The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1832-12-25 00:00:00

On 4pait.

On SATURDAY, the sth January next, at One o'clock, at T. and
H. LITTLEDALE and Co's Office, Exchange_Luildings ,
Li-
verpool,
The wel k n Ship,
A 1 •. 41,.. ELI ern,
*
....... - JAMES LSO N, Master,
'-- - Burthen per register 409 25-94 tons, with all ber ma-
terials, as per inventory ; now lying in the .King's Dock; was
new coppered in December last year, has since undergone every
necessary repair, and may be sent to sea with little or no ex-
pense.—For inventory, and other particulars, apply to .
JOHN BOLTON.

For SALE, -
The New Ship II
1.4 k
Burthen per register 461 tons ilt of the best mate-
rials, and may be sent to sea a a small expense.—For
inventory, &c., apply to DUNCAN GIBB.

For SALE,
The new Barque 111 N lELD,
290 tons register, thoroughly er-fastened, carries
a large cargo, sails fast, and every way an eligible
merchant vessel.-4 or inventory, &c. apply to
DUNCAN GIBB.

COURT OF KING'S BENCH, Gi ILDIIALL, DEC. 20.
CAMPBELL V. RICKARDS AND OTHERS.
This was an action by Mr. Campbell; a merchant at Sydney, New
South Wales, against the defendants, commercial agents, of Leaden-
hall-street, to recover a sum of money, which it was alledged that the
plaintiff had lost through their gross negligence.
It appeared that the plaintiff had written to the defendants desir-
ing them to effect an insurance of £4700, on the cargo of the ship
Cumberland, of which the plaintiff was the owner. 'he letter con-
taining the instructions was inclosed to a gentleman of the name of
Harris, and on the -envelope was written a desire that Mr. Harris
should retain the letter in his possession 30 days before he delivered
it to the defendants, to whom it was addressed by the plaintiff
from New South Wales. Mr. Harris delivered the letter at the expi-
ration of 35 days at the office of the defendants, and informed them
of the contents of the envelope. The defendants afterwards effected
the insurance, but without communicating to the underwriters the
contents of the envelope, or the fact that the letter had been kept
back 35 days. The underwriters resisted payment of the loss, on the
ground, that a material fact had been concealed from them by the
agents, and an action having been brought on the policy, the Court de-
cided that the underwriters were, Under the circumstances, discharged
from their liability. The present action, was therefore, brought against
the agents to recover a compensation in damages for the loss sustained
by the plaintiff through the defendants'• gross neglect.
Mr. Pollock, Mr. Serjeant Jones, and Mr. Follett, who conducted
the plaintiffs' case, called several witnesses—underwriters and insur-
ance-brokers—who stated that • the' information as to the envelope
ought to have been communicated to the underwriters on effecting the
insurance, as it might have altered their view of the,risk.--
Sir J. Scarlett, for the defendants, submitted that there was no case
to go to the jury, as there had been no proof that the vessel had ac-
tually sailed, or that there, had been a valuable cargo, or, in fact, any
cargo shipped,
The learned Judge,.-after hearing .Mr.' Pollock; and some evidence
which he adduced as to the sailing, said he would not stop the case,
but would take a note Of the objection.
Sir J. Scarlett then addressed the jury. He observed that this case,
if the jury decided for the plaintiff, would. be one of peculiar hard-
ship on the defendants. it had not been attempted to lie proved that
the defendants had wilfully withheld the information which it is said
they ought to have communicated, and there were decided cases to
show that the underwriters had a right" to demand only facts from
insurers or their agents, and not collateral-circumstances, which might
arise merely from the fears and weak nerves of owners and shippers.
The defendants, exercising their honest judgment as agents, had not
Considered it necessary to give the infOimation. To entitle the
plaintiff to recover he ought to have proved that the defendantswere
..aware that the information was material to the underwriters; and that
he had desired them to communicate it. • - •
The Lord Chief Justice, on summing up the case to the jury,ob-
served that as it had been already decided that the inforination was
material, they had now only to determine whether the defendants
had or had not been guilty of gross negligence in not giving it to the
underwriters.
The Jury found for the Plaintiff—Damages £4lOO, the-extra pre-
mium paid on the policy being deducted.
HAWES V. FORSTER AND ANOTHER.
This was an action by Messrs.,Hawes, soap-manufacturers, a"ainst
Messrs. Forster and Co., oil-merchants, under these circumstances :
The- plaintiffs in • May, 1830, ordered 80 'tons of palm oil of the
defendants, who undertook that it should be delivered on the 30th of
June following, but they afterwards sold it to another dealer. The
The price rose in the mean time £4 a ton, and the plaintiffs, having
been obliged to buy oil at the increased price, now. brought their
action to recover £320, being the amount of 80 tons at £4 per ton.
The broker who transacted the businesi, and was called to prove
the contract, was desired on his cross-examination to refer to his
hook containing the entry made by him, and on doing so he stated
that, according to that entry, if the ship did not arrive with the oil
on the 30th of June, the contract was not to be carried intoeffect.
Sir J. Searlett objected to this evidence, contending, that the entry
in the broker's book could' not be opposed to the written contract
between the parties for the purpOse of setting it aside.
The Solicitor-General, on the other side, contended, on the autho-
rity of several decided cases which -he cited; that the contract as
entered in the broker's•book- was the. only one binding _on the parties.
That which his learned friend called.the written contract" was only
the bought and sold notes.
Sir J. Searlett Te4trrpd_ to a case in which, he said, Lord Tenderden
had rejected the broker'sbook when an attempt was Made to oppose
it to thewritten' edn'traft.' - • *1 -- • .
The learned Judge • was -of' opinion. that the • book could not be re-
ceived in evidence:
A question then arose as to the production by the defendants of the,
" sold" note,
It was ultimately admitted by 'the Solicitor-General, that if the.
points !of law Were' in favour of the plaintillV they Were entitled to
recover, though he submitted that upon the evidence J.:3 per ton.only
should be the amount of the damages.
• The Jury, - however, found for the plaintiff for the lull. amours
claimed.

