The Statesman.
London, England, 1818-07-10 00:00:00

GORDON V. GORDON.

His honour the MASTER of the Rotas gave his
judgment upon the motion for a new trial.
This case was originally brought before the late
Master of the Rolls, upon a question of legitimacy ;
namely, whether Mr. Harry Gordon, or Mr. James
Gordon, was the .eldest legitimate son of the late
Colonel Gordon and Hannah, his wife. Colonel
Gordon waa alleged to have been privately married
in 1755, sad again publicly married in 1763. Mr.
James Gordon was born after the public marriage,
and Mr. Harry Gorden in the interval between 1755
and 1763, tud the circumstance, of the case depending
upon the weight of evidence, Sir W. Grant directed
an issue, which was tried in the Court of 'Common
Pleas, the verdict of the Jury establishing the private
marriage, end consequently 414 .legitituscy of Mr.
Harry Gordon. Mr. James 'Arden then brought
forward this motion for a net ratii, when the case
was ably argued by Mr. Serjeant'fiest and Mr. Cur-
wood fur the Defendant; and by Mr. Serjeant Lens
for the Plaintiff.

His HONOUR entered at great length into theses..
ral facts, and seeing no reason to impeach the vet-
diet of the Jury, or the doctrine of the law as laid
by the Learned Jude (Mr. Justice Park) who tried
the cause, was of opinion, that nothing bad been ad-
vanced in the course of the preaent application which
afforded grounds for granting a new trial.—Motion
refused.

COURT OF KING'S BENCH, Jove 9.
RESET V. BRANDER.
An action on a policy of insurance on the sloop
Atalanta, on a voyage at and from Trieste to Tyke
(the ancient Ithaca), and hark to Trieste. The loss
was averred to have been by perils of the sea.
Mr. Tolima, on the part of the Plaintiff, could
not anticipate the defence; hut causes were esposed
to as many chiggers as ships, and it• was not impos-
sible that he might be cast away. The vessel bad
sailed from Trieste on the latter end of October, and
proceeded on her voyage to Tette, where she look in
a cargo : on her return she was overtaken by a dread.
ful tempest, which drove her on shore, and only two
of the crew were saved by lashing themselves to the
wreck ; the rest were washed if the deck.
He then called a witness of the name of Marshall,
who was on board at the time of the loss, and esta-
blished that part of the Plaintirs case. Cross-exa-
mined, he said, that after the crew (excepting himself
and a boy) mere drowned, she weather mnderated,
and the British Consul from Venice, after heaving
the cargo overboard, procured the Atalanta to be
got off and carried her into Venice. It was, bow.
ever, admitted that notice of abaodoument had been
given to the underwrit,r.
On the part of the D. fondant, Mr. SCARLETT said,
that notwithstanding the skill of the Learned Coon.
sel on the other side, his case would certainly meet
with worse fate than his ship; it was already
aground, and would soon be knocked to pieces in.
stead of being conveyed safely into port. The de-
fence was unanswerable, for at the time the policy
was effected the Plaintiff withheld from the Insurers
most important information, viz. that at that date,
the sth Feb. the Atalanta had been long out of time.
The voyage tinnily insured occupied less than six
weeks, and the owner was is possession of a letter
from his Captain, by which it appeared that she Ives
to sail on the 48th of October; yet, the policy was
not' thought of until the end of January, in the fol.
lowing year. The CORM of the post from Trieste
to London was three weeks, so that had the Ata-
lanta been safe, the Plaintiff must have heard of it
long before the date of the insurance.
Several witnesses were then called to establish this
case, and the letter of the Captain of the Atalanta,
dated 26th October, was put in and read. Conse-
quently the Jary, without a moment's hesitation,
found s verdict for the Defendant.
amnion AND WILLIAM RANDELLO. GAUNTLET CLARKE
AND THOMAS GRAY.
An action for money lent (with various other
coents for money paid) ender the following circa'''.

stances :
. G. Clarke, one of the Defendants, previous to 1812
carried on holiness with a Mr. Whitehead as Black-
.welt-hall-factors: that partnership was diesolied at
(be end of that year, and Clarke continued to trade
in his sole name, and apparently on his own account,
lentil the summer of 1814, when he stopped payment.
In the mean time, however, viz. on the 10th of Sept.
1813, he entered into swot articles of partnership
with the other Defendant, a Gentleman residing
at Cheltenham. It was stipulated that the name of
Gauntlet Clarke only should appear in the firm ;
that each party was to bring in a capital of 10,0001.,
and that Gray at tke end of • year, if he saw rea.
ion,, phould be allowed to retire, under certain con-
dillgos: otherwise the partnership was to continue
Ifor 14.,years, unless one of the partners gave six
mtenthsi!in writing, and made the other a compensa.
Ass of 20001. Before the dissolution of the part.'
sevehip between Clarke and Whitehead, Clarke had
bespet s considerable dealer in accommodation bills,
and he continued the practice after that dissolution,
andafter the signature of the new articles between,
biemelf and Gray. He was in the habit of raising
moneyiw thiv•way among the merchants and trailer.
men with whom he did business, and among 'others
with Maunds and Stocker, drapers, to the extent of
20001. per month. Frei the Plaintiffs he.preinied
assistance also by two hilt., both dated tkefffit of
March, 1814; the one for 8001., trod the o r for
I
47,81.5.8 d. This transaction,. it will be 'teet 'by a
csuipecian 01 tist, was sabseqszat to his *.
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