Star.
London, England, 1820-10-20 00:00:00

LAW INTELLIGENCE.

COURT OF ZINO'S BENCH, OCTOBER 19.
HAWKINS 9. ELDRIDGE.
This was an action of trover, brought by the plain-
tiilainst the defendant, for unlawfully detaining his
goods,
under the following circumstances :—The
plaintiff, some time in the month of May, 1819, ap-
plied to the defendant, of whom he had no previou's
knowledge, and kept a public-house, called the Nine
Elms, at Battersea, to receive for a few nights into
his house some goods belonging to the plaintiff, for
which accommodation he was t 6 pay at the rate of
Ss. 6d. per week while the goods remained. But,
when the goods arrived, they were found much too
large for the garret that had been allotted for them.
In consequence of this, it was necessary to put them
into the best room of the defendant's house, called
the long-room, with the exception of two boxes,
which being too large even for the long-room, were
obliged to be deposited in the back kitchen. For the
sake of the greater security of the property, a bed
was put into the long-room for the plaintiff to sleep
in while the goods remained. I'he plaintiff went
away next day, without leaving either his name or
address, saying he should return in a few days, by
which time his house would be ready, and he would
remove the goods. He did not return, however, for
nearly two months, during all which time the de-
fendant, for the safety of the goods, was obliged to
have the room constantly locked, so that it was
wholly useless to him in the way of Lis business,
though he had been in the constant habit of enter-
taining are companies in it during the summer
months, as it commanded a fine view of the Thames.
When the plaintiff came back in the month of July,.
he only looked at the goods, ;Ind said he should come
and fetch them in a few days, but declined giving
his name, though asked for it by Mrs. Eldridge.—
Some weeks elapsed before he returned, and then he
came with a waggon, drawn by four horses, about.
five in the morning, to carry away his property.—
This proceeding was objected to on the part of the
defendant, till he should receive adequate compen-
sation for being deprived of the use of his best room
during the most profitable part of the year. That
compensation he stated to be 20s. per week, while
L'2s was tendered on the part of the plaintiff for fifty
weeks, being at the rate of 10s. per week..
A host of witnesses was called on the part of the
defendant, to prove what he might have gained had
the room been at liberty, which, in consequence of
the deposit of the goods of the plaintiff, had been
only occupied once by a Club of tailors. One of those
witnesses, a brother • publican, averaged the value
of the room at £2 per week ; and another, an old
soldier, in the employ of the defendant, gravely as-
serted that 300 persons could dine in it, the dimen-
sions having been stated at fifteen yards long and
five broad.
While the witnesses were detailing the possible
profits that might have accrued to the defendant from
the possession of this apartment,
Mr. Justice BEST interposed, and observed, he did
not see how the value of the room could be brought
to bear upon the question at issue. The only lien the
defendant could have upon the goods, and the only
right he could have to detain them, arose from the
apartment having been let as a ware-room, and he
consequently claiming under the character of a ware-
house-keeper, with that character he could not, in
the present action, mix up any other.
Mr. Scancirrr still pressed the point, that defend-
ant was entitled to recover for the value of the room.
The JUDGE observed, that he had not said that an
action might not be so shaped as to recover for the
value, under the head of especial damages ; but in
the present case, where the defendant could only
claim as a warehouseman, the value was not mate-
rial.. The tender made was considerably more than
the defendant could claim in that character, and
amply satisfied the justice of the case.
The Jury were of the same opinion, and found that
the plaintiff was entitled to recover his goods upon the
payment of £25 to the defendant, being at the rate
of 10s. per week for the room.
SAMUELS V. HULLS.
This was an action brought by the plaintiff to re-
cover from the defendants the sum of £36 due for
ninety boxes of rouge delivered to them. The value
of a box of rouge was Bs. and each box contained 96
small parcels, made up in the shape of, and called by
the name of, books, each of which was sold to the
trade for a penny. By some inadvertency, the word
boxes was substituted for books in the catalogue, and
the defendants imagined they had purchased ninety
boxes of rouge for mnety pence, being somewhat less
than the price of a single box, and which sum was
accordingly paid into Court.
A broker of the-name of Hall stated the price of a
book of rouge to be one-penny, and that was reckoned
cheap. Though the word boxes had been, by mis-
take, substituted for books in the catalogue, he had,
at a public sale, corrected the mistake.
The clerk of the last witness stated, that the de-
fendant agreed to take them at one-penny each ; but
it did not appear that either books or boxes had been
mentioned.
Mr. Justice Berr observed,.that the article which
was the subject of the present action was irr itself ex-
tremely well adapted to generate errors and frauds.
A man might, by the effect of a liberal application
of rouge mistake an old woman for a young one.—
Verdict for the plaintiff to the amount of the demand.

LAIR COURTS IN WISTIIINSTIK- HALLeIt will be
recollected, that inconsequence of the ;preparations
for the KING'S Coronation, the Courts of Chancery
and King's Bench, in Westminster Hall, were taken,
down to make room for that ceremony, and that a
Bill was subsequently introduced to Parliament to
enable the Judges of the Court of King's Bench to
hold Sittings in other places than that of the « Great
Chamber in Westminster Hall." It is, however, now
ascertained, that although the Sittings at Nisi Prins
may be held elsewhere, the actual business of Term
mast, by old Charter, be transacted in some Cham-
ber within the Hall. n consequence of which, a new
Court must be erected ; orders to that effect have
been issued, and that it shall be begun immediately,
that it may be in readiness to receive the Judges on
the 6th day of next month, the Term commencing
on that day.
Tuesday night, a trunk, containing valuable wear-
ing apparel, was cut from behind the carriage of
Lady HARR= CRIGUESTIIR, in Piccadilly: