Star.
London, England, 1810-01-23 00:00:00

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7°
i.ati v hfriligiifiel ' 1
Coolir .OF Moll DSNCH, SO. Si
, wours AND WOINMA.?N IL rosniannut. • .. t
This was ,in action tos recover ia•• .16 2s, 6d.
principal end commission, due to the I)Wntiffs, who
are merchants in the City. This case was remarka-
bly complicated, but the leading circumstances were
as follow: in i
Some time the year /k a
s, Mr. Tanner, ship-
builder at Dartmouth, whO hid a Government Con-
tract for building small vessels of War 'applied ,to
Mr. Workman, one of the plaintiffs, to find out for
hint a respectable house in London that would un-
dertake the agency of his bills, and suffer him to
draw on them at intervals, to an amount not exceed-
•
tng £lO,OOO. For this the agents were.tojeeeive R 5
per cent on the advances, and RI per cent.. commis-
lion.. .
lon all transaction& It was estimated that at this
rate, from the large sum to be fiegociated, the com-
rnissitm would amount to at least inoo per annum,
kvhich sum was howevef to be paid, in all events, to
the agents for their trouble. Those terms were offer-
ed to several houses in succession, and declined.—
They were at length taken fie Workman. Id a short
time, the plaintiffs, ending that Tanner's bills °au-
I pied all their floating cash, borrowed 82000 front
Tomlinson at the legal interest. This Icon gradually
amounted to 16000. Tannerq affairs becoming de-
sperate, it was proposed by Workman that Tomlin-
son should advance £4OOO additional; and that for
this loan of 4Z1b,000, he should receive 845 per cent.
interest, with a moiety of Tanner's profits iinsthe con-
tract, gitiounting to £5 per cent. more, and £lOO
per annum; Commission to be paid by Workman for
his trouble. A died of partnership to this efflott was
drawn up, and witnessed by Workman. ~.
SOme time after, 'Tntnlinson intending to stand
Candidate for a seat- in Parliament, withdrew by a
private agreement from hii partnership with Tanner.
In 1807, Tanner becoming unequal to his contract
with Government, failed, leaving, an unsettled ba-
lance of the account, amounting to the principal and
commission claimed by die action. The plaintiffs
now made their demand on Tomlinson, :h Tanner's
partner. It was resisted on two grounds ; first, that
the deed 'between Tanner and Tomlinson wail usu-
rious, and therefore not involiing Tomlinson in the
consequences of partnership ; and next, that the
plaintiffs, demanding an usurious colinnisSion, were
not entitled to claim.
On the part of the plaintiffs, a nutnbet of witnesses
wera called to grove the fairness of the rate .$f com-
mission, owing to the great intricacy of the fattiness,
and smallness of the bills: .
Lord ELLENBOROCOU stated the law as it applied
to the case.—" The deed of partnership between
Tanner and Tomlinson was a+ioUsly usurious, and
therefore null. But its weakne4 Could not, invalidate
the right of a third party, unacquainted with its pro-
visions. Workrnan had, however; setn the deed ; it
had been drawn up under his inspection: The charge
of usury could not come by surprise upon the plain-
tiffs, for the fear or the feeling of it appeared to have
been intorporated with all their ideas on the subject
They had even consulted a lawyer to judge of their
approach.towards usury. The commission might note
have been intrinsically too great for the trouble ;.yer;l
from all the evidence produced, it appeared that the
risk encreased the commission ; but this was for the
Jury to consider:"
The Jury,.after a few minutes consultation, bretight
in a verdict for the Defendant, on the, plea of the
deeds being usurious, and usurious with the cogni-
zance of the Plaintiffs, but threw out the plea of
usury on the commission.

...

