Star.
London, England, 1822-08-15 00:00:00

?fit I[ll4Gli. ffUlort.

_ .
This was an indictment against the driven"( a Bath'
coach, for assaulting and maltreating Wm. Sashy.t
Mr. Saxby, it appeared, was employed by Mr. Fre-
mont, the carrier of Bath, as a sort of inspector, too
prevent the irregular practices'of his -coachmen ; and
the defendant having some distaste either to the
officer or the office, took an opportunity of pulling
the former by the nose.
William Saaby, she prosecutor, wee the only wit-
ness called. He said that Hunt had twirled his hat
round upon_ his head, and thrust his knuckles into his
face until he -made his eyes water.
Mr. Serjeant !'ELL. said, that there was no disposi-
tion to press heavily against the defendant ; but that
the indictment was brought to.prevent other coach-
men from treating Mr. Saxby as a superfluous person.
Mr. C. F. WILLIAMS considered the case as a trum-
pery one. The prosecutor had lost a tear!
-Mr. Serjeant PELL—Yes ; and the defendant has
lost a verdict!
Mr. Justice RICHARDSON desired the Jury to find
a •erdict of Guilty. How the Court above would
look at the affair was another matter.

AUGUST as.

SPARKS AND OTHERS v. COOKE AND OTHERS.

This was an action to recover 611. being the
amount of two bills of exchange, under the following
circumstances :—The plaintiffs, Messrs. Sparks and
Co. are bankers at Crewkerne, in this county. On
the 22d of November, 1821, a Mr. Phelps, who acted
as country traveller to the defendants, called at the
counting-house of Messrs. Sparks, and desired to
have bills upon town in exchange for sixty-one
pounds' worth of local paper, that paper being notes
of the East Devon Bank at Honiton. Bills upon Lon-
don were given to Mr. Phelps, and the East Devon
notes were accepted by the plaintiffs. On the 24th
of November, however (two days after the transac-
tion), the East Devon Bank stopped payment; and
Messrs. Sparks, under a notice which was kept posted
in their counting-house, claimed reimbursement of
the 611. from Messrs. Cooke and Co. the defendants.

Mr. Gustavus Deacon, a clerk in the employ of
the plaintiffs, said, that when Mr. Phelps came into,
the counting-house, on the 22d of November, he
pointed to the notice, as the conditions on which only
local notes were taken. Mr. Phelps looked at the
notice as it was stuck up, and said " Very well."
Mr. Isaac Sparks, also a clerk in the plaintiff;
employ, said that he witnessed the transaction, as
described by the former witness.
The notice was in these terms..." All local notes
paid into this Bank will be received expressly at the
risk of the persons paying them in, provided they are
returned to such persons within •the term of three
weeks."

Mr. GASRLICE contended, as matter of law, that
the plaintiffs stood bound to present local notes forth-
with, and not to keep them until convenience might
serve. If the notes in question had been presented
at the East Devon Bank on the 23d of November,
or on the morning of the 24th, they would havebeen
paid. He would chew, however, as a matter of fact,
that Mr. Phelps Inver had any knowledge of the no=l
tice in question.
Mr. William Phelps was then called, and denied
that his attention had ever been called to the notice
by Mr. Deacon, or that he in any way knew of it.
Mr. Justice RICHARDSON left it to the Jury to say
whether Phelps had, or had not, been apprised of the
notice. Without the notice, and without due publi-
cation of it, the plaintiffs could have no right to re-
cover on the present occasion ; for notes which were
passable from hand to hand were returnable only
upon endorsement, or upon special undertaking. If
the notice had been duly published, however, there
was no negligence in the plaintiffs having omitted to
present the notes at the East Devon Bank immedi-
ately after receiving them ; they were not bound by
law to use any such degree of activity. In the sequel
the learned Judge left the case to the Jury, directing
them to find for the plaintiff or for the defendant, as
they did or did not believe that Mr. Phelps had been
apprised of the notice; The Jury found a verdict for
the plaintiff—Damages 1:61.