Star.
London, England, 1820-10-12 00:00:00

LAW INTELLIGENCE.

COUltt OF XING'S BILLICHt OCF0111:1 11.
MAMMA?? AND OTHERS V. milli.
This was an action of assumpsit for money paid to
the defendant for the use of the iilaintiffs.
The cue was this:—The defendant is a respect:
Able stock-broker, and kept cash at the house of the
plaintiffs, who were bankers in Mansion-house-street:
The defendant, in the course of business, had drawn
a check upon the plaintiffs for 1:643 15s. and had
written across the face of it the words 4, and Ca."
but finding he bad no occasion for it, he put it into
his pocket. By some carelessness he lost it out of
his pocket. The moment he discovered the loss, he
went to the banking-house, and gave notice to the
pay clerk to stop the check if it Should be presented,
and not pay the money, describing it as a crossed
check, without mentioning the particular manner in
which it was crossed. In the ordinary course of
business, a crossed check (meaning a check to be paid
to the particular person named in the cross writing),
is paid in the clearing house in Lombard-street, and
not at the banker's counter. The pay clerk said he
would take care of 40 and shortly afterwards he went
to dinner, forgettineto mention to the clerk by whom
he was succeeded, that the defendant had been to
the house to forbid the payment of the check in
question. In the interval the check was presented,
and paid by the clerk at The counter, who took no
. notice of the words “ and Co." concluding that all
was right. Shortly afterwards the pay clerk first
mentioned, returned to the house, and discovered that
a check of the defendant had been paid, and imme-
diately exclaimed, that the check of which he sup-
rhe had had notice not to pay, had been presented.
e then went to the defendant's office, situated about
three minutes walk from thebanking-house, to ascer-
tain whether the check in question was that of which
the defendant had given notice, and found that it
was. In an interview between the defendant's bro-
ther and the principals of the house, they offered,
under the circumstances of the case, to co npromise
the affair, and proposed that they and the defendant
should equally share the loss between them. This
was refused on the part of the defendant, and the
present action was brought. The question was, whe-
ther the plaintiff's clerk was in fault under the cir-
cumstances proved ?
Mr. Justice BEST charged the Jury, in favour of
the plaintiffs ; but the Jury, after retiring about ten
minutes, found their verdict for the defendant.

OODDEN V. LATDOII AND °THEE&
This was an action upon the case. The plaintiff,
a seafaring man, living at Folkston, in the year 1817
employed the defendants, who are Bankers at Dover,
to purchase for him a certain amount of Stock in the
French Funds. The defendants, to transact the busi-
siness, employed Messrs. Pavers, Bankers, of Paris;
Messrs. Faven employed, as their broker, a Gentle-
man of the name of Pelon ; and Felon failed, and
absconded with the money entrusted to Mm. The
mode in which money is invested in the French Funds
appeared, from the evidence, to be this :—The party
wishing to buy, applies to a broker, who is a public
officer, and to whom he pays, in the first instance,
five per cent. upon the sum proposed to be bought in.
The stock being agreed for, a bulletin is given to the
broker, specifying the name of the purchaser, the
amount of the stock purchased, and the date f the
bargain; and, within a few days (from four days to
a fornight), a certificate of inscription is issued, which
constitutes the security of the purchaser for the sum
he has invested. The plaintiff in the present case,
Mr. Godden,desired to invest £llOO English sterling
of his money lying in the English four per cents. To
yell out those four per cents. Messrs. Lathom and
Co. commissioned Messrs. Hoare and Co. Bankers,
their correspondents in London ; and Messrs. Hoare
were to accept, to the amount of the stock so sold,
bills drawn upon them by Messrs. Favers, of Paris.
On the 6th of May. 1817, Messrs. Lathom were in-
formed by Messrs. Favers that the stock was agreed
for; and, in a subsequent letter, they received the bul-
letin, which fixed the sth of May as the date of the
bargain. On the 12th of May, bills for £llOO were.
drawn upon Messrs. Hoares; and, although no cer-
tificate of inscription was in the meantime- received
by Messrs. Lathom and Co. upon the 16th of May
those bills were duly accepted. Pelon having ab-
sconded with the money obtained from Messrs. Fe-
vers, the question was, whether Messrs. Lathom and
Co. as the agents of Mr. Godden, were or were not
bound to make good the loss?
Mr. Justice BAYLEY was of opinion, that where a
man employed an agent, even without contracting
that such agent should, at all events, be responsible,
he had a right to expect, at the hands of that agent,
all reasonable care and precaution.
The Jury, without retiring, found a verdict for the
plaintiff.,--Damages to be settled out of Court.
CAVENT•GARDEV.—GOLDSMITHI much admired
Comedy of She Stoops to Conquer, was performed
last night at this Theatre. It was supported by an
unusual assemblage of talent, and it kept up, through-
out, that genial sense of mirth and pleasure which
ever attends the Comedy of Nature. Mrs. DAVISON'
appeared in Miss Hardcastk, for the first time this
season, and with great success. Mr. C. Hznissfs
excellence is Young Marlow is universally known.
Tony Dolphin is, perhaps, Mr. liwrron's best cha-
racter in legitimate Comedy; Mr. Etwcurr and Mrs.
DAVENPORT acted the ancient couple to the life; atd
Mr. Aasor and Miss Focire sustained their respec-
tive pans in the most pleasing and judicious manner,
giving them the precise degree of prominence which
was designed them in the piece. The House was
well attended, and, From the reception of the Fay,
we should judge that the performance will be more
than once repeated.
HATIAAREZTo--The Tragedy of Hamlet was per-
formed at this Theatre yesterday evening, when the
part of Haisdet was sustained by a Gentleman, who
had made a successful debut in that character last
season, on the boards of Drury-Lane, but whom in-
disposition then prevented from following up the fa-
vourable impression sande by his first appearance.
During his absence from the Stage, he has evidendy
not neglected the cultivation of his powers. He re-
ceived, throughout, frequent and loud applause,
which was long protracted at the close of the per-
formance. The Polonius of M-. TERRY was as whim-
sically ludicrous as it could ,veil by rendered. The
Ophelia of Mrs. GARRICK was very unaffected and
interesting. The Houk: was well attended.