Star.
London, England, 1816-07-26 00:00:00

Ll 7 INTALLIGENCE.

; • i
' . botnix titi tu.'l7's 1110164, JULY 115.
• DARING D. Wittig. -
Thra %Vas sn' action to recover the price df fifty
';ogshe4ds of sttg-tr, sold to the.defendants br. Mersve.
Coles, Brothers, broken, on account of the plain.

t ff 4, Messrs. B tring and Co.
This was a se:nod trial of the same cause, and it
will be recollected that the question was, whether the
vendee of goods had a tight' o set oft the debt of the
broker against the price, so as to defeat :!ie ct~iin of
the-principal, in a case where the name of the prnci-
oal was not disclosed to the purchaser by die broker ?
At the last trial the Jury found A Verdict for the
plaintiff, directly in the teeth of Lord Ellenborough's
direction in point of law, upon the authority of
George +. Cleggitt, in the Term Iter•Tts ; but the
Court of King's genth set aside their Verdict, and
the case now came down for a second trial, • for the

purpose Of tendering a bill of exceptions, to Lord El-
lenborditgli's direction, with a view to a writ of error,
in the House Of Lords. Some additional evidence

was eiamined. and it was agreed that a Verdict
should be taken for die plaintiff, for re 1423. 3s. 6J.
subject to a case, and with liberty to either party to
turn it into a Special Verdict.
Lowe w. MAtiERIDO ANP OTHER.%
This was an action upon a Bill of Exchange for
£lOOO, drawn by George Lewis Lowe, dated 28th
of May, 1814, accepted by the defendants Messrs.
Celestine Mazzerido and Co. and indorsed •to the
plaintiff for valuable consideration.
The defence set up was usury; and in support of
...case for the defendants. Mr. George Lewis Lowe,
kb* drawer of the bill, was called in, and stated, tilde,
Metsrs. Mazzerido and Co. Spanish merchants, car.
rYing on business in London and Spain. being in-
debted to him in the suns of £1921. .ss. he went to
demand payment. Although be was entitled to de-
mand cash down, he consented to take two bills, one
for £lOOO. the bill in question, and another for
£921. ss. both payable.two months after date. The
defendants paid him £l6. in addition, for interest,
and £2. Ss. for Brokers commission fur discount.—
Witness then took the bills to Sir Matthew Blown,
for the purpose of obtaining cash, to whom he paid
£l6. interest upon the bills, £9. 10s. for Brokers
commission, and .165. 101. for loss in selling out stock,
whictfclearly exceeded lawful interest and discount.
Witness said that he did not indorse the bills, until he
received cash from Sir Matthew Blown.
Mr. Thomas Ambrose, of St. Btitolph's-lane, mar-
chant, stated, that lie received the bill in question
from Sir Matthew Bloxam, for the purpose of get-
ting k discounted, and he accordingly took it to the
plaintiffs, who are bill brokers, from whom he received
cash, they charging £2. 10s. being at the rate of one
quarter per cent. discount.
Mr. SCARIATT competed, that there was nothing
usurious in this transaction, inasmuch as the plaintiff
must derive title from the drawer, Mr. Lowe, who
had not been guilty of usury, at the time lta received
lit from the defendants, but
Lord ELLENBOUOUGII held that the transaction was
tainted by usury, when reference was had to the
transaction between Sir Matthew Bloxam and the
drawer, which last person did not indorse the bill un-
til Sir Matthew had paid him the cash. Had the in-
dorsement taken place immediately upon Lowe's re.
:coliving the bill from the defendants, and not been
posrprarect ssetil the transaction with Sir Matthew
Bloxam, hii.LOrdship should not have thought that
there was any thing defective in the title of the plain.'
tiff under Lowe the drawer. He had, however, no
objection to the plaintiff taking a verdict, with Wm? ty.
to the defendants to move to enter a nons&t.
verdict was accordingly taken subject to a motion.

COURT OF COMMON PLEAS, JULY 25.
/3111 NON V. 1.4411LEN212.

This was an action on a policy of insurance on the I
ship Hope, valued at 81200, hom the port of Lon-
dcin to Senegal and Gorey. Froth the evidence for
the plaintiff it appeared that the vessel had, on the
Bth of bnuary, 1816, been captured twenty leagues
off Madeira by an American privateer of 20 guns,
which, after boarding her, continued to plunder her
from nine in the morning until four in the aftmno•on,
and the crew, with the exception of the master and
his son, were put on board the privateer. On the
part of the defendant it was proved, that the vessel,
alter being retaken by another British vessel, had
proceeded to Bermudas, and instead of going her
regular voyage, she had there produced 60 Casks of
beads, very much damaged, which sold at six dol-
lars a cask at a public sale ; and that the captain af-
terwards refitted the vessel, and after loading her
with a new cargo, had proceeded to Liverpool.
The CHIEF JUSTICE left it with the Jury to say,
whether they thought the plaintiff entitled to full or
merely average damages, in consequence of the Cap-
tain selling these articles, originally designed tor
Africa, at Bermuda, where there was no immediate
call for them.—The Jury returned a verdict fur the
Plaintiff—Damages £1.50.
WHITE V. 141LNENflAll•

This also was so action. on a policy of insurance
,
.04 the skip Martha, %p laid at MOW, which, in ll:-
cember, 181.5, bad beta driten by a violent gale on
the rocks in the river Shannon, in Ireland, %%hilt she
was booed on a voyage from Limerick to Jamaica.
Mr. Setjeant Baer opened the case.
• James Caulfield, a resident at Limerick, and who
has been in the habit for • many yens of surveying
ships, stated his having been called to survey the ship
Martha, at twelve o'clock at night, am the 17th of
December, 181.5; which be foUnd lying on her beam
ends: alter relieving her of her cargo, he proceeded
to survey her, and found her in to miserable a sate,
that be, with others who assisted him in the survey,
suggested the propriety of her being sold, as no
'longer fit for use. lie saw her- sold (or £51,5; and
he believed no vessel could be mote fairly 5°14, as
the master did every thing be possibly could to raise
iier price. He could not think it possible tor hert
with safety, to be conveyed to' any other port km
being refitted, as he believed her totally incapable
of repair.
-• _ _

Captain Richard Hotitian; whn had Keen 25 years
a sea captain, Captain ,Philip Riton, and Mr. Da-
niel Sands; a thip-broker at Limerick, each concurred
'in the testimony, of the preceding witness, and de.
;elated that the Captain had acted solely from their
advice in telling the• vessel.
iambi Urati., a shipwright atlisnebonse, was sTni
lan the 'l7ill March last.to unity the Martha, which