Star.
London, England, 1803-01-22 00:00:00

JOHNSTON O. SMIDDOII.

This quenion, which is of very great importance
to the commercial world, and on which there has
been a difference of opinion, not only among the
molt eminent Merchants in the City, but alb in
the Court of King's Bench, though the majority
of their Lordfhips were in favour of the Under-
writers, is now to come before the Court of King's
Bench, in the fhape of a Special Verdilt. It re•
lates to the mode of calculating an average lofs, in
the cafe of a policy of infurance. The quaion is,
whether the calculation ought to be made on the
relative value of the grofs proceeds of damaged
and undamaged, or on the net proceeds

WINSCOM V. DIMPDALI MID CO.
The eircumflances of this cafe, according to
Mr. Erfkine's opening, were fkortly there :—This
action was brought by Mr. Henry Winfcom, who
is a wool-flapler, at Wincheiler, againfl the De-
fendants, who are eminent Bankers ; and the
foundation of the altion was this—that be had
received from the Defendants a charaaer of the
regularity of the accounts of a perfon of the name
of-Crack, who kept his cans at their Banking-
haute. and who dealt with the Plaintiff for wool.
There Gentlemen, on an application being made
to them on the part of the Plaintiff, with regard
to the charts/ter of that perfon, Rated that his u-
nseat with them was regular, and on the founds-
'lien of that reprefentetion, the Plaintiff repofed a
trait and credit in him, by which he became a

toter, and which he would not have done but for
that reprefentation. The principle of this atti n,
which he faid he did not w•ifh at any time to puff;
beyond its fair and genuine linii.s, was this—if a
perfon was applied to, relpeding the credit and
fituation of a man, about to have credit ofanothe-,
he might, or might not, at his own difiretion, tell
what he knew on the fubjett; but if he took nn
hinifclf to I-efferent that which was not the bet
within his non knowledge, and the party thereby
lullained a lots, he was anfwerable in an aftion, to
die amount of the damages fn fu(lained ; for ha
was ready to admit (othcrwife it would be attended
with the greateft inconvenience) that the proof
fhonld be extremely clear and explicit, that theie
might be no colour or varnilli, and that his
Lordthip and the Gentlemen of the Jury might
fee what the Plaintiff infifted on. He fhould hate
neither more nor lets than the circumftances Of
the cafe, that his Lordlhip might fay whether, on
his flatement, this atlion could be maintained
Mr. liVinfcom was applied to by a perfon of the
name of Crack, who reprefented himfelf as being
in partnerfhip with a Mr. Simons, who refided in
Kent, and who was a dealer in wool. The Plain.

