The Statesman.
London, England, 1810-08-07 00:00:00

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L4W INTELLIGENCE.
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MORT. 01 XING'S OENCR, Alteavr 6.‘ '''a
Silting: at Nisi Prias, .60)re •Lbra-htt81(10*
mms!, at Guildhall.
A COMPOSITION SOLO FOR PORT--tint,
esv_.; .; r •
CORYIIII OAT.I.
This was an action brought PeehteF:ll4
amount of the loss sustained by fheDtfenilantle
not having fulfilled his contract with the Plain.
tiff, the Defendant having contradtedita sell' OW.
tern pipes of port wine, ivhile this endtmodity
livered was not port wine, but of a eery inferior
quality.
The ATTORNET-GENFRArp atatcd the contract.
Among other articles, he ennlra.eted to sell to chat
Plaintiff-13 pipes of port wine, at 371. per pipe,
the Plaintiff paying the duties. The nine • was
not port wine, nor did it taste like it, but Wag
composition called Guernsey red wine, which was
not worth more than 281. per pipe; He they'd
prove that the Defendant knew, when it was sold
to the Plaintiff as port wino,, that it was nothing
more than Guernsey red wine, he (the Defendant)
having bought it as such. The wine tkivered was
composition of every thing in the world that was
of a bad quality, and of a red 'hue! Hu could
IWO easily tell what the composition law not,
than what it was. It was nut port wine, nor was
it in any way like it, either In testa or
it was impossible to tell what it was and in that
respect it was something like the far-famed specifit
fertile gout, called :'eau medicinal", Vie Ingre.
clients of which eau were unknown to any pencils
bit the manufacturer ! There was a difereneei,
very probably, between this Pews otedicinale
and the Guernsey red wine; the latter, most
likely,. not having the property of curing the
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gout 1 •4
The contract was than read, which called the 2s-
- of wine port wine.
Mr. liarboine, a broker, deposed, that he sold
a quantity of the same sort of wine for the De:
fondant to a Mr. Drewry, as port wine, which,
on receiving, he immediately returned, finding k
to be nothing more than Guernsey red wine, which
was then selling at 281. Witness understood that
Sir. Currie tasted thu wine at the docks, Worn
he bought it.
In answer to a question from Lord' Ellenbo.
rough, the witness said, the wine called Otterttgey
red wine las partly French red wine, but altoge.
thur was such a mixture as lie could not describe,
though he was certain that there was DU pot !in"
among it.
• Mr. Reynolds, a -wioe.lprokert aanyined the
wine in question, at the request of 'Mi.
and found it to be wine of is veryiin (crier quality,
and to which he could not give a name ; it was Of
a nondescript species, though he admitted it WI
all sorts of names, some calling it Guerniey red.
wine.

Lord Etrernortouon.-..-4‘ If yon were asked
what sort of wine you called that fold to the Plain,.
tiff, what would yes say ?" •
Mr. 'fernery red wine."- •
ford you were asked whether it wits
port wise, what' would yes say
Mr. R.—". Isfue
Mr. Bradley 'prOsed that (he wine In qnestirl
was part of some wine Impurted as Glersisey
wine, and sold to Mi. Day as inch
Lord 14LeNsonoecit observed,' that- the Eb.!
Pendant deicribid the Wait toile deliVerell to tho
Plaintiff as port wine; therefOre he hisil'q right A.
assume 'it as such when he tested it ; aunt If tbq
wino delivered were nut
-port wine, the Defendant
bad not fUlfilled his contract; thirtioreihe Plain.
tiff was entitled to a eerdidt. • '
The fury returned a verdict for the fiaintiff for
1171. bang • the difference between the prices of
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port wine and that delivered: •
Lord 'LLEIBOROUGH, on 'learning that the
Plaintiff inteaided to keep the Guernsey-red wines
observed to the Plaititire Getesoli 014 thew
you knout what to do with it!"
• HARD? V. I.l.s?Sis Men CON. •
This was inaction toricirver 11081.'175.
the &mania of coffee sold and delivered tts the 1),./.:
remnants: . •
'- It 1/2pposrtil, that the Plaintiff efposeil to pale
'by' peddle auctiod, great crialwities'of cotteie„
'Garrawari, on the '421 May last, and that. 01,
4.!;.•ftlitlatits ptirdiased iota Uflarna .leeti coffee at
such sale. • • f• •
Mr. Bishops the broker:who !old the coffee its
question, acktionledged that inquipies were-mai;
'aft the lime of the sale, to know' whothr any dr
the bags of damaged 'coffee had been rilaielted
nand that he answered, he did not know--he
knew nothing about them--41tat he sold them *ith
1111 feiiltsl give no warrantry, 'lnd tht the beyel
;isust take theni as they found them, tbe'goods
'being sold fur- the benefit of underwritees—they
'.relit give what they pleased *fur the goods,
they could not' warrant them: The coffee Was
Werehoesed in the West India Dock Coniospei
warehouses, who, on the 13teit' of tge riceipis
which they gave, had charged, eliPecifledOn that
backs of the said receipt., I sum of 601. 'altogethee
for new bags, 'to repatic the damaged coffee, and
•Witoeis had' paid g§, money for such stewing/if
andrrplekages.
The ATTORNIII( caMtaf, el the part of thq
Derendani, here Inteiposisd..!: •He ie bmi tied- thit •
the Plaintiftmiast be eon..suited, as their 'accrediteiC
i agent had sold goods that had been repaCked,'anit
for which repaeltirig he hid paid the' est
-Hoek 'Poniptiny, While' he stated to the buYer4
when asked if the coffee were fit the Ohl bag!, that
;he did not knots Iti being repaCked.. IXsosaga
*Wee, repacked, was not worth &byre two-thir4
/rwhaa It is when la the old bags, atV4 thit, toe
'"fur this reason t—Whan coffee, damaged' by thi
pi, re,miiaed is the- Ord bags, there *as a fejt
'twat thence of gliding a iltiat portion Of ienut
the sea' haying probe:4l,oy al'.'
' the corner, of the pa _a t. bit if, Ort
*Contrary, this' coffee was repacked, it got so wish{*
the operation, that iR was O i Ott to mposOlbl•
'*rate' the good' troth the (*lifted. Tizatc*
fqr the deprjtciation in .4111oe'of d
,Age when repacltesii: ' • • •
• Mr. Ganctow• 'Contended, on the part of the
Plaintiff, that the sale Was stitch is ongiso u• fi
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