Star.
London, England, 1810-11-28 00:00:00

HARRISON V. WRIGHT.

Mr. TDPPINQ applied for a Rule to shew cause why
an award made in this cause should not be set aside.
It was an action on a breach of charter-party, tried
'before Mr. Justice Chambre, at York, in May, laq.
The defendant had agreed to sail to Westwick, in_
Sweden, and in twenty running days take in a cargo
of deals for the plaintiff, under a penalty of £1,300
for non-performance—it appeared, however, that ha
had neglected to fulfd his contract, by which neglect
the plaintiff said he had sustained a loss of £2OOO
the cause had been referred to arbitration, and the ar.
bitrator had awarded the sum of £lBOO to the plain-
tiff. Mr. Topping now moved for setting the award
aside, on the ground that it was excessive ; the learned
Counsel contending, that the plaintiff could not be
entitied to snore than £l3OO, the stated penalty in the
charter-party.—The Court granted the Rule to shew
cause, on condition that the £1,300 should imme-
diately be paid over to the plaintiff, and the remain-
ing £5OO into the Court, to wait the result.

BIRTHS.
At Mitcham, Surrey, on the 35th Instant, the Lady tif Major-
`General Wary Oakes, of a son.
The Duchess of Orleans, datiLhter of their Sicilian Majesties,
of it Prince, at Palermo, on the of %-,,teriib-,r.
The Lady of fte William Geary, Bart. -of a son and heir, at
Orel Houk itt,Kent.
Sunday se'nnliebt, at Bory, near Gosport, the Lady of Capin
Karon, R.N. of a son.
Friday, at the Naval Colley, in Portsmouth Dock-yard, the
La.ly of Professor Inman, of a son,
Wednesday, in linliee-qrset, Cavendish-square, the Lady cf
(attain Christian, R N. of a soo.
Early in the month, a‘ Horsley, the lady of Captain Gibe
Heathcote, R. N. of a daughter.
A few days since, the lady of Dr. Hutchinson, F. R. S. Wen
(tithe Physicians of the County Hospital, Kent, of a son.

COURT OF COMMON PLEAS, NOV. 56.
AUBERT in WALSH.
This was an action for money had and received.---
The plaintiff, in September 1809, halgiven thOderen-
dant the sum of X;eo, for whichseloo wacto be return-
ed, if a cessation of hostilities between -England and
France was eflected,and preliminaries ofpeace between
the two countries signed, on or befote the Ist of July
1810. In the month of June preceding the expira.
tion of the stipulated period, plaintiff had brought his
action for the purpose of recovering back l!is premi-
um, and the Jury had found a verdict in his favour.
Mr. Serjeant LENS had obtained a rule to shew cause
why Oat verdict should not be set aside, and a non-
suit entered; against which Mr. Serjeant Sueriterus
and Mr. Serjeant MARSHALL shewed cause.
Lord Chief Justice MAYSPIELD this day pronounced
the judgment of the Court. He observed, that a
• great number of cases had been cited ; the general
principle which seemed to govern them was, that
when a person had made an illegal contract, is the
nature of wager, he had no right, after the event had
determined, to come forward and demand the original
premium, on the legal principle of potior en eotatio
porsidentie.—ln the present case there was this distinc-
tion, that the demand for the• premium had been
made prior to the time to which 'the policy was re-
stricted; which seemed like a wish to do away the
illegal contract. There was some doubt, however,
about the soundness of this distinction, because no
period was fixed for the party to come forward
and rescind the contract ; and, therefore, a person
might wait till the time was very near expiring,
when little doubt could be entertained of the way
in which the event would be decided—and, being
certain of losing, might make his demand; but,
DIED.
certainly, it was a difficult matter to point out the! Yesterday morning, at his house in the Borough of Si..
period at which the demand should be made.— i Henry William Coffin Esq.
In the case of Lowry v. liou rd i eu, Mr. Justice Buller'
had clearly recognized the distinction of actions ! ESL TEOwtt?!erk of tthhaet ;ity, agt.edh7eyeN•vatt-sthim
Dir.:we,*
cos: fehacondeeltractineo,:t RoChester. ea the SI st lost. Jobs Nichols
brought on contracts omitted and executory—and the
same distinction was acted upon in the case of Tap.. i On the 19th of October last, after two days illness, at a Talli
penden v. Randall. The Court must either follow'
on his way to Lisbon, William Moffat, Esq. of Prinlatts, pa',
that rule, or decide differentlyerently from the cases he had i,
masterthoef
pthe 79t.11 regoimf
vent,
Strachan,no!rjatesPoetul.
Esq
Assistr3
quoted, and in direct opposition to the decision of Mr. Ilk n there. licY
4
Justice Buller. He thought, however, that there weal At Dunbar, John Beanie Bower, Is+ C.ptain in the Eke
very proper ground for adhering to that rue, for it %MO
was but right that a man should be allowed an opj-* regiment of Militia.
portunity a rescinding an illegal Contract, hef.- the : ley Stafford.
the 15th instant. Charles Moore, t'q. on' of the Amiga
Mondayse'nnight, Sarah, wife of Colonel Bellieley, of BO
expiration of the time to which the event was'f6stric-1,14f Public Accounts; and brother of the Lae _Genera sub's
ted. The party wishing to annul the contract might.).
L 00re.. •
say-44 I know, even if I win, that I can have no re- Ek:' ss"'"l"s
envie of Loyal tmigrants in the service of his Britannia Jil-
in Reaffitsg, the
reedy against you, the transaction being illegal ; I j -fr:ry,
therefore wish my money' to be returned.' Besides f Regiment of Infatttryattod *night
.nijhe Order of.*. L"'"
under the old hench GCbo:rnal
the cases already quoted, there was one to be found j • On the lith inat...Ron„Ceorge Ta)lor,,Aector ef Churteh..
To.
in Loft's Reports, Walker v. Chapman, in which the
same principle appeared to have occurred to the mind the, shire. :iearenDt,e:opiej Toney,
iCn.atpthesisiogo.isLies
ISth Inttabt, ht hisitnth venr, the Rev. Wm. Nesit4
i $
.: taffo:rdstilehitv, of Akifeed,Cheshire, and jam 0f,./darolg ut
of Lord Mansfield. His Lordship also referred col lector cf Dailiam, and vicar of Wfikliarnbrout, ‘44tio!t. , 0
the case of Lacossade v. White, and stated that the . In his 75th par, the Rev. Aleaguder Cro.niehohne;irreotaroc
doctrine laid down by Lord Kenyon' n a subsequent theriPEPn "4 110"chlimen' Bllfl4l?Yagn7h64l7o;
case, was different from that which he had promul- lguATed
.1";;;Iffie, Worn.° sad Rev. R.: R. :PL Roper, rector of Ckrl
gated in the above-mentioned action. Under all the lathe county of Mouagbasylreland. . a bte all:
circumstances of the case, and after an attentive exa- Rev. Cavalier lompt,eawacg.ot Rawretb, Esse:, an
urination of the different cases cited, the Court was of ,ir ick. , .. Pot
lopinion that the plaintiff had a right to recover;ther tie of the eeysioseLoo'
mouth Harbour, Dr. I. FA Cleed, •
De attl,ooll
premium. , m Sunday sennight, es
I. FA
the Chapman transport! in .
' ''. ,Stati of the Brtigh Army in Portugal. He had _ ~,,
The verdict of course remains undisturbed. '3!4 26tb year of his age, was. distinguished by strong naturals=
STEEL D. LACY. and a correct and extensive knowledge of isis profesigtar i
runs Palms"
This was an action on a policy of insurance on an
it was in the unwearied discharge of the duty t
'American ship, from I ondon to a port in Russia; selected to come home with French prie!. Ten guns
1,6 troggii
and which was captured bra French privateer .on her 'Ch man, H,
ewlitwithernetiatoVilinlielieldratblo:sCPciintrigt); invrlii:taikeig:s'‘,o
return, and was condemned in a port of Denmark.
she having simulated papers•on board. A Rule had 1411sitot as hittanuaiess in his throat, attended
been obtained to set aside the verdict, and to enter *ln-
ide '"a' buried to the garrison et Portsmouth CIAO, "'1
, nonsuit.
Sir JAWS MANSFIELp said, that the evidence we*
much too loose for him to enter iato it.; nor did be
think it at all necessary to give an opinion as to the
propriety or impropriety of tessels carryipii simulated

