Star.
London, England, 1803-12-24 00:00:00

L 4 Avrituokircz.

COUNT 01: KING'S BENCH, DEC. 23.
iIINJAMIN AND ASZAHAM GOLDIIMIb 91. SOGLI,
tIeNCN, ntniftbwts, ,trat CANNING.
Thil was a caufe of great importance, on account
Of the rank of the Oartiei lute/died in it, of the
magnitude of the fuels to be decided by it, and of the
national intereit in the inbjed with which it was
connoted. Both the Plaintiffs and Defendants are per-
Cons too well known ih the commercial world to to
quire any obfervation. The fads on which this ac-
tion was grounded are the following :—ln the fpring
of t 8o:, a Loan was negotiated with the Irian Chan-
cellor of the Exchequer for 1,623,0001. The con-
dition of this Loan was, to return Stock at three per
coot. if to commence in April at 31. cos. per hun-
dred pounds ; if to commence in December, the
Subfcniser was to have between the interval of the
aril and fecond inftalment, at his option, either re-
ceipts according to the method pra&ifed in Great
Britain, or Debentures bearing intereft in the way
pratifed in the Loan of ifloo, and many preceding
Loans on the vote of the Iriib Parliament. The
Defendants contraded for the whole of this loan,
with the affillance of a lift of fub-contradors, Tome
of whom were refident in Ireland, otheis in England.
To the former they gave the Government receipts,
from the latter they withheld them, giving, however,
a perfonal acknowledgment inilead- of the original
Government receipts. The Plaintiffs were tub-con.
traitors to the extent of 52,0001. and they con-
tended, that in the character of Cub-contradors, they
had an equal right to obtain theft receipts with
the original contractors ; the object of this anion
was, therefore, either to refcind the contract fur the
whole, or to btain a verdict for damages, in conk-
quence of the lofs they had fultained by &bele receipts
being withheld.
Meru. ENSIGN, GARROW, and Gaza: AT, were
Counfel for the Plaintiffs.
Meffrs. ADAM and Palms for the Defendants.
The Declaration Rated the propo(als for the trim
Loan • the intact of the Plaintiffs to the exert of
sa,ciocl that the Defendants agreed the Plaintiffs
Mould have an equal advantage in the conditions
with themfelves, as original contractors. It further
Sated, that each fubfcriber was to have receipts ;
Bich receipts not to be more in number titan three
'far tOOOL. char the plaintiffs were deprived of the
means of applying for debentures under the au.
*alley of Roth receipts, and that is conftquence,
being obliged se boll their kith Racks a confiderable
[hie; had been Inialeed, which would have been-avoid-
ed if the vouchers Aped by Government had been
trandmitted to the Plaintiffs.
Mr. Ease twa.—" Nothing can be snore impor-
tant than the queßion now fibmitted to the confider.
ation of the Jury. It does not merely relate to pri-
vate individuals, but is immediately connected with
the permanent intereßs of this cottony. It would be
impoffible for the nation to maintain the rink it fop.
ports among the Empires of Europe, without that
public credit, which the Ilupendous concerns of fi-
nance requires. No finale perils could poiably
(apply the public exigencies; it was only by a Taff
chain of private comedian that thefe can be -
vided for, and to thew bow this is Bard