Tun PRESS IN THE EAST.—Thete`are in CalCutta five daily
and eight weekly newspapers; six monthly journals; two quarter-
lies, and two annuals.
Mr. JA'sius M'QuEEN, late Editor of the 'Cliegozu Courier,
arrived at, St. John's, Antigua, on Saturday last, from St. Kitt's,
on a tour to Windward. The A,g,ent to Lloyd's hoisted his flag,
and several of the vessels in the harbour displayed their colours,
in compliment to this advocate of the West Indian Proprietors,
t and other demonstrations of regard were shown him on his
landing. He has taken up his sojoUrn with-his countryman,
' Robert Orr, E 9., where he receives numerous, visits from his
friends.—lt is Intended to give him a grand entertainment; by
'subscription, on Thursday next.. Weekly Register, Nov. 6.
THE LAZARETTO AT MALTA.= "-Soon after our arrival, I
.was conducted,to the quarantine harbour, and having landed,
`Was :ushered into a large quadrangular building, enclosing 'a
spacious court-yard; from which a flight of -steps led up to a.
'narrow gallery : this gallery,- which is continued round the in-.
teridr of the building, forms the general outlet 'to the various
chambers fitted to the, reception of those who are .to endure the
Misery of quarantine. Some' huge iron rings suspended by`
' bolts fastened in the wall, about ten or twelve feet above the
stone floor, convey to the unfortunate occupant of each of these
chanibers all the horrors of a prison;' anti the bare whitewashed
walls, bOasting no other ornament, besides'these, thin the ill-
carved names and poetic effusions of those who had preceded
them, are little calculated to. relieVe Min' from the constant in-
clination he feels to ask of himself, What have I done to be
thus incarcerated ? Among other inscriptions,' one in parti-
cular attracted my notice. It was the conjugation of the verb
:" to get out,", preceded by the negative. It ran thus.:' " I
can't get out-7'i hou can'st not get out—He, she, or it, can't
get out,-' Cc. 'This was carefully written in French, Italian,
Spanish,' German, Roniaic, and Arabic, and in most of these
languages most perseveringly 'conjugated through moods and
tenses. X. wooden bedstead, an old table, and a stool which
had stood the brunt of many a day's ill-treatment, 'were' sup-
plied for my use by the clerk of the lazaretto, a most obliging cha-
racter, *lto:welcomes the arrival of any unforfunate stranger tiiih
he secret satisfaction of profiting by him in the hire of his furni-
ture.--My-companiOns in the lazaretto consisted of two officers
Of the British"regiment quartered at Corfu, and two gentlemen
from Constantinople; but each of us being apprehensive of
incurring the penalty of a 'longer Confinement by coming in
contact with each other, our communication was distant, though
courteous, and our appKoach to, each other no nearer than tie
whole ipace Which separated the doors of our respective cells.
A'solitary supper was followed by a night of ill repose. At
length the morning came; it was serene and beantiful; the
sounds of boats passing and repassing, the distant voices of,
sailors busy among the shipping, and, now and then, the noise
_of a solitary
,fOotstep in the gallery, bespoke the business of
the day to be already begun, as I lay upon my wooden couch
speculating on the time I ,should have to pass in this dismal
abode, shut up 'from the world and scenes in wnich I longed
to take'a part. The., lines of Lord Byron were running in my

" Adieu, thou - quarantine
That.gives me fever and the spleen."

and I had already experienced Sufficient to convince me of the
kustness of the noble author's observation, when a messenger
nocked at the door otrny cell,. and brought me the welcome
intelligence that my' application had been successful, and
that a few hours would .set me at liberty. I had felt as a
prisoner, and could not help looking on the intelligence as a
reprieve. The thoughts of being .so soon released recompensed
me for a hasty breakfast ;.. and when the ..happy moment at
rived, I took a distant farewell of my. companions, not without
exciting their surprise at my good,f9rtuxig in leaving the lazar-
etto so soon.''7,—Natt tip/ Magavine, r. 414;. 415.