Star.
London, England, 1803-04-19 00:00:00

CARTO V. ♦AVGHLIJ AND ANOTHER.

According to Mr. PARKE'S opening, the circum-
Dances of this cafe were very Ihortly dick
Carto reticles in the Ilk of France, in the Eall In
dies. The defendants arc refpeitable gentlemen
in this city. One of them joined a Mr. Spooner,
an American gentleman, in an adventure to the
Eaft Indies. Their 'hip, called the Sufan, arrived
at the Ifie of France, where the plaintiff refided.
He lent Mr. Spooner 59581. When the Ihip and
cargo arrived in this country, the was detained,
but was afterwards liberated. But before her li•
beration, the plaintiff called on Mr. Spooner, in
America, for his money. Mr. Spooner not having
received the proceeds of this cargo, was not in a
condition to pay it, but very honourably afligned
to the plaintiff his moiety of the Sufan, and of her
cargo. After that, the plaintiff wrote to the pre-,
fent defendants, giving them this inforniation, and
desiring them, who had received this money, to
correfpond on this fubjea with a houfe at Ham-
burgh,- of the name of Chaproufe and Co. The
Mars. Vaughans, not attending fufficiently to '
the terms of the plaintiff's letter, not only corref-
ponded with the houfe at Hamburgh, but inad-
vertently paid them this 59581.
Mr. PARKE faid, this was done from mete mif-
take. He had known the defendants too long, to
fuppofe they were capable of ailing from any im-
proper motive. But he fubmitted, that the plain
tiff was clearly entitled, in the firft place, to reco-
ver that fum as principal money-
Mr. ERSKINE, on the part of the Me as. Vaugh-
ans, faid, his Learned Friend had (poke of his
clients in the manner their charatter called for.—
It was impotlible they could have any improper
motive for paying this money to the ironic at
Hamburgh. He was afraid •it was very much
againft their intereft. He had allowed his Learned
Friend to Date this cafe without interrupting him,
as his clients walled to have the opinion of his
Lordfhip on the fubjeCt, by which they might be
the better able to have a remedy over againft
others, to recover back :his money.
The Jury were of opinion, the plaintiff was en•
titled to a vercha for 59581.
The next queftion that arofe in this cafe was,
whether the plaintiff was not entitled to intereft on
that furn; from the ag.th of July, :Soo, the day
when this money was paid by the defendants
Lord ELLENZOLOUGH fubmitted to the Jury,
that the Plaintiff was intitled to intereft. The
plaintiff, as appeared from this cafe, meant that.;
it should bear intereft, while it was in the hands of
the defendants, and if they did not chute to pay
intereft for it, they ought to have given notice to
the plaintiff, who had a right to be the judge on
what terms it should remain in their hands. It
mug be ad madam fehastit. That notice the defers-
dams had not given.
Mr. HANKIIK, one of the Gentlemen of the Jo-'
ry, obferved, that Mr. Vaughan bad not an op-
portunity of giving the plaintiff' notice, as from a
mifunderttanding he parted with the money.
Lord ELLk LL ortouom obferved, that it was cer-
tainly a hard cafe on the defendants; but that
mifunderftanding would not redeem them from
the performance of this: no hardfhip could alter
the rules of law.

The Jury allowed intereil from the 24th of July
when this money was paid over.

HOLM'S 11. CN•LMRRP •MD OTHERS.

This aftion, Mr. &MINI Paid, was brought by
the plaintiffi who is an Infurance Broker, to reco-
ver the fum of 29761. under thefe circumilances.
The defendants are the affignees of a Mr. D'Oli•
veria, a Bankrupt, and had an this cafe conduced
themfelves with fo much politenefs and honour, as
not only to merit his thanks, but even the praife
of every Court of Juflice. The Defendants gave
the Plaintiff orders to infureproperty that had be-
longed to the Bankrupt,to the amount of ta,oool.
The premiums he had laid out for that purpofe
amounted to 29761. the furn for which the aftion
was brought. As Mr. Etyma obferved, this
money was clearly expended for the benefit of all
the Creditors, and therefore none of them could
objet to this money being paid out of the Bank-
rupt's Efiate.
Mr. Pa ale e,wlto was Counfel for the defendants,
obferved, that his clients were not affignees at the
time the agreement was entered into between them
and the plaintiff, and this was one of the difficulties
in the cafe.

Lord Ei.t.ssamtouou, on eonfidering the terms
of the agreement, thought the Defendants were
perfonally liable to anfwer for this money. He
hoped they would be entitled pay it on: of the
Bankrupt's elate, as it had been expended for the
benefit of that elate; but on that point his Lord=
[kip delivered no exprefs opinion.
Verdi@ for the Plaintiff, 39761.