Star.
London, England, 1804-11-09 00:00:00

babe
Waterford

•
FROM LLOYD'S LIST.
Oltawtsettn, Nov. 8 —Paffed by the Adventure, Simcock,
from Norway; Nile, Cream, from Memel; Maria Dorothia,
Beyland, from Longfound ; and the Jonge Ankln, Oce7y, from
Harlingen. Salted the Concord, Dowding, for Africa; Heeler.
Grath, for Dublin ; Jorge prow Anra, ----, for Tot:minim;
iris, Kemp; Grote Will, Klinken; and the Twe Ochroders,
Cordite', for Embden.

*ILLIAMS O.
TLS Plaintiff is Keeper of the Angel Inn, in the
stt4d; the Defendant a gentleman, who, with his
'if?, had been a gueft at the Paid inn, and contrad-
ed Rbill, to the amount of 291. for which the Plain
tiff Commenced his aftiun, and the Defendant plead.
ed his minority, and that many of the articles had
were nut necelfaries confident with his fituation in

life.
Mr. Serjeant VAUGHAN moved the Court to poll-
pone the trial till the next fittings at NO Priv:, on
account of the alsfenee of Mr. Carpenter, an Attor-
ney, a principal evidence, now in' Cornwall.
Mr. Serjeant Bess. faid, this was the fecond propo-
fition for putting off this trial upon frivolous pre-
tences ; and that it did not now appear to the Court,
that any endeavour had been made onihe part of the
Defendant, to bring Mr. Carpenter before the Court
by fuhpcena.
Mr. Vauou AM replied, that Mr. Carpenters ordi-
nary
refidence being in London, it was expelled as
of comic, that he would be in town the firft day of
term ; nor was his ahfence at Co great a diftance
known, until the Mellinger went to his houfe to leave
the fubpcena.
The Court was pleated to grant the motion. but
with an allowance of this day's full coils to the
Plaintiff.
ILAILTON AND RANKIN w. HODSON.
Mr. Serjeant SIIIIPHERD moved the Court for a
Role, with intent to fet slide a verdict in this cafe.
The falls were, that Mr. Dodfon had been Clef k to
Mar.. Smith, Lindley, and Co. He afterwards en-
tered into the export trade. A confiderable quantity
of bale goods were had from the Plaintiffs by Meas.
Smith and Co, and afterwards they came into the
hands of Mr. Hosifon, who exported them in his own
name, as would be ken by a reference to the different
invoices. A great many of the articles were calen-
dei ed, glazed, or printed, after they left the hands of
the plaintiffs, before they were (hipped off for exports
tint,. The bottle of Smith and Co. afterwards failed.l
and an sgbon was brought to recover payrneat from
Mr. Hodfins. The quethon therefore was, whether
the goods were not aaually fold by !taken and Ran-
kin to Smith. and Co. Etnd whether it
right not to them
alone that the plaintiffs had a legal gto look for
payment ?
the Court was of opinion, that Smith and Co.
whatever they might be in other relpeds, were, with
regard to Mr. Hodfon, no more thin his brokers, and
no doubt they received a cernmillion for fo doing, as
tradefrnen ufually do in fuch cafes. A faflor un
queltionably might be made liable at law, but his
principal was alfo refufed.• •

