Star.
London, England, 1829-05-04 00:00:00

DOR 011 Disuse on wit. Los e. wenn AND ANOTHINI.
This' was in ejectment to recover certain writes 101
tVhiltethapel. for breach Of cosennt.
'be lessor of the plaintiff, a smith.let part of his pre.,
anises to the defendants, who are hOefOGIIIIMII. and there
was a covenant in the lease that they Should not do any
smith's work DOI necessarily connected with the business,
of a foundry. • The defendants laid out r considerable
sem in the improvement of the premises. The lessor
of the plaintiff found Out that they were doing jobs in
wroesbt iron; which he did not consider es connected
with the' business:of a foundry, 'and thereupon brought
his ejectment for the breach of thOcovenant.
Sir JAMAS fsc4atifr called several witnesses for tint
lessor of the plaintiff, from whose evidence it appetited
that the defendants had done work not necessarily con-
nected with the business of a foundry.
Mr. SIMI/GUAM called several witnesses for the
fendints, who stated that it was almost the invariable
piricrice for iron founders to get any smith's work dons
fto them customers.. that was connected with an order
for foundry work, and sometimes to
_get smith's we
done for their Customers which-wasnnt,conneeted With
the innudry_business.
. Lord Timmons', in summing an, made a egatlal:-.
tient between smith's work necessarily connected with.
the bissiness of a foundry, and that which was suefisils.
ertiected with it, and appeared tar lean to theapusion
that the defendants bad doge smith's work which was,
only usefully. and not necessarily connected with the
bimittess of a foundry. and that thin was a breach of the
covenant. As to the laying out. money on improve.
meats, that was the fault of the defendants themselves;
At. if. idat were to be allowed as a defence, it would
make covenants of this kind useless.

.The Jury retired to consider their verdict, tint the
matter ma arranged between the parties, and the Jou
dibcharged.

niCUAIRDS v. IItANCO.
flir J. SARUM stated this case lay in a very narrow '
compass. A Mrs. Lindean bad 8.9061. capital in the 4
per Cents. under her marriage settlement. The defend.
ant leas a trustee under the settlement, and authorised
to receive and pay the dividends to Mts.Lindeatt during
tier life. Mrs. Lindeati was desirous to sell the
dcnds doe on the 10th of October. 1827, and 10th of
Aptil, 1828, aid the plaintiff agreed: to purchase them
fit a Mai mentioned ; and Mrs. Lindeau and her hus.
band.in:ilip presence of Franco, signed receipts for the
ifiglifeiMs in the usual form to Franco. and gave him
.order to pay to the plaintiff. and upon this Fiasco
agreed to pay the dividends to the plaintiff, who there•
uptis paid the purchase money to Mrs. Lindell& The
defendant. hpwever, refused to pay the diiidends, saying
that he hid been Ordered by Mrs. Lindean not to pay.
,Ife was himself bound to the -plaintiff, bower, to. pay.
Mi his guarantee.
Lord Tenraenmo objected that the declaration stated
a contract to selfe'end the order and receipts pioduied,
if Ihr! I"i:ratted such a toptilet, were not satinwood,
Sri JANE. SCARLITT contended that it was reffiCiant
thOt the guarantee was stamped, as the whole was one
usonsoction..and.cited *tad'v. Liddard, 1 Bin;. 196:
• Lord Tentaaneso did not think the cases similar.—
Plamtiff toonseited.
, • 'ilium V. ILLIOT. •
•
Mr..Gdanit (with whosi was Mr. Huron:soma)
meted, this was act action for, damages on account of It
obireptetenistimi mhde tit the plaintiff by the &Andante
iii tooseq6enci'df which the plaintiff was induced to
give a much larger premium for the lease of a public
boost called the Camden Arms, Kensington, than be
would oche, wise have doee.
Thomas Lutuley.was acquainted with the plaintiff,
rho early in 1827 was in treaty pith *Mt. Geolds of
the Coolidge Arms public ham*, at Kensington. for the
parebase of the lease of that bow* Witness went to
the house of Messrs. 'Elliot, the brewets, where be saw
.the defendant, and stated to him that the plaintiff was
*beet to take the house, and asked what was its. average
tipsiness? to which the defendant replied, seven butts
par mouth. lie went to the house lei* the plaintilk
who asked the defendant what was the average bpsinfose,
et the hoof% and.the reply was the sameseven butts
per month.. Plaintiff then signed the agreement for the
lame with Gold, and Holm toot -possession of the
house. Witness then Went to the hosts. °Messrs. El-
liot, iedstated that the public house suss not doiig the
blifinesi labia it had been reptesentid as doing. and
the defendant then said that the business was capable
of greet improvement.
Lord TanTaaing here took notice that the ividencit
did not property apply to the declaration.
Plaintiff nonsuited. •

