The Statesman.
London, England, 1824-01-29 00:00:00

COURT OF KING'S BENCII.—YEaTERDAT.
DEPOSIT OF FoREION BONDS.
PORTALIS r. AGABSI2 AND CO.
It will be recollected that this was an action fur the
recovery of a bond for a Prussian loan, deposited with the
defendants, as security for an advance of money by the
Broker of Count Portalio, without authority from the
Count. The Jury bad found for the defendants.
Mr. ATTORNEY-GENERAL obtained a rule to show cause
why a new trial should not be granted.
TRANSFER TICKETS.

MAWS, V. WATSON.
lilr. ATToastair-fig:vestat. moved for a rule to show
cause why the verdict for the plaintiff should not be pet
aside, and a new trial grante I. It had been an action in
trover against the defendant, a wharfinger, for non-deli-
very of a large quantity of tallow bought by the plaintiff,
from Messrs. hi:titherly anti Bell. The whole of the tallow
was transferred io the defendant's books to the name of the
plaintiff. A part was weighed and eelivered; bat Messrs.
Alsoberly and Bell, having' become insolvent, the delivery
of the remainder was stopt by order of Mr. Raikes, who
had sold the tallow to Messrs. Mauberley and. Bell, and
had not been paid. For the delivery of this tallow, the
action had been bronglit, and the Jury bad found their
verdict for the plaintiff.
The argument on which the rule was sow moved for
was, that Messrs. Mauberly and Bell had never weighed
the goods. and never paid for them, and had therefore
done no act which took the property out of Mr. Raikes;
that the plaintiff had not weighed the goods, and had not
therefore acquired the property of the goo Is.
The LORD Cow JUSTICE was of opinion. that inch a
stoppage of goods in &amity. as was here asked, would
stop a large portion of the commerce of this country. The
plaintiff had paid for the goods, and if he could not
recover them, an innocent man would be unjustly deprived
of his money.
Mr. Justice BAYLET considered this case of sale by a
sendee to a vendee very different from a question as
between vendor anti vendee. No ground existed for
stopping the course of the goods into the possession of
the plaintiff:
Mr. Justice 1101.ROTD thought the note of the defend-
ant to the plaintiff, communicating that the goods were
transferred to him, put an end to all questions in this

case.
Mr. Justice MEET said that the note referred to by
his brother liolroyd, put an end to the question, if there
were any question in the case. Ile thought there was
not.—Rule refused.
Tilt KING 0. aussELL;
Mr. BRoUGHADI moved for a rule to remove the trial of
this question to another county. It was an indictment
against Wm. Russell. Esq and twelve others, for certain
constructicns in the River Tyne, and es the Special Jury
would be struck from coal-owners and gentlemen interested.
this motion was made upon affidavit, that an impartial
trial could not be obtained.
The LORD CHIBP Jusrica.-15 there any particular
county to which you wish to have it removed ?
Mr. liaounaast.—We would wish the County of York.
The Conti Cuser JUSTICE.—Take a rule, and let the
Coun:y of York he named in it.
The LoaD Cuter JUSTICe postponed farther motions
till to-morrow. and sat at Nisi Prius.with a Special Jary.
MORTON V. Nil:4lll7T AND ANOTHER.
This action was brought by Captain Morton, a military
officer, against the owners of an East Indiatnan, named
the Apollo, to recover a compensation in damages, for
a loss sustained by the negligence of the defendant's
servants.
The plaintiff alleged in his declaration, that having be-
come a passenger on board the Apollo, at Madras, the ship
was lost by negligence, and thereby he was put to the ex-
pense of finding a passage home which amounted to 1201.
It appeared that Captain Morton took his passage early is
1523, on board the Apollo, of which Captain Tenant was
Alaster, to be conveyed from Madras to England. The
passengers consisted of 26 persons, most of whom were
military officers. On April 16th the ship arrived off 'Fable
Bay, at the Cape of (hod Rope. The weather was fine,
with a breeze from S.E. t the ship sailed at the rate of
three or four knots. On tacking to weather Robin Island
and the Whale Rock, the ship struck upon Oreen Point,
a rock well known in the charts. She was stretching
across Table Rey, with her bead to the land, at the time
the accident happened, and the object was to bring the
ship to the anchorage. The Captain and chief mate were
off the deck at the time, and the witnesses imputed negli-
gence. When the Captain came up, he said the mate,
who bad charge of the watch, had run the ship ashore,
and it was further stated that he dill not exert himself to
get her off ; on the contrary, be refused to avail I
himself of the assistance offered by several boats
which came off on hearing distress guns fired. The
passengers were safely landed. The next day the weather
grew bad, and destroyed the ship, The plaintiff not only
lost part of his baggage, but was obliged to go over land
to Simon's Ray, and take apassate in another ship to
England. Under the above circumstances be sought to ob-
tain a return of the expense he had incurred in consequence
of the loss of the ship by negligence. The representation on
the part of the defendants was, that all was done by the
Captain and officers of the ship that could be dote. At the
time the ship struck there was a fog, not uncommon off the
Cape; which bad the effect of making objects appear at a
greater distance than they really were. There had been
what the Captain termed an illusion In the atmosphere all
the lag, and.at the moment the ship touched the rock, he
thought he was a mile and a half from land. The fog or
haze obsored the low land but left the high laud visible,
apparel at • great distance.
A enitalaer of seamen proved that the Captain had done
all OUR conlil be done.
After the cause had occupied the attention of the Lord
Chief Justice nine hours, the Jury found a verdict for the
Plaintilf.—Ounagee, 120/.