tiff agreed to fell him forty packs of wool, which
amounted to 8701. which was to be paid for by a
bill drawn on Simons and Crack, at two months,
for 4001. and, as they lived out of London, but
kept their money at the Defendants' (hop, in
Cornhiil, they made it payable there ; and it was
alto agreed, that a farther INII (hould be drawn
for the remaining 4701. on the delivery of the
wool, which was to take place in the courfe of a
fortnight. The eoatrad at that time was com-
plete ; that Crack was to accept a bill in his own
name, and in that of Simons, for 4001. for the
wool, which was to be delivered on a farther bill
being given for the other 4701. Accordingly the
bilk of exchange were drawn, and he admitted that
the contract was certainly entire and complete
before any reprefentation was made to the De-
fendants on the fulled. The Plaintiff Rood to
Crack in the relation he should (late. By the law
of England, after a contrail of fele was entire
and complete, if the buyer, before delivery, be-
came infolvent, and was not able to pay for the
goods, the feller might retain them, or if he had
parted with the poffeffion of them, he might Rop
them i 4 tramp's, before they reached the purchafer.
If it turned out, before the completion of the
contrad, by delivery, that the buyer was unable
to perform his part of the contra& the law ab-
folvtd the feller from performing his. Although,
therefore, before the Plaintiff had a reprefentation
of the character and fituation of Crack, he had
entered into a contra& and had drawn a bill,
which they had accepted,and although he was bound
to make delivery in a fortnight afterwards, they
accepting another bill for the remainder of the
confideratinn, was 4701. fubfequent to that
the Plaintiff made enquiry how Crack Rood with
his Bankers ; and, if he had had a faithful
fentation of what his fituation with his Ist=
then was, the Plaintiff would not have gone OM
to make delivery of the wool. The Mindlf de.
fired Mars. Vincent and Bayley, who were his
friends, to apply to the Defendants, to knew the
fituation of Simons and Crack. Thefe Gentlemen
wrote to the houfe of Dimfdale and Co.inelofins
the bill accepted by Simons and Crack, and re.
quetting to know if they thought it would be paid
when it became doe. The Defendants returned
it with this anfwer—is We (the Defendants) bes
to obferve, that we cannot pofitively fay that it
will be honoured, although we have no reafon to
doubt provifion will be made for it. They are
young men who have lately opened an account
with us, and their tranfaitions in battles have hi-
therto been very regular. But we are not In the
Icaß acquainted with their property." The lett
fentence of this letter excited a (mile in the Court
and Jury. The Learned Connfel olsferved, that
as the complaint he then made on the part of the
Plaintiff, was againß perfons of rank and charac-
ter in the commercial world, it was neceffary not
to over-Rep the cafe, but to Rate the faas of it
correaly as they were, and to call the attention of
the Noble and Learned Judge to the tranfa&ion.
What the Plaintiff complained of was this, and on
that he walled to take his, Lordfitip's opinion.—
The Defendants Rated, that " Simons and Crack
were young men, that they had lately opened an
account with them, pnd that their tranfaaions in
bufinefs had been very regular." He undertood
he could impeach that ddeription of their account,
that he could thew it had been over-drawn, and
that it was not entitled to the charader of regula-
rity. How far he thould be able to thew that the
irregularity of the account was of that fine to
call their attention to it. er to thew that the repre.
fentation was fraudulent, he did not know, and
would not undertake for. But if they had in-
fpetted the account before they gave their anfwer,
the Plaintiff would not have gone on with the de-
livery of his goods. Simons and Crack did not
become infolvent till after the expiration of the
fortnight, but a commiffion acted in July, and
it appeared they had been infolvent Lame time
before.

There were the circumßances of this cafe.
Lord ELLenaomouom.—" Mr. Erlkine has en%
tainly afted extremely honourably and fairly to.
wards the Defendants, as well as his own Client,
in Rating this cafe as he has done. But it is ne•
ceirary to Rate a great deal more to fupport this
aCtion. In order to maintain this anion against
the Defendants, it is neceffary to bring home tads
that will fuppost the aftion to the knowledge of
every individual partner, becanfe they cannot be
guilty of a tort through the medium of an agent.
Nothing can be more cautious and refereed than
the fort of charafter they gave thefe two perfons
who had opened an account with them. We do
not anfwer for their fulvency, though it is likely
the bill will be paid when it becomes due, from the
manner they have kept their accounts with
They are young beginners.—Every circumflanee
rather intimates a caution, defiling the Plaintiff to
look about for himfelf, than an endeavour to in-
duce a credit, from any exaggerated reprefentation
of it on their part. r They have lately opened an
account with u% and have been regular in their
tranfadioni.' In order to stidstaio this Idiom the

Plainta ought to Mew filch Irregularitr
the ;it:count, that the man gi tht charaler,
molt: lave known at the time he was drying that
vhich was not true, and that be •Ya, tie
p_ifon who made the appEca:.ion to him "
Gatotow, leadwg. Cou:lfei for the Defen-
d:int, oaly he leave to add there Words to
what Id. Lordfair had faid—" We kn,;w noshing
of their property."
ELLESDOV`UC,'H.-46 If the fras of this
cafe went to the Jury, I ant perf,..!tly fore they
wo,dd agice with rue, in th.!conclulion that onF,ht
to he drawn front then:. It. an aftina could !,e
r: Ootaincd on foe!: n„ man in the comn-!r.
cal wit Id could open his ins•tith to another, n ith.•
or: pains and yenaltiei."—l'Llnrjn;niiri!ed.

