Star.
London, England, 1827-11-15 00:00:00

up until the money should be paid. Upon this the;
plaintiff brought his action for the- coach, and verdict
was given for the defendant.
. Mr. DENMAN had obtained a rule to shew cause why
the verdict should not be set aside ; and the Arronarr
GESBEAL, Mr. GORNET, Mr. RICKARDS, and Mr.
Calm. 'hewed cause against it, as the-defendant had
a right to retain the coach on the general lien, and also
on a special agreement ; and on the point of lien they
cited the cases of Whitehead v. Ball, Cooke's B. Laws,
8 Edward 576; end of Levi v. Barnard, 2 Moore, 42.
Judgment postponed.
MILERS v. anodes.
This was an action to recover compensation in
damages for a breach of contract. It was tried before
Lord Tenterdea during the late sittings at Westminster,
and a verdict found for the plaintiff. It appeared that
the defendant bad contracted with the plaintiff for the
weekly supply of 900 barrels of Roman cement, which
he boutid himself to continue to take for seven years,
under a penalty of three thousand pounds, which was
the amount of the damages assessed by the Jury.—
The plaintiff, on his part, was bound to provide ce-
ment of the best quality, and while he supplied the de
lendant he was not to supply any other person. From the
latter condition he vas released by the defendant some
*months after tbe dealings had began, in consequence of
a complaint made by the plaintiff that the• full quan-
tity of 'cement, according to the contract, was not taken
by the defendant. Some complaints were afterwards
unite as to-the quality of the cement, and the defend
ant finally refused to adhere to the contract on that ac-
count. It was proved that, though he was receiving
cement at the price of Is. sd. per bushel from the plain-
tiff, he preferred purchasing it at 2s. tend even 2s. 6d.
per bushel, as the former was unsaleable to his cus-
tomers. On a former day a rule bad• been obtained to
shew cease why the verdict should mat be set aside, on
the grohnd of excessive damages, nod a new 'trial'
granted. The Judge's notes of the evidence, which were
-eteeedingly long, having been read—
The Arroatur GENERAL showed cause against the
Rule. He contended that the defendant having, with-
out sufficient reason or notice, violated the contract,
the plaintiff was entitled is the full penalty which had.
been beforehand agreed upon between the parties. After
'the time when the defendant hid voluntarily released
the plaintiff from the condition -by which he was re-;
strained from supplying any ocher 'person with amens.,
there was no satisfactory evidence that he had supplied'
the defendant with a worse article, nor that the defend.
ant hid so complained of if, as is justify bim in with-,
drawing from the contract.
Mr. Campeau. was heard on the same side; and Mr.
MAIERTATT, Mr. Baoucutak, the COMMON SERGEANT,
and Mr. Cnarr in support of the Rule.
.. The Couar held, that the defendant had not so con-
ducted himself as to warrant him in setting aside the
contract. Considering the expences which the plaintiff
bad incurred in order to fulfil his part of it, be was
fully entitled to the whole amount of the penalty fixed by
the agreement.--The Rule, therefore, was refused.
COURT OF COMMON PLEAS, Wivivanaeriris,lievi
We regret to state, that there is it lreiastliftligaise,
that the Loai Cali/ jusrtce will be enabled to resume
judlciil labours daring this Term. His LOrdthip is
so much debilitated by his late attack of iffelivad, is to
be.entirely incapable of arty great exertion.
The Couav sat in bunco for a short time.tifir
'and disposed of many minor motions 'of no 'general
interest. At one o'clock, Mr. Justice GAUL= com-
inenced sitting at Aisi Prists, when the following, With
several other cases, was tried.

