Star.
London, England, 1807-11-12 00:00:00

DONOVAN V. DUFF.

1 The Plaintiff is affignee to Kennett, under the laff
Infolvent Aft ; and the Defendant was affignee to
the fame perfon, under a commiffiun of bankruptcy.
This action was brought in order to recover from the
Defendant various flints of money, which he had re-
ceived in his official capacity. The mode by whic,)
this was attempted, was by proving a former aft of
bankruptcy, and a valid petitioning creditor's debt ;
in order to fet afide the cororniffron under which the
Defendant was appointed.
Mr. MAR RV AT, far the Plaintiff, argued in favour
of a new trial. that, furpofing the commitfion were
fet afide, the Plaintiff Donovan would be entitled to
retain the lumpf money the Defendant had received
under a commiffion which was invalid ; and conten-
ded, that although Kennet had not objected to the
.bankruptcy, under which Duff ailed as affignee, yet
1 that he was !till at liberty to tender it nugatory.
Mr. Juaice LAWRENCE.--"' This doetrine would'
enable a bankrupt to invalidate any commiffion. It
' would be putting art Afignee in a dreadful fituation,
lif he were to be turned round in this way by the
bankrupt undertaking to prove fume fecret aft of
bankruptcy, and latent petitioning creditor's debt.—
It watild be a new thing if the man, who for a long
time acquieced in his cornmitfion, were to fet it a fide
at any future period."
Lord ELLENBCROUGH.--‘4 It is firongly impreffed
upon my memory that it was laid down by Lord
Loughborough, that a bankrupt who fubmitted
could not come again, after, a lapfe of two rr three
year., to defeat that very commiffion. You had
better get a new commiffion from the Great Seal,
and obtain a certificate."

Mr: Jullice LawßENca.—" If this were the cafe,
it would be a receipt to bankrupts to get certificates,
where a man, by proving a prior a6l of bankruptcy,
could obtain a certificate which former agates de-
nied."—Rule refuted.

COURT or COMMON FLPAs. NOV. zo.
GMAT V. MAWMAN.

Mr. Serjeant VAUGHAN moved for a new trial in
this cafe, and that the Judgment fht.uld be entered
for the whole turn found by the Jury. It was an
action brought by the plaintiff, a hinter, whole pre-
miles were lall year confirmed by fire, against the
defendant, an eminent Boafelkr, for the expence
of printing, together wi.h other works, a large edi-
tion of the "Travels of Anacharfis the Younger,"
which was almolt entirely cunfumed in the fire.—
The demand of the plaintiff WAN admitted to be in
Welt* fair and reafonable
.; but the defendant alledged
againfi it, that paper to a confiderable amount, fur•
nifhed by him for the work, had been deffroyed by
the negligence of the plaintiff in not infuring it, and
that the expence of the printing ought not to be paid
by him, as the work had never been delivered. The
Jury, upon the ttial, found a verdi& for the whole
demand, 18181. except the value of the paper, and
the abfolitte expence of the printing. This exception
reduced the amount to 451. tos. The Learned
Serjeant, on the part of the plaintiff, objected to this
verdict, btcaufe be conceived the Jury had no right
,in law to make the tet-off on account of the paper
deflroyed, which ought to have been the ful-jet of
another affirm. This was a point, however, which
Iwould not be dilputed with him. As to the price of
printing, he had confiderable doubts whether they
I bad a right to make that exception. There had been
no negligence in Mr. Gillet ; the cnntraa had been
by the theft. and Mr. Mawman ought to have fent
for the (fleets looner. There was no necafion for de-
laying till the entire work was finifhed. He con-
ceived, that by the cultom of the trade, Mr. Gillet
was entitled to be paid for his labour in executing his
co:strati, although the fruits of it were loft in the
flames. Conceiiing the nfage of the trade to be that
way, he though the verdid in that refpedt was againft
1 the law.

The LORD CHIEF JUSTICE (before whom the tattle
was tried) faid; he had the firma perfualine that
what he told the Jury was, that when the matter was
1011, upon which the work had been done, the gene-
ral rule of law was, that the work could not be
charged for ; but that if there was any particular cur_
torn in this trade to the contrary, they fhould find fo.
Mr. Seijeant VAUGHAN did not conceive that his
Lordfhip had put it to the Jury in that manner, but
that he had merely laid de wn the general rule of law,
and that the Jury had found under that diredltion,
without alluding to the particular cuflom of the trade.
The Cour JUSTICE (aid, that from what he re-
collefted of the evidence, it was neatly all of one
fide, and he thought no unprejudiced Jury could,
upon that evidence, avoid finding as they had done
with refpe& to the expence of printing. He Wifhed,
however, to look again at his notes of the trial.—
Rule to thew caufe granted'.
About one o'clock the Court broke up, and the
LORD CHIEF JUSTICE fat to hear nifi prim: tattles.