/large*, to go- pursuit the strange,
only gave cltace for about two,ru)les and a half',-,and
€ben was permitted to pursue liec destined voyage.
Neither, the Captain nor Lieutenant, however, was
called to Prove this latter fact I and
Lor.d,g.i.LENnououcn - held, That this was certainly,
a deviatipn* froth-. the original voyage sufAcient to.
avoid the policy, if the plaintiff (upon whom the caw -
lay) could not shevi that he had been compelled to
inch de4iation by a snperioi power ; which not being
done, the Jury found a verdict for the defendant: •
.• .
RA;qIALt. V. IYNCfI.
This was4n action a charter party, on a vessel
from the Canary Islands port of London.—
There,were everal points in dispute, but they. all
info these two : First, Was the

ultimately resoling'.
plaintiff entitled to denaniage during the time, hii
vessel was detaingd in the London Docks, Waking bpi.
a birth and, 2d17, Was the rite Of demurrage spe-
cified in the charter party, for the tithe the vessel was
allowed foi loading. and unloading, to be eskeetned a
sufficient rate Ny whieb: to calculate the ifemiirrage
for the vessel, during the additional period for which
the ownei was deprived of her service:
Thi ATTORNEY GENE.RAE argued, that no 'Oki.
*as here to blame, but that. the vessel was detained
in conseqitence of the stipulation of an Act of Parlia-
ment which the defendant could not controul or pro-.
vide against. j- As well might the.clefendant sue the
plaintiff for darnagei, for
.not delivering the cargo,
as the plaintiff bring thil action against the defendant.
r Mr. PARKE resisted this argument, and contended,
that the plaintiff was entitled co 'have his Vessel deli-
hred to hini at the time be stipulated, or to have a
coinpensation rot her detention, in proportion to what
he could have prceured hid she then been at his dis•
posal.
Lord Etliinisonotnin held, that in point of law the
defendant was bound to restore to the plaintiff his yes•
set at the time agreed an. No eitraneous•circum-
stance connected with the pfivilege of the London
Deck Conipant could depriie the plaintiff of his •
right. He left it with the Jdry, however to say, at
what rate of demurrage. this compensation should be.
estimated. lige *ere S 5 days, including Sundays,
after the expiration of the days of demurrage allowed
itt.the Chlrter party, arid the rate Of demurrage there.
allowed v:rds £5 per day,
The July, in addition to the Undisputed items,
fotind for the Plairitiff—Dar6ges One Htiritlted and
Forty-five Pounds 1 being at the rate of pet day
fat 29 dayi. •