•
COLSON R. MALL, SCUDDER. AND STIIISANos
_Mr. possums opened the pleadings., Ibis as an
lotion assault arid fahe imprisonasest.
fen.lantspleaded the general issue.
Mr. Sergeant WILDS stated the case; The plaintiff
in this case was a 'respectable tradesman, carrying on
business in the Minories, and now appeared in court to
,nOmplain of the violent conduct of the defendants, some
of whom were peace-officers. The plaintiff, with se-
yeral other tradesmen in the same neighbourhood. were
tr. the habit of occasionally going to a public-house
near Welklose-sqUare, where they spent the evening
in a, social manner. On the 2+d of May, 18%, they
)lad wigs as they were usually is the habit of doing, and
lfad ;spent the evening With, great conviviality. Soon
After 9 oTeliock, however' two of the defendants came
in, and after having brbaved in a,very insolent manner,.
,one rf tLem,named Hall, said be would clear the room;
And on being remonstrated*Withby Colson, he took him
into custody, and conve4e4l him to the watehhonse,
locking him up in the and refusing to take any
1161 whatever, althOugh ,many persons appeared who
Wished to bail him, and indeed offered so mnch as SOL
and 1001 for that purpose. These offers were, how-
..
IT, rejected, the defendants being determined to keep
;is in his miserable abode, the receptacle of vice and
dfliOcy, for the whole of the night. These were the
facts cirthe case,and itieleadned Sergeant thought that
- wbeti the jury had heard theitproned pridence, they
ir'ar!cf consider it' was a case calling for no trifling da-

usages.
James florsey.--In May, lilts I Was in company
'with the 'plair.tiff at the llack Ilene Wilh-Street, Well.
cbse givare, and saw two flowiefeediets there. It
Was aboUt nine o'clock in Use Wrehing. The landlady
told them put to. alma./ the comiressy.. Hall afterwards
\seat oet, and'elnie ro lietsieeistl and 14 o'clock, say-
rig he vsotsiti clear.* iOOl3. CONN) s4i4, it was very
lAl,l.ZewolewianlN 401 e. such a manner. Hall said,
?' Who are, your"- .slid
seollaied hint. sming, " You
first.'Coliiiiisiti4"Let me first finish my glass
of gtng. t4eip I will go. Hall called on another
offs et, named Pietro, turbo was in the markt() aid and
.11114 c,t, said, 'ls Let him effine, he has

, • ,
Pue-nclouliti/O4 p. Wahines with him
",He .bt+ahines him:'
seedi , 41 go to, the watchhoose." and toot bir

rot go to, toe
qut, tioldiag"hiioli, the Collar! and. dravitos Aim in a
foicible gamier. , In sloth gee or tau uonotes I went
'iiitChhouie, and 'Niers Colson tbrough a
'gririokio.„t' he cell.. got into the er'iitehlinOis'
kutteXoMetricig Tin the constable cf the night?, Hej
kit* nailing about it. Ilthen iitshed erhati
it-m. 144 "nisi. against the '
plaintiff, and °feted toi
befoltebli or J?tht. He h a greengrocer. near Pim
7114i.nott#:. "Tl.'dafendant_itall said Ise I%ooldnot take
opreiaa *si
usd he lwould not take
ii refs d. 'Seveial7.
Pieion,eitme noI
Ad have cOlson out ; a
had 4iss 'aditan!'age. and'
.1 Wen' calf ned 'Amu I
—Auk the AnyaltyTheArtei
clots to the house ; the name:
ricton was a heistiboroughi
The defendant Stirling is

the evidence of the jam
be suiid,he did not see
Ilia face of Hall pre.

VAiiiloatlicrToo-7-7t;;;tieCtAß,
tik4v
ctiittit*.tritA me,, NVlteo_l lan.
,o pied fe dtposit. W. but ,i
.iirsOli Olfeicsi to beeoisse 1
' Ossatcltiu'se,'tild ,iii,dhe•iimi
die' etistaid,iii it'llio rieteitt ha
he did get Colson'entir lie bad
dr !ltirWts°f 'ilic** .
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yks,olorctitistiterc is cjoilt ts
srThe sti ,in Is rsser. rictot
'cifitiff TO*Or Hamlets. The c
s< `e aelid.
• ii`agif.o44l#.lliVati*O .d"
Virrtii, lib ..ftiosaikitisisiailtiot J
the pi'afft?iff iiiirlialleis6l4l filo