The Statesman.
London, England, 1821-06-06 00:00:00

LAW 14i1751.141u6vt.c.
COURT OP KINO'd BENCH. Jinn b.
'E&Rose: Sittisgs filter Easter Tens, Wows the Lord
Justice.

DAVIS S. SHAW.
This was an action for words importing that the
p'aistiff was a thief.
31r. SCARLETT and Mr. HI/Tennant, were for the
ri.,iatiff. It appeared that the plaintiff was Captain's
et ward of the ship Mangles, on a voyage from the
1:14t Indies, with several passengers, among whom was
%Le defendant, an Officer of Light Dragoons. About
month previously to the vessel arriving in the Chan-
nel, it was agreed among the passengers to give the
plaintiff a donceur of one pound each, for his attend-
ant• during the voyage. When she arrived in the
river one of the passengers proposed that the money
shorsid be then paid, when the defendant refused to
!, lbw-vibe, saving of and concerning the plaintiff,
he is a thief—be has stolen my gun• In conse-
h•x►nce of this imputation, the ether passengers, twelve
or fifteen in number, refused to subscribe, and the
plaintiff now brought his action, declaring for special

;damage.
The wawa., and the special damage were clearly
proved; there being no defence.
The Jury found for the plaintiff, damages 1001.
HILTON O. TAMKRID.
The plaintiff in this case was a wine and spirit-mer-
chant, and the defendant a gentleman of the profession
holding a situation in the Six Clerks Office. The
action was to recover 161. 7s. for wine and spirits
sropplied to him in January and February last. The
delivery was proved, and when the defendant was ap-
plied to for payment, he said one dozen of the wine
was furnished to a friend of his, but afterwards ac-
knowledged his liability. The defence was, that six
months, the time of credit, had not expired when the
action was brought, and further, that at the time the
goods were ordered, the defendant was a minor. No-
tice of that circumstance was given to the plaintiff at
the time the order was given. A tientleonan named
Benson, in whose house the defendant resided, stated
to the plaintiff that it was necessary six months credit
(should be given, as the defendant would not be of age
till that period had expired. The goods were fur-
nished in January and February, and the action brought
in April. The frienps of the defendant load sincc of-
f►red to pay the debt, but refused to pay costs, con-
..itlerirg the action improperly brought.—The plain-
tiff was nonsnited.

JACOBS P. JONES.
This was an action of assault. The plaintiff was a
glass-dealer, in Charlcs•strect, Soho; the defendant a
wharfinger's clerk. The latter had called upun the
former fur *settlement of account. Some words arose
as to the amount of the money dne ; the plaintiff gare
the defendant the He, and the latter immediately
knocked him down, and otherwise brat him.
Mr. nuartEr was for the plaintiff, and Mr. PLATT
for the defendant.—Verdict for ti►e plaintiff—Da-
wages 30s.

COURT OF OF EXCHEQUER, Jung I.

esweLL r. Davis.
This was an action to recover the sum of 20/. paid
by the plaintiff for the defendant's use and on his ac-
count, upon and through the medium of a Bill of ee-
cl•snge, drawn by the defendant, upon the plain-
tiff, payable eighteen months after date, to the
defendant's order. The circumstances of the case
were the following:—ln 1819, Mr. Sewell, who was
in trade, became so much embarrassed that he was
under the necessity of calling his creditors together,'
and making them an offer of a composition of five
shillings in the pound on the amount of their debt'.
The creditors agreed to this offer, and among them
was this present defendant. A deed of composition
was in consequence drawn tip and executed by the
viler part of his creditors. Upon coming to the
defendant, however, he refused to sign unless he receiv-
ed the composition of ss. and acceptances for 15s.
la the remainder of his debt. The plaintiff some time
vsisted this demand ; but at length, finding he had
no alternative, consented to give the defendant
F• acceptances for the remaining lss. by bills at 19
ronths and two years and a half. The first of these
bills fell due in August last, and being in the bands of
P third person, for a valuable consideration, before the
bill became due the plaintiff was compelled to pay the
•are, which he did, after an arrest ; and to recover
t;:lt slim the present action was brought.
The case bring ably argued by the Counsel on both
sides, the Cuter &mot, on looking at the deed, was
uf opinion that the Bill, extorted in the way in which'
it was, was a fraud upon the rest of the creditors, and
therefore invalid ; and the plaintiff, having subse-
quently paid the amount to a third person, was en-
titled to a verdict, as money paid to the defendant.
The Jury accordingly found a verdict for the plaintiff
to the amount of the Bill so paid. '
CONSIVrORY-COURT. Jests 6.

•TLMIRR C. AYLMER.
This was a suit of divorce of separation, by reason
of adultery, promoted by the wife against the bus-
html. The marriage and identity of the parties were
fully proved. The husband was an officer in the
army, and married in the year 1820, a young lady,
by whom a sum of money bad been advanced towards
the payment of his debts. Before this connexion he
had formed an adulterons intercourse with a female of
the name of Morgan ; and within a very few months
after his matrimonial union he returned to shis con-
nexion, in which be has since continued %olive.
The Judge pronounced the sentence.
LANOMET V. LABORTZ.
This was a similar suit promoted by the husband, a
French cook, and restaurateur, against his wife. The
history of the adulterous intercourse between Aladame
'Aborts and a Lieutenant Bland was by no means de-
ficient in its details ; but as farther evidence was con-
sidered to be wantingin order Hs establish the identity i
olds* Parties, the ease was directed to stand'imor till
neat session, in order to anew time to supply it.
Tsi MARQVIIIIS OT DONSGAL C. MAT, PALSILT CALLID
Tat MARCNIONUIS of MONZGAL..
Ii the ease of the • Marquess against the .Mat-
daemon of Donegal one witness was permitted to he
estotaboed, de lame ewe, ad et the reviler and ordinary
mom, ars, vrhhowt 'Howler dote eIS addlibieter twitter
the custoesarylMerregatoriet. This eittorptioli fat
d..feaded by Dr. Phillitnore and Dt. 'frier, Adiaihi ti