..
THE LAW'S DELAY.-Itmay possibly be In -the.
rectiPection of some- persons still living, that in an'
early period of the last.eentury, viz. some eft pare
ago, there hired in Ireland a Gentleman nam BUR&
TON, who kept a banking-house in Dublin, and ano-
ther its Clonmel ; whose credit was its. eminent, that
it became proverbial in Ireland, wheii, when. the ,
gbodintin of secuviv was described, .it in usual to
say it was 44 is good as Bets Burton's." It happened,
however, in the chanter Of Casualties eser attendant
on human affairs, that honest BEN Buarcw failed,
and his affairs were thrown into the hands of trus-
tees: a The. glorious asecertainty of the law" rendered
this trust an hereditary concern • and for erveetyfour
year: the business had been involved in litigation. It
was not until the laic' spring that the subject was
brought to a final issue in Chancery, when the de•
HARRIS V. ROSTON: . . :andante of the first trustees paid to the posterity
This teas an action brought by the plaintiffs Messri. of the original creditors their respective dividends
Harris and son, corn4actors, to recover from the de- upOn the claims of their forefathers ; which dividends,
fendant; by whom they had been employed to sell as the whcle produce of Mr. BURTON'S assets were
rape seed for him, the balance of an account current thrown into the funds, had accumulated very consi-
between the parties, amounting to upwards of four derably ; insomuch that one gentleman, named FlTZ-
thousand.nine hundred pounds. • PATRICK, the hereditary legatee, for an original sum
Mr. PARK stated the case on the part of the plain- of dit979, received as his dividend upwards of 116000.
tiffs, which was fully made out In evidence. " Better late than never." .
Mr. GARRow, for the defendant, set up the plea of
Fzidai night
....ka the shop of Mr. LAYTON, pawnbroker,
usury, the plaintiffs having charged fOr their trouble .
in ..angour-su.a.„ bona; was brake open and robbed
and risk in the 'business, and for the advance of
money, two and a half per cent. above the legal in- Of a quantity of rings and jewels.
An-alarming fire broke out on Saturday night at a
terest for Such advances, whereas the Usual and ac-
hOuse called the Grotto, near Stoke, Bucks, which-
per charge on contracts of this kind was ls.
per quarter on the seed purchated or sold. was idhabited by the Rev. Mr: Pynn. The fii%was
Several witnesses were adauced to prove the de- occasioned by a servant-maid setting fire to the bed
furniture whilst putting a child to bed. Such was the
fondant's case. They did not spew, however, that
rapidity of the flames, that the family had great diffi.
there was any uniform rate of charge for such pui-
chates or sales, but admitted that they varied ftoin I culty in escaping, and the house was burnt to the
one shilling per quarter to two shillings per cent. on ground in less than half an hour. Tivo ricks and a
the price. barn were also destroyed..
Mr. PARK, in reply, obseried, that the person whom Monday se'nnight a fire broke out at Lower Nut-
the defendant formerly einployed as his factor, charg- well, near Lympston, Devon, the residence of —..
ed him exactly at the same rate. Smith, Esq. which entirely, destroyed the stabling,
Lord ELLESBOROCOH left it with the Jury to con- barns, and the whole of the outhouses; and we are
side!' if the charge made by the plaintiffs was grossly sorry to add, that three horses, three cows, and forty.
overcharged, when taken as a compensation for the five pigs were burnt. The dwelling-house was for.
trouble and risk. incurred by the plaintiffs. If so, tunately preserved. .
there •was no tither head to which the overcharge Saturday evefilh, as Mrs. Averoyd of Freeschool.
would be referable than that of money advanced, as street, Horselydown, aged 80, was warming some rt.
applied to which, it must clearly amount to utury, quowher, clothes caught fire, by which she was so
being, to the extent of such overcharges, more than dreadfully burnt that she expiied the next day.
legal interest. Saturday night, a- widow, residing at No. 9, in
, •
The Jury, without hesitation, found for the plain:. Queen-street, Oxford-street, having occasion to fetch
tiffs—Damages £4900. * some coals from a coal-shed, left her chili alone in
JAN: 22.—PHRLPS V. AULWO. ' I the room, and during her short absence the child was
This Was an action upon a policy of insurance on 'burnt to death.
the ship Anna Margaret, upon a voyage to Iceland An Inquest was yesterday held at the Running.
and back to the'port of London.. The ship in ques- I horse, Duke-street, on Mary MarlOw, aged four years,
tion was burnt on her homeward voyage, and this ac- Who, in attempting to reach an image from the man.
tion was brought against the Underwriters, as for a de-shelf, in the absence of her mother, on Saturday,
total loss of ship and cargo. set fire to her clothes, and was so dreadfully burnt
The defence was, that the Anna Margaret had de- that she expired in six hours.—Verdict, Accidental
la* taking in her cargo, and had sent a number of Death.
her hands•on shore to plunder the inhabitants, instead Another Inquest was held on the body of a Miss
of keeping them on board tb assist, in taking in the Kisser, aged 18, whose clothes took fire at her uncles
cargo, wherein, the delay complained of was occa- house, in Oxford-street, where she was on a visit, from
sinned ; and also that she had deviated from her des- Nettlebed, Oxman, on Saturday night, after returning
tined voyage, by- going in pursuit of a vessel she sup- ' from the Theatre. Two persons were in the room at
pbsed to, be an enemy t and, therefore, Under these the time, but they were too much alarmed to render
circumstances, the policy became void. leer any assistance, and she expired in a few hours.
In answer to this, the plaintiff contended, that A similar verdict was returned.
there was no delay in taking in the cargo, by reason An Inquest *as likewise held at the Chesh7re
of the want of hands on board, her Complement being ,Cheese,'Somer's Town, on the body of Mr. Williams
only 14, whereas she had 26 hands, 12 of whom were Wild, of that place, who dropped down and instantly
sent on shore, not to plunder the inhabitants, but to' expired ; he appeared in perfect health and spirits a
protect the goods on shore from being pillaged by ;few minutes he.—Verdict, Died by the Vibration
the inhabitants, leaving the full complement of 14
,of Gob.


4eviatkiat frf thathOis *W.
%Weft . that thii tias jaieeisisoey act, aid there-.
fore disi,trt avold;the..pagip. sokeaptitaillodes and .
d. Stewart,. both of hii Majesty', navy, gong
io -board with several hands, and compelled the, Anna
Marta* to 4 o pot** of the strange