. IFLIIII AV. *HILCOAT.
This Was an action to recover from the detedatit, the
Tnrasurer of Windsor Forest Turnpike road,
.the pd.
malty of 1001. for having acted in the double capacity
of Treistirei and Commissioner of the said road. it hid)
ie was alleged wasenniMry to tile .6.5 th section of 541
-George IV. c. I* (the General Turnpike Act). which !
enacts, 14 ThSt, no .inestre or 'Commissioner bf any
Turnpike road *shall 'ploy any office Or place of prom ,
:Oder any Am of Parliament, in execution of whichite
"ball have been appointed or shall .act as a Trieste% or'
Coomitiesitmer, &e. ander the penalty of 1001. tor every
-such offente. 'At the trial at the lest Stnisner Assizes,
for the county of &thee the only question was who.:
lbw ln
s 'Oder the cireaetaaCets of Ilse case, tbedefen-:
.4ant had held and enjoyed an office Of profit? It was
proved that the defendant was the Treasurer of theroad .
in question. and bad also anted as a Pince or Cffblilie-:
livieter ; that he 'iocefved no salary as Treisnier„ 'and'
that all time_ yelteceited by viltise of that ooffice
we:
did Pifer to W. Roberts, the Clerk of the Trost. Mr. i
Roberts stated thathe was an attorney, and not a banker,.
bit he coosidered.biinself the banker of the defendant-
*" ilye purposes of the Trust. and that thue eiiii:alwaYs
a Bolles
.deht beining iattiest, at the same woe. that
the balances were accumulating in'his hands.
By the Covar—h.st as not abet es that the de.'
fetedibt'sboold makes profit himself ; **gave "profit '
*edit .. • that's:Mild be stegleiiii, gat it'Ainuld Base'
lleint ' . Wieetheri it te"" tbiZeict that il;ibalisieies
wise VII i. the hand* of Mr. Itobertef..bot balances
!of-is few posads, shiftiest, or a few peace; but whether
be had ayeilible ' liaise*? Tire Court thaiiiiltt thin it
1
Iran ati aireca 4rp,i4.77. Ok*ltieleithele iiiiiiial: •
gateway tilitiatitt :.(Nrasidasiarirtiaoata
igetts, Timer - Hill, !bet hie 'life' Glair' dlitleiSlO‘ts
11101P4(47 .I**4ei Ithstin -t41:14ii,...*.ig, 4..i4gt
riiiiiiitszeotkr alOnifiareo• it ibet, it .state.
• • owl maiggated. ham *bibs*, peimmient
itiOltilthe *Nage way-keit as one of tbellMe rittillie#M.
M_ :/!4,17gt.w, , "tent% 1410*
IWIE "P. ';fo, at *is Ala OM 4
lus 4111144 14. • . Mai ivtfl sone* to *
7.000* iiiiiitatelist mind on the OWL

. • *1- LiiiiLjeaSeiF•
• -
COVRT-.OP 6ase.ol:llr, s.y s..
His Lordship sent a siebienier to the .COnr4 'stating
his inability task to day on account of other busbies&
COURT OF KING'S BENOHI 14T 2.