombian Government, which he did oat
know would ever be of any benefit to him or not.
The CoUttr directed him to insert this claiM in Ws;
schedule; but gave .it as its .opiniou that 4s. 6d.: a;
day wos hardly sufficient to support •the imaleent,
arid his daughter; and therefore refused to take Mit
part of it frogs him.
SEC OND AR Y'S OFFICE.
111ZWLAND V. HUSSEY AND PAIfIISR.
Mr. C. Ptutxtes stated the case. The. plaintiff, he,
said. hadlaely been a' pauper, in the workhouse of
the pstrisli of illumstead, in- Kent. . The defendant,
Ilussey, was Overseer of that parish, and the:de-.
I:visaing-Palmer. was-the Keeper of the Parish Work,-
Nurse. The action was brought to recover a com-
pensation in damages for false imprisonment and in-
• juriesinfficted on the plaintiff by the defendants If
-
his instructions were true, which he- had no reason,
to doubt, the case was one of gross oppression on the.
part of the delendauts. The plaintiff,. who is now
• poet and old, had once seen better days. The de;
fendagt, Hussey, was a person of opulence. The:
. plaaintiff was in the 70th year of his age, and being
aislaieedtotbe necessity of receiving parish relief, was',
. - sairsoAnto the workhouse, and employed-With much.
.Toynger Men front seven o'clock in the morning till
' fist its the afternoon, in the winter, in
.the laboridus
_wroth of digging
gravel. One, day, in 'October, the!
plaintiff,
plaintiff, andhis companions in.apil,for want of know-
rte g the exact time in the evening, left off work at
half-past four instead of five. For this offence they ,