Star.
London, England, 1810-01-19 00:00:00

LAW INTELLIGENCE.

SHERIFF'S COURT.—CRIM. CON.
DcFI{ll:S Z. tioLt.E.v.
The Defendant having allowed judgment to go by
default, it was referred to this Court to assessdarnages..
Mr. BARNEWALL having opened the case—
Mr. Serjeant BEST stated, that Mr. and Mrs. Deities
had been married upwards of ten years, during which,
up to the period of the unfortunate separation that
gave rise to this action, they bad enjoyed the utmost
degree of harmony and happiness,.as he should prove
by the production of evidence from among the high-
est and most respectable order of society. That -his
Client had never been defective in any of the atten-
tions which an affectionate and honourable man could
pay to a beautiful and accomplished woman, he
would challenge the Dttndant, or even calumny it-
self, to deny—such indeed was the nature of his in-
structions, that he had no hesitation in saying, if such
a denial could be sustained, he would be ready to give
up all claim to damages.
Several Ladies and Gentlemen, acquainted with
Mr. and Mrs. Defries, were adduced as witnestes, to
substantiate the statement of Mr. Serjeant Best.
Mr. Serjcant VAUGUAN spoke in mitigation of
He disclaimed the intention of imputing any
da-
mages.impropriety of conduct to Mr. Defries, nor was he
instructed to impeach the general character of Mrs.
Defries ; but still he would appeal to the considera-
tion of the Jury in favour of his client, who was in his
minority when he became acquainted with this highly
interesting and universally admired woman, as she
has been justly described by his Learned Friend.—
He therefdes hoped and trusted that, in estimating
the compensation proper to be awarded to the Plain-
tiff, the Jury would take into account not only the
youth of the Defendant, but his means to defray that
compensation, which, he could assure them, were
very limited—Mr. Holden being merely a Cornet of
DrAgoons, with a small fortune.
Mr. 13lifICHELL summed ‘ll3 the evidence, and com-
mented upon the statements of Counsel, in which he
begged the Jury to consider the distinction between
that which was proved, and that which was merely
qlledged.
The Jury, after some deliberation, found for the
ilitintiff—Alooo damages.

COURT OF SESSION, EDINBURGH, JAN.IS.
BROUGHTON V. AITCHiSONS.
This is a case of much importance to merchants in
Scotland. Messrs. Crow, Wood, and Company, corn-
merchants in Leith, sold the defenders, John and
Alexander Aitchisons, bakers in Edinburgh, by letter,
93 bolls of wheat, receiving payment of part of the
price, and a bill for the remainder, (which was aft
terwards paid), and at the same time stipulating, that Tuesday night, as Mr. MOland, of the Borough,
the wheat should be allowed to remain fora short and his sister, were returning from Sydenham, in a
time in their granaries, until the defenders should single•horse chaise, the animal slipped down, between
find it convenient to take it away. The defenders at Camberwell and Walworth, when they were thrown
tilt same time received an order upon the keeper of out, by which Mr. M. received a violent contusion in
the granary for delivery of the wheat, which they one of his shoulders, and the young lady. was slightly
duly intimated and delivered, and also paid him for injured
turning and airing the wheat while it remained in the
Wednesday the driver of a coal waggon fell close to
granary. In the mean time, Crow and Wood be-
his horses, in consequence of the frost, in Chandris-
tame bankrupts, and they ordered the keeper of the
street, and the wheel went over his leg. The passen-
granary to refuse delivery of the wheat, which, in
gers conveyed him to the shop of a Surgeon. The
consequence of their insolvency, they alledged be-
limb wasd dreadfully fractured, and the sufferer was/
came the property of their creditors at large. Ap- to theHospital.Several accidents of a si-
plication was then made to the Sheriff of Edinburgh
milar description occurred in various parts of the town.
