Star.
London, England, 1827-10-11 00:00:00

LAW INTELLIGENCB.

COURT OP .COMMON PLEAS, GUILDVALT, MI% 19.
(Adjourned Sittings before Aliebaelmas Term, before tbe Loan
Cuier JUSTICE and Common Juries.)

RAINS AND ANOTHER V. SCORRY.

This was an action for goods sold and delivered, to
recover 161. the •alive of a number of straw hats sup-
plied by the plaintiff. The case was one of no interest
to others than the parties engaged ; but previously to
its determination the Lord Chief Justice expressed a
strong opinion on a point of law in favour of the de-
fendant.
Mr. Sergeant WILDE", for the plaintiff, was proceed-
ing in an argument of considerable length in support
of his case, when he was interrupted by
The LORD CHIEF JUSTICE, with these words—
" Brother Wilde, if you should think, on reflection, bet;
tween this and the ensuing term, that the point you are
now arguing is good, I shall have no objection to your
moving the Cdurt upon it; hut it appears to me so
very clear, that I really think you are wasting time by
urging it."
Mr. Sergeant WILDE—MY Lord. I submit, that when
a Counsel is argwing a point which he considers mate,
vial to the intetests of his client, it can hardly be called
a -waste of time; that term is but too frequently used.
The LORD CHIEF JUSTICE—WeII; well, I will say
nothing; but I tee it is quite impossible in this Court
to bring cases to the real point.
Mr. S rgeant WILDe—I consider, my Lord, that the
ca,e is now at point, and I wish to argue it.
Tre Loup Chita Justice again repeated his.cle-
eided opinion on the point, and said that he had only
interrupted the Learned Seacant With a view to shorten
the cause, and by that means to accelerate the business
of the Court.

Sergeant WILDE—I admit that hearing cue side
only of a cause is a very effectual method of shortening it.
The LORD CHIEF JUSTICE—WeII.I will say nu snore ;
if yhu still persist in arguing the point, go on—l will
net interrupt you.
Mr. Sergeant WILDE then said, that he could not but
feel that the interruptions to which he had of late been
subjected were injurious to-Lim and to his clients. He
was so unfortunate in his msnner of expression, that his
argument was frequently, he presumed, misunderstood;
and it was the mote unfortunate that this misconstrue=
Lion should be put on his words when he was arguing
those points that he deemed important to the interests
of those for whom he was engaged. The Learned Ser-
geant was then proceeding with his argument, when
The Loan CHIEF JUSTICE said, the case was as
clear as the sun at noon da►.

Mr.-Sergeant WILDS—What appears clear at first
frequently proves in the end to be tithes wise.
The LORD Om, Jusrtce said some other words in
expression of opinion,•and
• Mr. Sergeant WILDE sat down.—lle was followed
in an argument on a diffcient point of the case by Mr.
Sergeant ANDREWS. When the Learned Sergeant had
concluded,
The Lotto CHIEF Jusrice said that he still main-
tained Cie same opinion on the ca'e, and consequently
he should dile. t the plaintiff to-be nonsuited.
Mr. Seigeant ‘VILDIt then rose and asked his Lnrd-
ship if lie would grant him permission to move the
Court ou thii po nt ?

The Lunn CHIEF Jusrtcz—" You may do as yob
plc ASC."
Mr. Sergeant WILDE was speaking a few words with
a view I.f getting a more definite answer, when-
The LORD CHIEF JUSTICE interrupted Lim, and per-
emptot ily ‘.rdered the plaintiff to be called.
The plaintiff was accordingly nonsuneci.
col:atm:4oN v. MORRIS AND ANOTHER.

