The Statesman.
London, England, 1818-12-17 00:00:00

ment, which the Defeo/tarsi saspectell was oil a good
`one ; he accordingly satlst. opt to pt, change, ernssliti
'enquiries about the
i ttelp at the beadle's. Moot 1114
;tame tink., his treitee memn to took for the beadle at
the oalek,bottio, fed, not finding him, meadow, to
taco afiettlf;"it• 11101M.prrifilt that there was 01 ees-
pirious,opte in Sernester's bees*.
... .
The to oofrKerA intsntcliately folio iiili; las sae
of thilaX Po!! stated), epon their,.... piece motion,
snd .withootorderafrom ony brelinspeaotosny they
1901c.the,Plaitstiff intosostodyoarleeked him op in
4he wetch.hoestal) eight..
.The wtel4tritedsolat to
itffl PNOll...epl the Plairstiff now
.be this action
apinatAlenetsso, ontheirotostl Ole he bad pro.
cered ti Alcor, to take the ?WOW into cestedy.
However, it ;quid ont hp pnitlrd, either that the De-
fendant had given 'ay orilers .to the officers, or that
be was area present in tkolemes when the Plaintiff
was taken, The latter weo, trserefore aonsuited.
amanitas of oArcutT AND IMANS i. CARYBIL AND
cloist;ql lig .1. , PICATN,, .
Thif,sreg •ps "ellen to recover the value of good
gold pal 6101prered oo . the value of a bill for 7001 i
~ by,Dyfendants in lamer of the bankropta.
..Oakley and Erupt wet* ephoisterent I.
i . street. la the. end of May last they hard I
V-
We resentity of woollen cloths in the heads of
Rawlios,and Foy, fine dressers, to be made tip toe
the Louden market. Daring this time they sold the,
goods .t Messrs. Carver and Peale, Baughall•streett '
to whom they were ell delivered, afteribeiatienso,
by Rawlins and Foy, from time to Woe before Ohl
end of Jane. Moat the same time Plaintiffs stoppol'
payment, baring in their hands a bidiot 7001. ac.
.cepted in their Nvour by Defendants, in part pop
.ment of the goods. l'revioos to they stoppage, till
application was made by Defendants to Oakley eeti,
Evans to give op
.their acceptance, in consideratiell
of having the goods returned. They consented.—
The bill was put into the hands of Rawlins. Foy,
his partner, took it with hie cart to Basinghall.street ;
met one of the partners in the street, gave him the
bill, and was desired to. go round with his cart to
the warehouse, where the cloths would be delivered
to him. Went to the warehease, bet could not get
the cloths, as neither partner was there; called at
their house several times, and lass ..at length told
they had resolved to keep both bill and cloths, and
be answerable far the consequences. A. docket was
struck against Oahley end Evans the 4d July, and
as Defendants adhered to their resolution,. the assig-
nees were compelled to bring the present action.
!Elm.• ltaw lila proved the delivery of the cloths to
carver and Peate, and estimated their valets at
war 9001. .
tiigz- , pithier to last witness, valued them at. 9081.
Counsel for the Defendants did got attempt
to justify their conduct; the only question, therefore,
related to the amount of the damages, which they
contended, should be greatly reduced, and for that
purpose, called the Wowing witnesses:-
---. Randall, clerk to Carver and Prate, rem's-
bered the goods being sent for sale from his em.
ployers to Kepden and Pirketsgill ; made a valtsation
of them previously, to which he was perfectly com-
petent ; did not consider them to be worth more
than 6001. or 5501. at the utmost. They were soot
out in as good condition as they were received.
Job ton, clerk to Kepden and Pickeragill,
recolleclairtio cloths being received the 7th 3,sy,
from Carter end P.ste's; the greatest parawf theca
134. ship *Mt t01d'•t3ti11f4t9,0015220.a672141414111Ne
seime.of tbereosairofer is 721. tits.
The 'Noce told the Jery the simple questioo for
their cousuleration was, what was the value of the
cloths? It was fur them to consider whether Foy's
testimony was true, in representing them to be worth
80814 or that of the witnesses ne the other side, who
stated their value at 5501. or 6501.
Verdict for Plaintiffs fur 9081.
--....

, •

COURT OF comipp, PLEAS. Du. It
PRONTING i.isAMMOND.
ThePleintiff, a foreigner, had been owner of tit*
iltip Dolphin, and having been obliged to borrow a
res of money, lie bad obtained it from the Defend-
ant, an insurance-broker, upon giving him as. twee.
,rety, • power of Salta of his ship. The Defendant
afterwards ihip to Patrick Grant for 1.4001.
`rile present action was brought to recover the sus.
pies of tbs 1,4001. above the aim given by the De-
fsiedinf,to.the Plaintiff. It was proved in evidence,
tlialhpsiliCation' Was Made to the Defendant for his
Iteeeent, *WIlb the Plaintiff immediately after the sale,
asiflt)te he did not then give it. Defendant admitted
.toolut witness that he bed given to the Plaintiff only
IPetfrreilfiDOl. and 41:101. ..and to another witness that
awed to the PhiloUlf or his creditors (for the
Pimplier's affairs ad
~ta have at this time been in
confeeten) front 99014
,101k11.
Seijeent Copt.9r, for the Defendant, con-
tended, thatibis action could not be maintained,
•. •
,Sinee *m yes no,, evA4e,..nce produced of the ship
baying ever been 14 00$111Pseion of the Plaintiff. The
hem! was not evidence; for by: the• Register Act no ,
evikence of
.property in a ship could be received but I
the registattion. In 'import of this doctrine, he re.;
ferred to Lord
_chief jastice Abbot'. Treatise, and
to one or two mils " Ay. If A, B, end C bs
partners in a ship,,.apd A Ated B eery are registered
as the owners, ;tarot etiiitain as action to re.
cover a third of the profits.
Mr. Potat.dcg fokowea on' the' sortieside ' • and
forth', that no definite sum was proved by
the Plaintiff, and that be had in fact established uo
ground of action.
Mr. Serieant VsScataiit rose to,reply.
, • Cause JUSTIM—Yoie wind not trouble yeerself.
Whatever the law may be,
aqi whatever may have
. been the grounds of the cos" referred to, there can.
.oat be i doubt where tbe. jeldue of the case lies.—
Hese is a broker wooshOlds ils• his pcisgession several,
hundred, pounde.,!,l!. Kogan, of a foreign weriner..
The only consideration, whether the Defendoet'sad.
mission of holdlegsisoney in his hands belonging to
the Ptslittift, is Tat, by the technical objection as to
the regiitry. Brother Copley, you can move on all
,
thes!g!9ll,laqP• r •
plii,pr...—Yes, my Lord ; aed for •
specific to tote jhe eel.), mode is to refer that., ‘,..
Nlr. Serjei O
!i VGUallt ohiPited that that wslela
Create' thpiay. replied, the( the verdict cooid.,
not take ct nest Term, aidthe reference would
be disposeileffe of by that time,
Verdict for the Pkietilf), subject to a referent/VI