by the defenders, who granted them a warrant or
delivery ; but the question having been brought into MANSION-HOUSE.—Yesterday, Liman and Joseph
the Court of Session by suspension, at the instance Jones, father and son, were examined before the Chief
a Mr. Charles Broughton, accountant in Edinburgh, Magistrate, upon a charge of felony, in the house of
trustee upon the bankrupt estate of Crow and Wood, Messrs. Bowden and Tucker, wholesale druggists,
Lord Bannatyne, I
the Lord Ordinary, upon consider- Camomile-street.
ing memorials for the parties, found, that neither the 1 It appeared from the evidence, that the younger
order for delivery, given by the sellers to the pur- prisoner was for a considerable length of time em-
chasers, nor that obtained from the Sheriff, could be , played as clerk in the house ; and that a few weeks
held equivalent to actual delivery and possession of ' since, during the absence of one of the partners, Mr.
the wheat as remaining in the warehouse at the time I Bowden, in the country, a considerable quantity of
of the seller's bankruptcy, and could not therefore I musk was missed by the warehouseman. He told the
operate as a transfer of the property in favour of the I circumstance to the principal clerk, and a stratagem
buyers, or prevent it passing into the hands of the
I was devised for the discovery of the thief, but it did
trustee, as part of the bankrupt estate. not succeed. Mr. Bowden, on his return to town,
The defenders brought the case before the review was immediately informed of the circumstance; and
of the Court by petition, when the judgment of the he directly applied to the Under City Marshal, who
Lord Ordinary was altered, and it was found that the , learned from private information, that a considerable
property of the wheat in question was legally vested quantity of musk had been sold by Jones the father,
in the defenders. It was discovered, that he had taken the musk to the
Some of the Judges were of opinion that such house of one Price, a chandler, in East Smithfield ;
claim was no more than a personal one, and fell to 1 and that Price's servant had afterwards conveyed it
be ranked with other claims upon the bankrupt estate. 1 to the house of a man named Vincent, in King-street,
The question was, whether, at the date of the bank-, Tower•hill. Mr. Nalder having ascertained these
ruptcy, the transference from thi seller to the buyer , circumstances, went to Mr. Bowden, and enquired
was completed ? They thought it was not, and that I whether a person named Jones was in his employ-
the payment of the price was of no consequence in ment ? Mr. Bowden answered he had a clerk of that
I
this case ; and although the order for delivery gave name. The young man was then sent for and interns-
Messrs. Aitchisons a right to insist upon the keeper • gated.; but prevaricated so much (for he at first pro-
of the granary for delivery of the wheat from that I liaised to discover the whole transaction and after-
particular place, yet they had not done so ; and by I wards denied any knowledge of it), that 'Mr. Nalder
allowing it to remain where it was, the property of thought it right to take loth father and son into
the wheat was clearly in the creditors of Crow' and ,
T cust
heod
Wood, the bankrupts. ! servant girl of Price remembered that Jones
A majority of the Judges were, however, of opi- the father, was the person who brought the musk to
noon, that, in this case, there was a complete bargain . the house of her master, and which she herself after.
of sale, by payment of the price, and the only deli.. wards conveyed, as directed, to the house of Vincent.
very which the circumstances of the case could ad- Both prisoners totally denied the charge, and were
mit of. The grain was measured, sea aside in the ° remanded for further examination.
granary, an order granted for delivery, and this ' Six journeymen calicallaziers were charged with
duly intimated to the keeper of the granary- This combination, and preventing others from doing their'
was the same as if the keys of the warehouse had been duty. A Solicitor presented a letter signed by them, I
given to the purchasers, with an order to go and take confessing their error, expressing a wish to return to
die grain. The one was as good as the other, as it their work, and promising not to disturb their mas- i
gave the purchasersfree entry to take what was their ters, which they confirmed viva voce. Toio this the '
own ; and, in short, it was one of those cases which . Solicitor for the Masters consented, but begged his
occur every day among mem-Wants, where property, Lordship would suffer the warrants to continue in
to the greatest extent and value, is transferred, with- force till it should be seen how they would conduct.
out actual dellvety.—Judgment for the defenders, the themselves. This was consented tu, and the packs
purchasers. were discharged.