I'oLICF-

.lerday G?orge Fi.;.7:7, a Journeyman 11
-a • ought before the Lo-ti P., for ' third
time, oo a charge oicommitting di ..ers the
his Mailer, Mr. Labourn, of Leadenli.tll-market,
and alfo for threatening the life of a young wo
man. several witnetics were called, but failed in
fubllantiating the charges. The prifoner was or-
dered to be difcharged on finding bail to keep the
peace with refpeji to the young woman.
:70bn 6ennor, a legman, late of the Hindofian
Batt lndiaman, lost off Margate, was again
brought forward, charged with plundering the
wreck of that (hip, and taking away levcral va-
luable articles rif plate, the property of Colonel
Gore, who intended to have gone out paffenger
in the liiatinitan. Mr. Perkins, a Pawnbroker in
the Borough, hated, that the pritliner came to
His hot& a few days after the velfel was wrecked,
and utfered fur fait: the various articles of plate in
quellion. On aficing Co,anor by what means he
became poffeffed of thent, he anfwered, that, he
(Connor) had been a tailor on board the Hindof-
tan at the time that the was wrecked, and that he
was one of thofe who remained on the rigging and
was faved ; that the day after the tremendous gale
had taken place, Mr. Turner, the Second Mate,
who alfo had remained all night on board, gave
all the Tailors permifiion to take away ally proper.
ty they might find about the wreck, when they
proceeded to fearch, with a flick, among the land
which had been wafted upon the remaining part of
the veffel, and found the plate he then offeted for
fade ; arid •fultlier fisted, that other articles of
plate had been found by fome of his fhipmatesa-a:
Oa bearing this flory, Mr. Perkins Paid he could
not give up the plate, but told him to call again,
and, in the mean time, gave him a temporary fup-
ply of See (billings, with inarnEtions to bring a
lOW from Mr. Turner, to fubtlantiate what he had
aptald. Daring the interval, Mr. Pet kins gave in-
feemation of what had taken place, at the India
Honfea.when he was advited to take Connor into
gifted", fliould he return, whiclahe accordingly
1,1=—Several witnefes proved, that the plate
.was the fame that bad been fent on
bort' the Hind:Alan.
4111(wilisipman proved that a banger, which was
lekvsith the plate, had belonged to him, and was
We with the wreck. It alfe appeared that Mr.
Turner refuted to fend a note by Connor, to fanc-
tion what had been laid refpeetiog authorifing the
feamen to plunder the veffel.
Connor, being called upon, agreed in the Rory
be had told Mr. Perkins, and added, that he was
one of the lall on board the wreck, and was not
aware he had committed any vim!.
On confiderit:7 all the circumfiances of the cafe,
Cul. Gore was induced to give Connor 2 guineas,
as a kind of falvage, and on condition that he
would endeavour to influence his &ifs-mates to
come forward with any plate they might have in
their poffeilion.
About one o'clock a private examination of a
younr; woman took place, who had b.-en found
late tie night befote in Pope's Head-alley, in a
very miferable and mytterious lituation. It appear-
ed, that as Mr. Holdfworth. the Martha', attend-
ed
by fame of the Parole, was looking round the
City, *bout twelve o'clock, to fee that every thing
was' quiet, they found a young woman in Pope's
Bead-alley lying on the ground perithing with
cold. Her eyes were bound up, and her face
covered with black crape, and her arms tied be-
hind her, in the fame manner as a perfun going to
be executed. She was taken to the Compter, and
Mr. Holdfwerth humanely ordered every kind of
nourifliment which was molt likely to rettore her.
Site foon appeared greatly revived, but not fuffi-
ciently fo as to be able to relate her fury, and
account for the lituation in which the was found.
The Loan MAYOR now enquired what had oc.
cafioned fuch cruel treatment, which The endea-
voured to relate, though in an incoherent manner.
She faid (he was the daughter of a Bookfeller,late-
ly refident in Patertsofter-row, but now removed
from thence, and was under embarrairments ;
that the had been in fearch of fame friends in the
ncigh!ioutliond 1.1 Hackney, whom the had not
been able to find, and returning to awn about
eight o'clock, by the way of Aldgate, the was
atcolled by a young man, who aftet entTrii,g into
converfation,furcibiy dragged her to feveral place;
(which (lie mentioned, together with the names
of thofe that live at them), and after detaining
I-er for force hours, he at iength took fitne crape
which was placed round her hat, and tied t: ores
her eyes and face; then, in carder to pievott its
being removed, he fattened her arms behind her.
In this manner the was dragged again to varioas
plates, but never knew at any time where the was,
sad tally, he cut away her picket v bith con-
tained feveral trifling articles, as well as about four
finning, of Meer, left her in the patiage where The
was found, and then quitted her.
This Rory being perfided in, his I..r.lhip re-
quelled that the young woman ringlit be taken
cars of, until further enquiry be made into the
cnOcrinus affair.
Moncla• Mglit efcapcd from Tork?lbury gaol,
AV ham Pritchard, committed for robbing a trow
in; i.'led to his care. The daughter of the girder,
in 1.: abfsznee of her father, having come to his
a.in,ear with his neeell'ary food, he t:.o': the
,!•. ;!y to attempt an escape, in rhi...11 liz
fc.' : I. knocking Le girl down; 1:d it
• Lot WI wadi( overcal.

