Star.
London, England, 1827-12-11 00:00:00

them went* air Attorney who had ;scarab, prrvciss,
.tod, rimming in Metalling. less than.hall an hour,
charged the plain 4 • Fl'ir the difendants,if wiii iota- •
:ended that the eace was entirely void of any aggra-
vated cumstance4. The defendants hAd good reason
rn •u,:ntise that the pl4iniiff ss as the Mao they 'wanted
when they found th 4: h.• had opened the le. ter addressed
o Under a'l the circunisrances„it was insisted
th .1 it war, a case call.ng for n,,minal damages only, or
,f any, at any rate for a very sm4ll amount.
Mr. Justice GAUL', said, that if u e Jury tbotpAkt.
the de;eridants had not exercised that due cau4oir, or'
made those inquiries that they were Mood u. du, pm-
vious to the arrest of any individual, they woofs' an.
doubt. dly have to answer for the consequences In the
present case, althouer they had acted ertorreously,slmy,
did not Pinter to have acted uncivilly, or to have 4
'liked the flaint:ll in custody when they were mewed
that be war not the per on they wanted. It thket.efole
ippeared to him that the case was-one calling for saran
damages only, though certainly for more than mere
nominal damages.
Tt e July Immedi ;rely returned a verdict for the
plaintiff—DiMages 101.

>sl

HEDGER V. HORTON. -..
i r7l!
Mr. CR,WDER opened the pleadings. This was an
action en a bill of exchange fur MI. drawn by a per- •
son of the name of Hansell, accepted by the defendant,
and endorsed over to the plaintiff. The defendant
pleaded the general issue.
Mr. Sergeant ADAMS said that his Learned Friend
had, in tact, stated the care; he had only is add, that
he believed the defendant intended to.disptite die coo-
AderatiOn of the, bill. If that were the case, he should
be in a condition to prove that value had been given by
'a Check drawn on the plaintiff's banker. At preseit,
he should only prove the handsel i:ing of the parties.
, • Witnesses were then called, who proved the hands
writing of-the plaintiff ;ad the defendant, and also that
of the drawer of the bill,
' Mr. Sergeant WILDE, for the defendant, said that the
:circumstances under which this bill had been obtained
were such as he thought would exempt the defendant
from liability upon it. His client was a tailor, and had
supplied a young Gentleman holding a commission in
the army with clothes to a considerable amount. When
in 'town, this young Offic r henerally resided at Long's
Hotel, in Bond-street, and having, as most Gentlemen
of his profession usually had when they were not ac-
wally engaged in service, much spare time on his bands,
he had not unfrequen.ly found it difficult to know bow to
pass aw ay the da i . From this perplexity he was rescued by
a person named Mosesilansell,who,in order to relievehien
from the ennui which appeared to oppress him, occaeiop-
ally tossed up for various sums of money, and also, With
mach kindness and consideration, supplied him with .
handsome and expensive dressing-case, and a tiariety4
lady's trinkets, 'without having received any order;
and, _unfortunately, the youth was unwise enough to
retain them. For these trinkets and losses at tossing up, ,
the worthy Mr. Hansell claimed a sum of very nearly
1001. Ti:. circumstances under which the.. bill: ma
question was drawn were these:—As Hansel' was One
morning on his way to call on his young friend, he
met the defendant, who was also going to seek pay-
ment of the demand he had on the young man. H,nsell
was soon shark enough to extract from him what was
the nature of his business, and then said that he also
was a creditor; and a'ter si-me further conversation he
proposed that the defendant shi uld get a bill from the
young gentleman for the amount of their joint claim,
which he was to retain, giving Harwell his acceptance
fee the amount of his claim. Having bras assured that
the young man was perfectly responsible, the defendant .
at length conses,ted, and a bill was drawn teethe iraint
debt, which Hansell got accepted, and 'gave to the
defendant, who then gave him his acceptance for the'
amount of his claim. In the eourae of a few days,
however, ihe defendant learned what was "the Use
nature of the transaction, and he repaired, without loss
of time, to the voting Gentle Man, and re.tiruel to bias
the joint bill; tied :tins that he would hate nothinicto
do with the matter.. From thence le proceeded to .
Hansen, and offered to repay him•the s9l.esstli, vhiih
he advanced in consequence of their agreement, at the
same time requiring that the bill he had given
should be returned to him. This, however, Hansell
refused to do ; but happening so produce it, ;bp
defendant made a vain effort to regain it by until.
ing at it. A SCLEII! ensu-d, and the bill got torts
in half, the defendant being unable to get i. Its
consequence of this transaction, the parties me. at
Bow-street, wherienough transpired to make Hansell
think it prudent to get rid of the bill, and he handed it
over to the plaintiff, who now sued upon it. 'The de:.
Pendant was placed in great difficulty to d.y to prove
this transaction, for the young (Mite r was abroad. and
the only witness he could Call was Hansell himself,
which the jury most alloie was a !cry forlorn hope': He
should, howevcr, place him its the b a and frormehat .
might be eztricted froin him be thought I.e shot:dribs
able t ) prove that theplaintiffin, this case.havieggiyen
no cmsideration for the bell, could. not inairthres. ap
• ...
action upon it.
Moses Hansell— I live in the,-Ftdhatmrrad, -end am
the drawer of this bill. The defendant an i I ::ad never
any dealings in business before. Ikinw a Li moment
Best, and I firs met him some five or sic month s ago at
Hounslow. I had not met him at Long's Haul Shortly
before the bill was drawn.' I first met the def. ndant is
the street near Lieutenant Best's lodgings, ag •it st whOm
I had a claim of 97/. tha. was neither for a toss up,tfor)i
toss down. My claim was not tot money 1 nt • t MA'
..
up,' but for money lent. • and goods sold; 5t4 is .
for money lent, being the amount of two checks of
251. each, returned unpaid. I had lent him 1001.. -:-
upon receiving tour checks of 251. erch,• . tillable
0, e month after each other : two tit these were tun:
paid. He was pretty well my blend. I lent lim a
part of the m ney while be was at. Brighton. tl lent
him 501. while he was there, aid sent it him either 'in' •
notes or sovereigns. I will swear that I lent him that
sum ; I stint it by post. There is no doubt but that it
must have been in notes ; sovereigns could not have gque
by the post. lam not prepared. With the account, and
therefore cannot say how or in what he hadit, except'
that it went by letter. I cannot say positively whether
it was in noes or sovereigns. I had no notice to pia.
duce my accounts wi h Lieutenant Best. (The notice'
served on' the witnets was then read, but ft did
not require the production of the accounts betweeis
him and the Lieutenant). The whole of the Mew,
was advanced to the defendant while 'he VW. at
Brighton, part by letter, and part I deliverecrpes-
lostally to him- in the barrack-. No' one was low7e.
OM at the time. Lieutenant 'Best was I- resent slim,
that bill was given ; it was in tbe parlour Of hie
hee'S house in VI 1 _.l.4pr..alleet. this is the bill: .
' 'hen I received it I gave up tse o checks fo, 251.-eaelif .1
[ot
received the other two checks for I, ant advarwed et
Brighton. At the time I drew that bill Lien's:. n Beg '
nWed me 601. for caskadvanced,• and 1 had 6 het ; ...
minds on him for goods sold, a gold
and two sets of Lady's .ornamer ts. I
for his approval, and be retained them.

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