Dy cute pi AAAAA sfa ___.o
est and most respectable order of society.
Client had never been defective in any of
tions which an affectionate and honourable r
pay to a beautiful and accomplished w
would challenge the atridant, or even ca
self, to deny—such indeed was the nature
structions, that he had no hesitation in sayin
a denial could be sustained, he would be rea
up all claim to damages.
Several Ladies and Gentlemen, acquai
Mr. and Mrs. Defries, were adduced as wii
substantiate the statement of Mr. Serjeant I
Mr. Serjcant VAUGHAN spoke in mitigat
makes. He disclaimed the intention of imp
impropriety of conduct to Mr. Defries, r
instructed to impeach the general charact
Defries ; but still he would appeal to the
tion of the Jury in favour of his client, who
minority when he became acquainted with
• interesting and universally admired won
has been justly described by his Learned
He therefcie hoped and trusted that, in
the compensation proper to be awarded to
tiff, the Jury would take into account n
youth of the Defendant, but his means to
compensation, which, he could assure
very limited—Mr. Holden being merely
DrAgoons, with a small fortune.
Mr. 13URCHELL summed tip the evidence
mented upon the statements of Counsel, i
begged the Jury to consider the distincti•
that which was proved, and that which
pledged.
The Jury, after some deliberation, fa
ilaintiff—Alooo damages.
COURT OF SESSION, EDINBURGH, J.
BROUGHTON V. AITCHiSONS.
This is a case of much importance to n
Scotland. Messrs, Crow, Wood, and Con
merchants in Leith, sold the defenders
Alexander Aitchisons, bakers in Edinburg
93 bolls of wheat, receiving payment of
price, and a bill for the remainder, (wl
terwards paid), and at the same time stipt
the wheat should be allowed to remain
time in their granaries, until the defen
find it convenient to take it away. The •
ties same time received an order upon th
the granary for delivery of the wheat,
duly intimated and delivered, and also p
turning and airing the wheat while it rerr
granary. In the mean time, Crow ant
tame bankrupts, and they ordered the ke
granary to refuse delivery of the wheat
• consequence of their insolvency, they a
came the property of their creditors at 1.
plication was then made to the Sheriff of
by the defenders, who granted them a
•
delivery ; but the question having been b
I : the Court of Session by suspension, at f
of Mr. Charles Broughton, accountant in
trustee upon the bankrupt estate of Crow
Lord Bannatyne, the Lord Ordinary, uF
ing memorials for the parties, found, tha
order for delivery, given by the sellers
chasers, nor that obtained from the Sher
held equivalent to actual delivery and i
the wheat as remaining in the warehouse
of the seller's bankruptcy, and could r
operate as a transfer of the property in f
buyers, or prevent it passing into the I
trustee, as part of the bankrupt estate.
The defenders brought the case befor
of the Court by petition, when the judg
Lord Ordinary was altered, and it was fc
property of the wheat in question was h
In the defenders.
Some of the Judges were of opinio
claim was no more than a personal on,
be ranked with other claims upon the bai
The question was, whether, at the date
ruptcy, the transference from thi seller
4 was completed ? They thought it was
the payment of the price was of no co
this case ; and although the order for (
Messrs. Aitchisons a right to insist up
of the granary for delivery of the wh
particular place, yet they had not dm
allowing it to remain where it was, th
the wheat was clearly in the creditors
Wood, the bankrupts.
A majority of the Judges
vase,wer, hot
n;on, that, in this case, there
of sale, by payment of the price, and
very which the circumstances of the c
mit of. The grain was measured, s•
granary, an order granted for delis
duly intimated to the keeper of the g
was the same as if the keys of the ware
given to the purchasers, with an order
the grain. The one was as good as 1
gave the purchasersfree entry to take
own ; and, in short, it was one of the
occur every day £mong merchants,
to the greatest extent and value, is tra
out actual dell wet y.—Judgment for th
purchasers.