Star.
London, England, 1803-11-02 00:00:00

HAYMAM MOULTON' AND °THUS.

This was an action of trover, brought by the
Owners for the value of the thin Grace, fold to the
Defendants in Jamaica, by the Captain.
Mr. Gassow Hated, that the prefent cafe was
that of a fraudulent "ale of a fhip, a fort of Colonial
trawler, which was not uncommon in the Weil In-
dies. The /hip Grace, which was worth 39.001.
failed with a cargo from London to Jamaica, at
which Mild (he was driven afhore in the harbour of
Rio Bueno ; but although the waves beat over her,
her bottom was not in the halt injured, and with a
moderate degree of exertion and expence the could
have been fee afloat, and was fit to bring home a
cargo. The Captain, however, having called toge-
ther a number of perfons to fumy her, which per-
lons alto wilted to get a bargain in the purchafe of
her, they, after a flight examination, figned a certi-
ficate that the veffel was a complete wreck, in con-
fequence of which the was condemned and fold. The
oftenfible purchafer at the auaion was a Mr. Dunn,
a planter, in the Wand, who fold her, however, in
about a week to the Defendant Kerby, who made
the furvey, and to the Defendant Moulton. The
price that tL. veffel fold for was incl. currency, or
8641. Reding. After the fate the veffel was a/Nally
fet afloat. and carried a cargo to England thortly
"after. From this circumflance, and from the hafty
furvey which was made, and the furveyors themfelves
becoming the purchafers, the learned Coiled infer.
red that the fale was altogether fraudulent, and the
owners bad a right to recover the value of their fhip.
In fupport of this cafe, Thomas Buchanan, a fea-
faring man, who was on board the Grace, proved
the (trending of the velfel, but Paid the (uttered no
other damage by the-accident, than being fo funk in
the (and, that it required a good deal of labour to
rade her. He alfo proved the very hafty manner in
which the was Purveyed.
Captain Frobifber Paid, that he had feen the vet
fel on the Sands, and, in his judgment, it was very
polfible to get her afloat ; he intended to become a
purchafer of her, and with that view examined her
carefully, and went down into her hold. She was
not bulged, or in any other way damaged. He at-
tended at the tore fixed for the Pale, but found that
the had been fold above a quarter of an hour before.
Mr. Easesmt. on the part of the defendants, con-
tended, that this tale was fair and honeft, and that
the Captain had exercifed a found difcretion for the
benefit of his owners. The cafe of the defendants
was, that the veffel being not only in a (late of ex-
treme peril, but fo deeply buried in the fends, as
that the Captain could not by any exertions of his, or
any money that he could borrow the property
of the !hip, undertake to extricate her, he confulted
with a Mr: Cunningham, the merchant to whom be
had been recommended in Jamaica by his owners,
and with feveral other merchants and planters on the
Wand ; and by their unanimous advice, and upon the
certificate of thofe who made the fumy. he thought
it bell for the intereft of his owners to fell her ; that
the Pale was without fraud, and the price fuck as.
' confidering both the milk and expence, was the full
value of the veal at the time.

The Captain. Mr. Reynolds, and tome others, who
had been at the fumy, attended to give evidence in
fupport of this Ilatement ; but it appearing that they
did not even take the trouble of hawing the water
pumped out, to afcertain whether bet bottom was
damaged or not,
Lord ELLes actions a, in Cumming up the evidence
to the Jury. obferved that this bafly and carelefs fur.
vey, and the circumflance of the furveyorsbecorring
thensfeleee the purchafers, were nrong grounds to
(Wive& fraud, which would vitiate the fele, if in
other refpefts it were a legal one. He could, how.
ever. by no means lay it down. that even if there were
no fraud, the rak was legal ' • a Captain of a (hip had
its that capacity no right to MI the ihip, saki* in a

cafe ol extreme neeelltr, trlicn there viuld
be nu doubt, but that the owners would have done
fo, if they were in the fame place; then'. perhaps, the
Court might a little extend the limits of the rule and
allow the fah. The Jury had now to confider whe-
ther this aZtual neeeffity wilted, or whether the tale
was not fraudulene
The Jury without hefitation found for the Plaintiff.
raisiassam V. SMITH AND ANOTHER.

This was an anion by the AlEgnees of John Haw-
kins, a bankrupt, agairfl the Defendants Smith and
Moldy, as Guarantees of certain Bills of Exchange,
drawn by J. Mawby, of Leieefler.
It appeared on the evidence, that Mr. Mawby, be-
ing indebted to the bankrupt in a very confiderable
turn, about apool. was afflided with a paralytic
ftroke, which made it impoffible for him to attend to
bufinefs. The Defendant, fiom motives of friend-
(hip, examined his affairs and his books, and told
Mr. Hawkins (the Bankrupt) that he was in folvent
circumftances, and worth at lean 40001.
On this reprefentation the Bankrupt contented to
renew thofe bills which were become due ; it after-
wards turned out that Mr. Mawby was not in folvent
circumftances, and of courfe that a lots had been (of-
fered by fuch reprefentations ; but Mr. I I,twkins
himfelf admitting, upon his crofs examination, that
the credit he gave was to Mawbey, on the reprefen-
tation of the Defendants, and not upon their guaran
tee, and it not appearing that they had the fmalleft
intereft in wilfully milreprefenting, the verdid was
for the Defendant.