LONDON MARKETS.

TORN-EXCHANGE., I RIDAY, JANUARY tr.
A Return ot the PRICES ofrioußfrom the Bth of January

_
to the 14th of Janu •ry irelu live.
Total 2.5723 fo-1i..-Averatte ito.• 71.1
00$. Id. litither tlsin loft return.
Pit li_ it OS HOPS.
Kent cl 0$ to 111 4, 4 Kcnt ICI C. to 121 rs ::••'
I
.ii.ol-c2 91 Cs to 1.1 16••• •
_l•' Sulks tot Oa to 111 4% 1
MI 91 Cs to ICI 1.-,.. '' Urn. 121 Cs to IA Of r.i.
PRICE O!' SF.F.DtI, January zt.
Red Clotor (n..w) ect to tits per cwt.
Rid Clover (old) 33. to ilos per cwt.
Waite dt:tu •••••• to 130.
Tt,•foil 30. to 73s
Turnip in to ac. per bufbil
Rye Gr...fs 28/ to 565 per ipi .rice
Carraway 4c• to 44 • pet /Wt.
Ciolander 215 to 29. ditto
C•tnarr Seed 8:.... to 925 ditto
New Rape Seed 301 to 3:1 per Init.
Prawn Iquitaid Need tea to its per l-1.0..:1.
Whi•e t:ltto 2,-5 to tis r...r ditto.
troatl Beans 3a. to 461 per do.
Long P0(11 2.6. tO 2,8 s per do.
SMITHFIELD, January ti.
To fink the ofial-nor lione of Sib.
Peer 41 6tl to 6s cd 'Veal Gs od to Si 4d
14utton 35 4d to 6s ad I Pork es Sd to ss 8d
NEWGATE and I.FADENHALL,J.intury 21.
Per Rone of FP,. by the carafe.
Wei 34 8d to 3s od I Veal 35 cd to ye 8,1
Mutton 42 4d to 35 ad Pork 0 3•1 to 34 8d
Stock at Market thi. :turning, IJealts 400-Sitesp 2,700.
RAW HIDES, Jatatiry 2t.
Hider !per ftone) 31 Ed to 4$ oil I Heavy Calf 9s 6d each
I\lu:idling 39 ad to 3$ 4d 'fork Skins 145 to 164uti
Ordir.ttr 21 sod to 11 od Sheep Skins 4$ od to tos 64
rkucv. OF LEAT I kit, pa lb. AT LEADF.NHALL.
Iluttr,sc to 3616 each • syd to sod
Ditto, ho to 6115 221 to 23d
Nicrehairt Prelts 39d to god
Drcffing li.d• . iSti to 19d
line Cozell liitl•rs 14d to 21.1
Crop Hides for Cutting 290 to aid
Hat Ordinary tytd to 1814
Calf Skins, .30 to 4015 per dozen 261 to 32d
ISt,' sc' t-, 73.;:t 26d to 314
Ditto 7,..., to ActS 26d to ze-d
Small Seal (Grcealand) per lb. 31 id to 314 d
large ditto zoos to 1404 per doz.
'I awed Horfe hides t3s to 311 each
AVERACE PRICES OF WOOL. -
Tire Hertford, i dialed, 245. to 225. pet awn 4f lob.
Elie loae,ltyland 198. to 235. ditto.
outhdown, 60a. to 635. pi r tod of 32Ibt
Ditto, of the Downs, iBd. to I9d. per lb.
NV ill s is& to t6d. per lb.
l'orcet, 241. to 13d. per lb.
Kent, Ts!arflt. 141. Os. to 141. JC./. per park.
Leirelter, 324. to 331. pet tod of 281 b.
Lincoln, 311. to 321.64. ditto.
New Leierfler, . 335. to 341. ditto.
PRICE OF TALLOW IN LONDON. _