'•
Last week, the Right Hon. Thomas Henry Foster, son tithe
Chancellor of the Irish Ezeheque,r,.to Miss Skelington, &nine
of the Right Hon. C. Skeildron.
'Tuesday sennight, sir Maidstone, Mr. lames Stanger, to
monger, to Mies Sarah Bentltff, daughter of the Rev. George
Bentliff, Minister of the Baptist Meeting, In Maidstone_
_ .

At Norwich, oti"Wedneaday u'ouigiii, Dent. Charles Pitt,
R.N. late of his Majesty's sloopSarpedon, to Matilda, only daugh-
ter and heiress of the late Sir George Walcott, Barr.
Wednesday, at Ablocdon,hy the Muter of Pembroke college,
Oxford, the Rev. Wm. Price, late fellow of that society, and mo-
tor of Coln, Saint Deny's, Ulouceatershire, to Min Davies, of
Abingdon. I.
Rev. S. Alien, jun. of Lynn, Norfolk, to Catherine fddatightss
Of the Rev. G. Woolley, ut Hutton Bushel, Yorkshire.
Rev. Richard Ridley, son of Sir M. W. Ridley, Bart. to Via'
Johnson, only daughter of the Rev. P. Johnson, of .Alston.upon-
Mersey, Lancashire.
. On Thursday, the Rev. Robert Wm. Bastes, Rector of Kin
tborpe, near Northampton, to Miss Clavering, of Newaold Pr
coy, Warwickshire, daughter of the late Robert Clavering, Esq.
•• On the 20tb-last;nt Edward Kendall, Esq. of Dan-y-Park
Brecknockshire, to Miss Darling, sister of Col. Darling, Deputy
Adjutant-General.
On the 18th inst. Richard Wood Fair/ .1(1, Esq. Captain in tb
td Battalion of the .59th Infantry, to ELzabetli, eldest daughter
Archibald Campbell, Esq. late of Wilton Dean, Middlesex.
. On the £2d instant, John Gordon, son of the late lion. Colons
John Gordon, of Aboyneoto Eliza, daughter of Robert Atones
Esq. M. P. for the City of Gloucester.

H 14414 WAT WHIZ PR!-ITG- 0;0'
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I end publtsbed by LEVIL. COIL 0
Terllll-tiel4 and N.• 1) Cur "b