Star.
London, England, 1818-08-31 00:00:00

‘.
i ri
rl. i
. s 1
LANCAIIIRZ ASSIZES. _ i ~I 1
- . 4
LITTLEDALE V. THOMAS.
il , h
The question in this C.tie respected the liability of
an underwriter to pay the sum insured for in a ves-
sel trading betweet America and the West Indies, li y,
"
,I
/1 and carrying horses on deck without informing the •$ ,
1
underwriter. The ship Lancaster, Captain Cook, i
from Norfolk to Grenada, was upset by a white squall
on the 3d of October, 1817. The crew got upon her ilitti /
bottom, and remained there for three days and four
nights, when they were rescued by another vessel.
eii Ili
There had been four horses in a shed on deck, and
the plea for the defendant was, that the shed exposed
1
the vessel to danger, and that since this source of i
danger had not been communicated, he was not lia- I
ble. Several witnesses proved that it was the in.
variable usage to carry live stock, horses, mules, and I
sheep on deck, in the American trade, without dan-
ger,
and without information to the underwriter.
Verdict for the plaintiff—Damage; £lOO. ,
BREACH OF PROMISE OF MARRIAGE
SETTLE V. CRUMBLEIIOI.NIE. e :
Mr. FELL stated the action to be brought by Sarah I '
Settle against John Crumbleholme, for having vio- ii 'I i i 4
lated his promise of marriage to her by marrying
another woman. He pleaded that he had made no 1
such promise, and thereupon issue was joined. •
James Tatham examined—My place of residence t 4
is Button. lam uncle to the plaintiff, Miss Settle ; i
I have known her from her childhood; she resides , i , ,
with her mother ; I am acquainted with the defen-
dant, he resides half a mile from my niece's residence ; $
an intimacy has subsisted between them for six or
seven years ; the families are also intimately ac- i
i
quainted ; she has been in the habit of visiting his I
house and he her's ; he resides with. his father on the
same farm ; I have seen them many times together ; i
the defendant was received in my niece's family as c
suitor to my, niece ; his attentions were received as t
honourable addresses ; they expected marriage; there i
was no disapprobation on the part of his rather. I
met defendant on the 29th of November last ; a con- k '
versation then took place about my niece ; he asked 4'
•
.I
me if I would stand father, and give her away. I I
told him I would, but I wished to know who she was. ,I
He said, Sally Settle: and I said, with all my heart. 1
About five or six minutes after that he got up, and
said I am sorry you have disappointed me from going '
to see my wife ; he then went away ; he said I
had kept him too long. I remember his being put in
possession of his estate; from his uncle he got half the
estates, together with house, goods, and stock, and ,
-his father and he then lived upon it. I think it is .1
1
worth between 1:500 and 1.400 a year. If it was sold, $ . ' I
1., think it would be for 1.:18,000 or £20,000, inde- \
pendent of the stock. I think the stock would be
worth £BOO. The defendant is married; he married 1
since November. The defendant offered to lend me 7 ,
£3OOO the night he had been at my house. My niece I
was delivered of a child a month before Whitsuntide ; '• t '
I saw defendant after that at my house i he came and'
told me that he would not have her. I asked him if •' /
he had got any thing to lay to her charge? He said ••
k
he had not, and he should be very much affronted if
any body else said any thing against her. I have
known my niece from her infancy, and up to the
tima.of this unfortunate connection, I never he6sel
of any thing improper of her : I have known of no `.O i 1
other suitor ; her character has been unimpeached. 4. It
Mrs. Elizabeth Tatham, wife of the preceding w :t- I 1
ness, deposed to nearly the same circumstances. ' i
1 Robert Howson said he was an fun-keeper at Bur-
ton ; he had known the defendant ever since he came '
to his estate at Longboum ; I remember his being at I •
my huuse, when he was playing at cards with my
wile : there was a bustle at that time, Mr. Brougham
1 having just come to Kirby Lcnsdale ; when Crumble-
11
holme first came in, he said," how do you do ?" and
i he said to my wife, " you beat me at car.ls the other
I night, but I will play you again," which he did ; when `i_
,
they had done playing cards, my wife went out, and I 1!
I I turned to him and said, " Mr. Crumbleholme, what
r is to do, you seem to be full of trouble ?" He said, I
- have a letter from Mr. Dewhurst, and I must go and
settle about Miss Settle. I said, can't you marry her ? I 1
a and he said no. I said, what money are they asking? ; '
t he said, E. 500 ; I said that is a great deal ; he said,
yes it is, for what is done ! He said over again, he 1
( 4
, .
g must go to settle it with Mr. Dewhurst, at Lancaster.
e The witness said L',500 was little enough, considering It
the character of the girl ; he said he would not give
Lt her so much, for he would make his property away.
L. I asked how he would do that? he said he would
make it over to his sister. I said you will presently
be at Nell Redman's, that is the poor house ; I said,
It
d perhaps there will be a wedding at your father's and
li
then you will be flung again; he said, " I will make
ieaway my property and go to America, and then I 0
shall be out of the gait of them." 1 said, " how have i)
afr' you come about this Miss Settle; when I was young,
I could never come about them till I promised some-
thing ?" he said, " I promised her marriage, but I
'n hope you will not telL" I said, " they will come for
to half your estate in spite of your teeth." He called at
n" my house afterwards on the Ist of June, and he said,
Le
a- " Robert, I hope you will not tell what you and I
1$ talked about the other time." , •
at Mr. Wallace.—! am uncle by marriage to the
I -'
tl,l plaintiff : I have been intimately acquainted with her
'a. and her family about nine years. I am also ac-
,
de quainted with the defendant's family ; the two fami-
'
lies have been very intimately acquainted ; a great - i
he intimacy also subsisted between the plaintiff and the
it. defendant's sister. Defendant himself was received
in as a suitor to Miss Settle ; his attentions were known
to and approved of by both families ; the character
of the plaintiff has been always very respectable ; it
at, has never been impeached. lam acquainted with 1
-n- the estate upon which the defendant and his father f O.
es, live ; there are 182 acres ; the whole of the estate is
ail worth £22,000. I suppose my niece's fortune is worth 1
nit about £BOO.
ice Several witnesses deposed to the character of the
les
plaintiff. 1
ied Mr. TOPPING) then addressed the Jury. He admit- iI
Id- ted the promise of marriage, and pleaded in extenua-
Per tion of damages.
and The Learned Judge recapitulated the evidence ;
ket
and the Jury, after a short consultation, retursied a
i
the verdict of Seven Hundred Pounds Damages.
gn. HAYES AND ANOTHER V. JARDINS. . S
Per Mr. ScAttLerr stated this case to the Jury. Hayes,
' 44' Bonney, and Brotherton, had been partners, and thi
101 action was brought to recover money paid on their
per
4. account to the defendant, who acted as their agent.
~`
4 0
. , . .
_