Mr. Sergeant LUDLOW stated, that ,iii this action the
plaintiff, who was a widow Lady residing in the west
OEngland, sought to sec err a sum of 251. 4:. frpm
O
defendants, who were the executors of the will of her
deceased daughter, Mary Ann Codrington, ho, pre-
v,ous to her death, had become indebted to her for that
sum for board and lodgin?:, un'er the following err.
cumstances:—Miss Mary Ann Ct:cliii.gton, who at the
time in question was about 25 years of age, was in pos-
session of property independent of her mother, with
whom she did not regularly reside, but, on the con:rar y,
spent the greater part of her lime in visiting her friends,
and not unfrequtntly lodging and boarding herself at
her own expense. It happened in the course of her
visits that she became acquainted ts ith a S; apish Gen-
tleman, of the nan.e of Salvadot, who paid particular
attention to her. This was in the commencement vl
the year 1829, while Miss C-chington was living in
lodgings in or near Bristol, basing been for sonic time
previous very ill, and, to all app arance, rapidly sinking
into a decline. Being in this ill state of health, she
removed to her mother's lions?, with whom she agreed
to reside, undertaking to pay It r her own board and
lodging, and for all those acquaintances or friends who
should come to stay with her. It was in February,
1829, when this understanding took place, and Miss
Codrington remained with her mother from that time
for a space of 16 weeks, and during the whole of that
time was supplied with board and lodging. She had.
not, however, been many hours a resident beneath her
!mother's roof, before she was followed by her admirer,
Mr. Salvador, very Much against the se ish and inclina-
tion of her mother, who did nor at all approve of the
connexion. This Gentleman, however, remained a
constant visitor at the house until the expiration of the
16 weeks, during which time Miss Codritigto:l's health
had been rapidly declining. Jost at this time, without
any prelude or preface, Mr. Salvador a-tnounced to the
plaintiff that on the next day her daughter and himself
Intended to be married. Thunderstruck at receiving
this intelligence, her daughter being then in the last
stage of a consumption, Mrs. Codrington applied to the
Magistrates to prevent the ceremony from taking place,
and her daughter was removed from her house, and in
the result carried to that of Mr. Morris, the defendant,
where, in a short time, she expire/. Previous to her
death', however, she made a will, of which the defeltd-
ants were the executors, by which she left to Salvadot
the whole of her prof ecy. This will was iro•ed be' che
the funeral, and the executors immediately acted upon
it; and having paid the debts that had been incurred.
by theAeceased, proceeded to jut Salvador in pusses
Sion ciflthe property. There wasp however, some di, putt
with'tegard to the payment of a sum of 1,0001. be'ong
irrglo the deceased, which remained in the hands of the
trustees appointed under her father's will ; and the exe-
cutors under the deceasei's will were obliged to sue be.
fore they tculd obtain it. The sum was finally ob ai fed,
and paid to Salv..dor. Before this took place, however,
Mrs. Codrington hsd sent in to the executors the bill fOr
the board and lodging of her daughter and Mr. SalAra-
dor, whose board she conceived her daughter, by the
agreement, was bound to pay for. '1 hie bill amounted
to 501. 84. and the executors refuse,i to pay .it; bring of
opinion that there was no con!r.:(t by which they were
bound to pay for the board and lodging of Salvador;
they, however, tendered the half of the sum, which *at
not accepted as a discharge, and the present action was
boagght to recover the remaining half. Immediately

after the dedtl di Jane CosissaigtOrs, Ails. SAIN vow"
England for .Spain, and bac not since returned. 'lds
Learned_Sergeant, in conclusion, said, the question lot
the consideration of the Jury would be, whether, under
the circumstances, they conceived the board and lodgiag
were farnishecivatuitously, or by express contract.
Mr. John Hillhouse Wecox stated, that he was a re-
sident in the neighbourhood of Bristol, and knew the
plaintiff. He perfectly remembered the deceased Miss
Crdringtem coming home in the commencement of 1823,
he then had some conversation with her, and advised
her again to go back to her lodgings. She replied that
.be would not : she would stay with her mother, as she
could pay for her board and lodging. She accordingly
continued to reside with her mother on those terms,
occupying two rooms, which were set aside exclusitell
for her use. SaJvador came to her a few days after, arid
continued to reside, occupying one room. The defend-
ant Morrisas a dissenting Clergymen.
Cross-examined—Silvadoi came over in the mite of
the Spanish.Ambassidi r, and had known Miss Cod-
rington for four years. during which time he paid Ivs
addresses to her with the knowledge of her family. Her
income was from 1001. to 1201. per annum.
Miss Caroline Codrington was then called, and con-
firmed the statement of the preceding witness.
This was the plaintiff's case.
Mr. Sergeant WILD addressed the Jury for the de.,
fendant. He contended• that the evidence of an express
contract was slight and insufficient, and not such as the
Jury would be warranted in acting upon. Bot setting.
aside the lightness cf the evidence, what were the pro.
babilities of the case? W.,: it probable, that at a time
when it was atin,itted the deceased was in a dying state
—when•the han.l of sick: ess had taken a strong bold on
her find when death appeared itrevidtble-:was it pro.
bable, hessid, that at such a time, a contract should be
eriteredinto ; or that a mother, with a daughter in such
a staie, would say any thing abr:ut the payment of boardl.
and lodging ? Having gone through the case at sortie
length, the Learned Sergeant.concluded with observing,
that there was no evidence to prove the contract, and
consequently a verdict mast be given again't the plaintiff.
The LORD CHIRP Jusrice, in summing up, observed,
that the whole of the case appeared to !nal to be a mere
writ of inquiry. With regard to the contract, he was,
of opinion that', independently of the evidence of the
two witnesses who had been called, the tender made by
the defendants was direct evidence of a contract having
existed.

The Jury, without heshations returned a vetdict for
the plaintiff—Damages, 254.45.