The Statesman.
London, England, 1809-12-22 00:00:00

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Another witness, -foreman to a rope-maker,
'swore it was of excellent quality. But—
The ATTOIR/lET-PZNERAt. OliierVed, that this
defence was a surprise upon the Plaintiff, whit had
*sever heard until (bit instant, that the quality of
the help was to be disputed, and therefore did
nut cone prepared with proofs, of which, how.
ever, he had abundance on that head, and there-
fore, rather than risk the cause upon his present
imperfect materials, he would submit to a nun-
suit, and bring another action.
Lord ELLENBOROUGH observed, that if this
Icfence was matter of surprise to the Plaintiff, the
Attorney-General was taking a prudent course.
Plaintiff nonsuited.
FLINT V. JENNINGS AND OTIIIIIS.

The Arconsrer-GESEItAL stated this to be an
action simil,nr to the last, and then sta:ed the par-
ticulars of it, after which it appeared in evidences
that the Defendants hid written a letter to Messrs.
Key, Freshfield, and Cu. Plaintiffs' attornies,
importing that they had one objection to litigate
this question ; but to sfiew the fairness of their
disposition, they declared, that if the broker,
Mr. Forrester, who had transacted this business
between the parties, would declare that this hemp
was Riga hemp, of merchantable quality, and
'would undertake to sell it for them as such, they
would accept it, and pay for it by a bill of three
months, accrolling to the usual stipulations, and
the agreement made in this case.
Mr. Forrester swore it was of the quality stated
by the Plaintiff, and that he would so sell it to the
best friend he had in the world, for he had ex.
amine(' it minutely, it vas equal to any imported
this season, of which he hau frequently told the
Defendants upon Change, and six times in Court
this day.
Mr. Next, on the part of the Defendants, said,
there must be some mistake in this, for he was in.
structtal to call witnesses to prove it was nothiog
like this quality ; but
Lord ELLENBOROUGII observed, that this letter
of the Defendants eras binding upon. them ; the
very person to whom they referred the decision
of their cause having determined it against them ;
and that was
°absolutely bitolim; on them, in the
same manner as when a person undertook, that if
another would make an affidavit of a debt, he
would pay it him. Had there been a special
count In the declaration upon the contents of this
I letter, jt would be absolutely conclusive on them.
And here, even in the present form of the eta-
ration, it was so much so, that it would be Wilms.
sails to contend principally against it.
Mr. PA.Ra a said, be really thought that the wit.
ness mast have seen some other than the hemp in
question : spun which
The ATTORNIT.GENim A L agreed to take a ver-
dict for thu sum demaudt:d, but not to enforce it,
unless the broker, Mr. Forrester, who shall look
at the commodity again: shall certify as he now
does. Verdict fur the Plain tilf—d4mJges 319-51.
51. Bd.

COURT OF COMMON PLE IS, CC I.DIALL,

Thar:day; Dcc.

BEFORE •IR ALAN CHJINSRE.

OSWALD D. GARDINEtt. 11011 BCD tLF OF 11111 $U
PIRO OFFICE.

This was an actior. ow* policy of intiorsement,
brought by the Plaintiff, whe is a currier and lea-
ther-seller, residing at Kin's-place, Stone's end,
in the Borough, against the Proprietors of the
Sun Fire Office, to recover a suns of 4ill. 81
the value of goods and F:0(+ in trade, alleg.:d to
have been burnt on the 4th of February last, in
consequence of an accidental 'lire on the premises
of the Plaintiff.
On the part of the Plaintiff, several witnesses
were called, who proved the extent of biisiuess
he carried on, and also the circumstance of (heir
having furnished him with large quantities of lea.
ther of various descriptions, n short time antece-
dent to the conflagration in his warehouse. The
affidavit of the Plaintiff as to the extent ,of his
losses was also produced, together n ith proofs of
the °enemata' of the fire un the night already
specified.
The case for the Plaintiff having been closed,
Mr. Serjeant Laves, after an ingenious speech, in,
justification of the Defendant's refusal to pay the
demand of the Plaintiff, called a person, named
'Trent, the next-door neighbour of the Plaintiff,
who stated that about half-past one o'clock on
the morning of the sth of February, he heard an
unusual noise of persons running up and down
stairs, and loud talking in the house of the Plain.
tiff, which he at first thought arose from the ill.
nass of some of the family ; he gut up, looked at
his watch, and lay down again, but before he fell
asleep he was alarmed by the wetch•nau, who rap.'
ped loudly at the door and told him that the home
was on fire—he immediately go: up and removed
his family (loan lairs : he then understood there
was a fire its the premises of (Ili: Plaintiff, and on
looking through the key-hole of the warehouse,
it was apparently in A ones. The Plaintiff
shortly after opened the street door, and said his
house was in a blaze ; lie was completety dressed,
had on his handkerchief, apron, and boots. Wit.
ness said he wanted to go iu to see the state of (he
fire, but the Plaintid said it was impossible.—
Witness however persisted, and with an oath de.
manded admission ; the Plaintiff then gave way,
and allowed him to pass. On entering the ware.
house frum whence the smoke was issuing, he
perceived a cask of oil on fire, the }trees of
which ascended to the ceiling, and were burning
very fiercely. IVitness immediately seized part
of an old spout, which threw eater from three
butts which Isere in the yard, nearly full. A led.
ger of his, named Poole, awn came to his assist.
ance, and having procured a bucket, they satin.
guished the times in less than twenty miuntes, the
supply of water in the butts having bees more
than sufficient to answer the purpose. They the 6
proceeded to examine the injury that had been
done, bait could not perceive that the fire had ex.
tended further than the ceiling, in which it burnt
a hole about eighteen inches in diameter. He had
nut seen any great quantity of leather in the ware.
house, and what he did see %VAS not injured by
the flames. la the room over the warchuuse, the