The Statesman.
London, England, 1812-07-17 00:00:00

LAW ityI'ELLIgENUK.

--esewee-.
COURT OF KINGS BENCH, LIU ILDH ALL. AMY 111.
torr ERIL V. ROYAL LICIT INGIS MUIR %NCR COMPANY.,
This was an action upon a policy of insurance at
two g'dneas per cent. onlBo pigs, by the Joyce, from
Waterford to Bristol, valued at 9001. free of parti-
cular average. The total loss was admitted ; but
the defence was a misrepresentntion,in stating the Cap-
tale's name to be Rogers, whereas it was Ryan.—
The Plaintiff's son testified on• behalf of his father,
that he effected the insurance at the Defendants' office,
in consequence of a letter of particulars, which,
though it was very short, he copied on .a slip of paper
and delivered to the Defendants' Agent. This slip
was not preserved by the Defendants, as it was their
custom not to do so; so that it couli not be seen in
what Captain's name that slip was delivered in ; but
the slip delivered from the Defendants. to the Plain-
tiff's son, on effecting the policy, contained the
i'am of !lingers as that of the Captain of the ship in-
sured; and the Gentleman who effected the insurance
en behalf of the tlefen 'ants (called by them) testified
that that was the name propounded to them ; and
that if the Plaintiff had proposed on insurance upon
the Joyce.C.lpt. Ryan, it would not have hem, accept-
ed at any premium, since some suspicion hung upon
that vessel, which was entered in one book, the
Joie, Captain Rion, 1 2, and in another the Joyce,
Captain Ryan, 1 1, which was too inferior a class
of ship for the Defendants to meddle with. It was
also protvel, that Rogers was the name of one of the
owners of the ship; and that the Defendant; could
have known nothing of that name, so theft it must have
originated [rem the Plaintiff's A.xent.. Another wit-
ness for the Defendants proved, that about three
yeas ago, the Defendants refused to effect an in-
surance with the house of Cuff, Dickenson and Co.
upon the ship Joyce, Captain Ryan; and Mr. Ellis,
the broker, proved, that he had never offered the
Defendants a ship of .0 inferior a class ; but that he
thought he could hare effected this insurance at
Lloyd's for a guinea and-a-half, or two guineas per
tent. The Captain's name being the essential induce-
ment to the Defendants to insure, and its represen-
tation as Rogers or Ryan, being the material circum-
Nance upon which they would have insured or not.
Lord ELLEYROR )uai of course held, that the
',Hera, printed word, in the policy, protecting va-
riatitecs of name did net esteed to the present case.
The Jury, after retiring for three lieurs and a
half, found their verdict for the Defendants, recom-
mending them, nevertheless, to divide the loss with
the Plaintiff.
CUM DICKENSON, AND CO. V. TEYN.
This was an action to recover a balance of 1531.45.
, which was the loss arising from the sale of 300 hogs
of goeil, sweet, singed, sizeable bacon, which the
Defendant hid contracted to purchase at 691. per
car.; bet, in consequence of a fall in the market,
Lad refused to take, denying the contract. As the
commodity was perished., the parties had agreed,
that it should be sold, at such prices as it might then
fo•elc ; and the action be brought for the difference.
The Pia'',' ith's had. on a former occasion, recovered a
verdict in this action; bet in cow:: Recce of a flaw'
in the declaration, that verdict had been set aside on
s writ of error; and having now again proved their
ca e,
• Mr. NI ARRY AT, for the Defendant, said, that the
hew eeents in the declaration alleged a waver of a
pre-ezi:i.cg contract for an immedia:e delivery, on
the 241 of July, and a new contract, allowing a yea-
&Amble time for the delivery : his objection was,
that the Plaintiffs could not superinduce parole evi-
dence up"i a wri :etc contract ; and he referred to
the else where consent to renew a hill of two months,
two Months more, was rejected, as turning a bill of
two months Wet:me of four.
Lord Eimeamteroct said; that that was very
different from an agreceneut by parole to postpone
the period of delivery mentioned in a written con-
tract, which surely might be done. The contract for
silo stood exactly the same, only the period of deli-
very was waved.
Mr. MARRY lT declined offering any evidence,
meaning to take the belie& of the law at a future
opportunity, and the Plaintiffs had a verdict—Da-
mages 1531. Os.

We ere happy at haying it in our power to notice
the following particulars, in addition to the account
-of the brilliant exploit off Bilbon, mentioned in •
former Paper :—.The Row, Sparroio, and Lyra,
were the three brigs attacheil to the squadron.—
Lieutenant 11hrtin, of the latter vessel, haThig been
directed to gather intelligence from the fishermeu on
the coast, landed with only a serjeant of marines,
one private, and two sailors. Peheiving about a
mile distant signals flying on a fort. that active of.-
ficer, with his I.antlful of men, proceeded to the spot,
and having 5(.00 the wouls,.hauled down the colours
with his own hands, brought them off, and we be-
lieve has them still in his possession. Immediately
on their departure, a detachment of about 30 French
cavalry galloped down to the shore; but the " un-
daunted metal" of the gallant few, instead of being
deterred by this bravado, seemed only to gather new
impulse to exertion. Lieutenant Martin, on his get-
ting on board, offered his sertms to destroy the
whole of the forts on that bank'ffrihe river, with 50
melt. 'Twenty-tine were accordingly immediately or-
”ith

• POLICE. •

1•••••••
SCO7X;II S M .ICK S.
ld MUM'S Wharf. /Irvin d.
Eliza (Marshall). Leith 114 July 113 July, —l3 Noon.
Prompt (I)avidconl. do. 12 19). 9, A, Ai.
Perthshire (Henderson), Dun-
dee and Perth I 13 i 19, —9, V. M.

111911 W %TER AT LONDON IL
?darning, 45 , ' tes after 7. 1 ElliMbi I

IDLE THIS I) ty.
I 1 minetra after 11.

GENUIN P. AND APPROVED MLOtiVirS,
Prep,ired by SOLOMON, U.
Weald 11,iuse„ lie... Liverpool. •
CelArated CORDI 1:A I,NI of (3 I LEAD,
for Debilities, Mersin's Dis,iiters, :111,1 :10M55,5
euliar tii the Ferrule Se:, LUnb ..f 4p,m tie. II y.tprle nod Ih.
pitchundriactil Affeetiotis, Limiwss ut Spirits, and ail Nervout
D isordem.

Dr.' S .I.itnan s Cardin' !Wm of Gilead it, h ppilC calculatvd
fir the. Weak, the Sirklt, and Infirm. 11l kit ina aid
Dekility, Liitsne,s of Spirits, We ikneFit in ' ith, r Sex, ss'lctii.t
hereditary, acqiiireilorr owing to Ynail;!al Laprudeace, lies
Medicine will afford the most