THE 1110 C O.II6IINiT.
The Dlendant having anfwered all peabi objelt
ed to in his conduit to the fatisfadion of the Mader, ,
he was difeliarged.
The Rule againtt James Barber, calling on him ter
anfwer matters of an affidavit, imputing tnifeondudl
with refpeft to bail, was made abfolute.
Avis v. tOND YIN/WAD AND OTHAIf.
Mr. Scr cant Cocatr.t. moved to fet afide the sir-
did in this cafe. The adios was brought (Won ri
policy of a Lifelnfurance, and a verdiB found for the
Defendants. The quettiun before the Court was upon
the Rate of health of the Lady mentioned in the py
licy. at the time of making the influence, which wee
in the year 1802, and the died five months after:
On the part of the Plaintiff, a fury= was pro-
duced on the trial I,clow, who Rated; that he had
felt the Lady" pulfe, and carefully examined thp
Rate of her health, at the time of making the infu-
rance. She was a woman of about as years of age,
in as (hong and good a Rate of health as any woman
in England. Several witneffei were alfo called to
this COI.
On the part of the Defendants, a Medical Gently
man, an Apothecary, was produced : bt hated, that
the flugeon was in a great mifiake relative to the
Lady's health ; the was very partial to the braedy-
bottle, and was in a continual Rate of inebriety.
Another Medical Gentleman was alto examined,
who Rated. that, on the 53th of November, be wait-
ed on the Lady, and found that her flotnal was nes
ther in a bad hate, arifing from an immoderate rife
of fpirituous liquors, which frequently ea ufed a weak-
nets and debility in the ftomach ; he again fair her
on the.aoth, and the was almott recovered. On uhf
wth of January, he found her perfectly reflored to
health, in the fame way as any young perfon of a
good conftitution might be, under fundar cireuttei
fiances.
He was then allied, whether it was probable the
would go off, as all perfons in that habit did, was the
to continue drinking brandy, as the had done ? to
which he replied. that a good conaitution will bear
up again(! Inch for a long time. •
The Learned Judge who prefided, left it to the
jnry to enquire, whether the was healthy at the time
of making the infurance ? obferving, that if the con-
tinued the bad habit the had cow/ailed, the was nog
a filbjed for a policy of infurance.
Upon this, the Jury found a Verdih for the De-
fendant.
Lord Ext.smananucw.—" The warranty was on
the phyfical cnnftitution, and not on the moral ha-
bits of this Lady. Take a Rule to thew cattle."
. SHIM AND OttIERS.
Mr. Pals Moved to fet afide the verdict is this.
eaufe. Ir was an adion on the cafe for the creftion
of a nuifance, and diverting a water.courfe, and was
tried before Mr. Jake GaatsAM, at the late Affixes
for Laneafhire.
In the ar 5724, the Defendant had a pofition
nit
the river Derwent, which pofition was higher chats
that of the Plaintiff. No mills were beat upon this
part of the river until about 57 years ago. In con-
fequence of a great Ruth in the river, and the weir
being out of repair, it was carried away, aid, in the
year 5768. a new one erected fomewhat higher up the
river, which croffed it entirely, and, in dry feafons,
the Defendant was accullomed to take the whole of
the river. In the year *7BB, the Plaintiff came to
that neighbourhood. and crated a new weir, and
appeared perfedly fatisfied to take whatever water
the Defendant could (pare him, and ufed frequently
to fend to him to know when it would be convenient
for him to let the water down; but, fince that time,
the Plaintiff has increafed his works froin eight to 3$
wheels, and this was the real canfe of salon. The
learned Judge who tried die caufe, told the Jury to
find a redid for the Plaintiff, as the whole matter
turned on a quellion of law; upon which the verdi&
was accordingly found for the Plaintiff. Mr. Pass,
however, contended, that there were fuflicient fads
for the Jury to try ; the Defendant had the prior roc-
copancy, and certainly had done nothing to lay a
foundation for fuch an adios.
Lord ELL/Nnoitotrait—"to think there an
nulateea hve
been a queftion for the Jury try. Take
thew caufe."

LAWRENCE O. EIDIZOTTORE.
Mr. Serjeant Gooey st. applied for a Kole to Sew
cattle why a new trial fhonld not be granted i
fn this
cafe. The aelion was brought on a pouey o infu-
ranee made by the Defendant on a (hip and cargo
from Liverpool to the Coaft of Africa, and from
thence to the Weft Indies, and came to be tried be-
fore Mr. Baron Graham, at the laft Lancalbire AC.
Gies. Liberty was given by the policy for the veffel
in gnellsort to chafe, capttre, and man. She arrived
Cafe on the Coaft of Africa, and falling in with a
French (hip, chafed, captured, and carried her to the
Well Indies along with her having previcrelly com-
pleted her cargo. The prize not being fo good aL
sailer as the valet jointed, it was proved that the in-
fined had lain to for her often, for three and fie
hours at a time, and had proceeded in this manner
for more than a fortnight, when Die foundered at fea.
The Learned Serjeant maintained on the nial. that
in proceeding as the had done, the infired had
been guilty of • deviation t for though allowed to
chafe, capture, and man, the was not at liberty to
take under convoy, and in that manner to impede
her voyage. Even the lying-to for a Otort petiod, he
conceived, would have bete a deviation t but it
could never have been in the view of parties that be
was to take any relicts (he might capture under her
convoy, thereby protrafting the endurance of bar
own voyage to any indefinite period.
Judge Lawa aac a enquired if there was no warra¢
ty as us the number of the crew and
Lord Essavioaouoit remarked. that being at li-
berty to man, the infured might have Dripped herfelf
of her bands, vslakh might have necelEtated her to
remaitl in company with the prize.
Mr.Serjeant Cot Kr Ls faid. there was no warranty
as to the amount of the erew,nor had any deficiency
of hands been alledged.---Role granted.
There were other two cafes in a ti.nilat fituatiem ;
and it was Dated that another objeaion had been
laved by the Judge
who tried the cafes; namely,
the (hip and cargo having been injured greatly under
their value, and the proprietors having become fo
far their nwn under writers, Whsther the lois ought to
be averaged uron the lblp and cargo. iMntly,' as the
I ,efendant alledged ; or on the cargo • Alone, as the
Plaintiff contended ; the (hip havi:ig been feparateky
infured by the Defendant at Good.[
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