'I 'own To'low 77s od total
Ruflia ditto (ca.) 7os od to 76s
R ulna ditto (loop) 69s to 7os
White Candle Ruffia oos to os
Netted Stull 6cs od to Eta
132 Grcav, s 161 od to ci
Arzrage Price 4* 64d Good Dregs Ics to oa
Yellow Soap, ',Rs. to ca—Nlottled, pos.
Catdke, 1 ts. CA.—Mould., 131. od.
PRICE OF HAY AND STRAW. January 21.
Southfield. St. James's. Whiteehapel.
O. H. 7 s oto 6 6I4 ooto 7 total 1003 7 70
Straw 113 to t 19 tl3 010 2 5 0 116 tot 2 0
Ciuvcf 4 to to 6 to 6 io to 7 11 0
COALS, January 21.
Deft Coals is the Pool, al. 6s. ed. per Chaldroo.
Delivered at, 172. od.
Sunderland. al. 3r. ov.
Delivered at. Its. cd.

St. James's market 41 6d
Clare Market 4$ 7d
Wkitcchapel Market
(per Roue el Sib.) 4s 6d

On Friday evening laft, between eight and nine
o'clock as Lieut. T. Mitchell, of the Navy, was
crolling the fields from Deptftird, near the half-
w.i.y home, he vas followed by two footpads, one
of whom, without fpeaking, Uncharged a piftol,
the contents of which paled through Lieut. Mit-
chell's hat; the other (truck at him with a tuck
flick, which wounded him in the hand. Lieut.
bl chess infiantly returned the fire, sta,d fuppofes
he vrutintl:d on: of them, from his exclaiming—
.. I)—n ) on, yon have done for me." Lieut. M.
lid: ink llfo fortunately a fword.ftiek with him, de•
fended himfelf in fuch a manner, that the villains
were glad to make their efcape. Lieut. M. made
the bet of his way to Peckham.. and procuring al:
finance, attempted to trace the illhuni,but with-
out effeet.

Diforders that proceed either from an impure
(late if the blood, or a relaxed flee of the pelves,
hav;tig, in innumerable inflances, fubfided by a
courfe of Semss (tire's Antiicotbutic Drops, too
much cannot be laid in praife of that invaluable
preparation. This unparalleled freed's, in the
molt complicated cafes, has etlablifhcd its celebrity
throughout the ttniverfe ; indeed, where is it pulli-
ble to obtain fuch a reflorerof the conflitution and
infallible cure of the Scurvy, Gont, Rheumatifm,
Evil, Leprofy, and a varirty of other complaints,
too gtceially incident to human nature ? Thefe
Drops arc fad in bottles of ss. and 6d. to;. and
11. each, With a black !lamp afEed to each bot
de, by the Psllowing venders in London F. New.
bery, 45, St. Paul's; Dicey and Sawn.), Bow
Church-yard ; E. Newbery, corner of St. Paul's ;
Wray, lirchinlane; Bolton, Royal Exchange;
Evans and Co. Long-lane ; Barclay, Fleet-market ;
Bacon, Oxford flroer ; Ward, Hollsorn ; Bayley,
coclspur.the,!t ; 'vinney, Pall Mall ; Walfh and
Withers, No. 779, Strand; Sharp and Co. Bilhopf-
gate-Rica ; Cl.o k, No. 269, and B. Shaw, No.
74, Borough, ti!uithwatk ; and at the Difpcnfary,
No Soho-ftware.