The Statesman.
London, England, 1810-12-18 00:00:00

-7-

L 41V INTE L LIGE NC;

COURT OF KING'S cc. 17.
Sittings at Nisi Prizes be EIIiENBOROUCH
, 4ildhall. . . .

DI ORATES V. SUM.
This„was an action brought to recover 2421. 2s.
dare and owing front,.a Mr. Wharton nye, for I
goods sold and delivered to him, in consequence of
the good character given of him by the Defendant,
and which character had turned out to be false and
deceitful. The Plaintiff having been induced to .
trust Mr. Rye, from the good representation of .
bin by Mr. Smith, and that representation of hien. .
having turned out to be false, Rye having since be.:
come a bankrupt, the, rlaintiff now sought to re-
cover the amount of the goods• which lie, had deli.
'cored to Rye, from the Defendant.
Mr. TOPPING stated the ease at some length.
From his statement it appeared, that the Defendant,
Mr. Smith, was a linen..draper, who lived ia
Os-
fortl-street ;—that In 1806, Rye and Moat were
shopmcn to some linen-draper, resident i. the same
street, who failed ; and that after such Wore, Mr.
Smith was pleased to set up those two kbepnien in
bwiness as linen.drapers,,iii the house next to his
own residence. Whether Mr. Smith had any share
iu t:ie concern carried ua under .the amnia of
G.
•Itye and Co. he could not toll ; but that the partner-
ship between Moffat and Rye was dissolved in 1808.
After that emit, nye commencealbusiness on his
own account ; and ho having dealt with the Plain-
tiff before the dissolution, he again went to him and
gave a small order to the aniount of 'about 111.
The warehouseman who managed Mr. I:le G raves's
concerns, did not object to executing this .Order ;
but when Mr. Rye gave a further order for goods
to the amount a 431. he thought it prudent to con-
suit his employer, Mr, .De Graves, previously. to
executing it. Mr. De Gruel agreed with his ware.
houseman, Mr. Swan, that Mr. Rye ought to give
a reference to some respectable house as to his
trust.o urthiness. Mr. Rye, on being called
upon fur a reference, referred Mr. Swan to Mr.
Smith. Mr. Swan accordingly waited upon Mr.
Smith, and his answer Was of so satisfactory a Oa.
lure, teat Mr. Rye's order was immediately exasat.'
ed. Mr. Smith gate Rye a most excellent charae-•
ter, observing, that he had lent Mr. Rye 15001. om
his unn security ; that so highly did he think of
hie), that he did nut even deem it necessary to take
the lease of the house, or any thing as security.
Rye afterwards had goods to a considerable
amount, and the good characteeglven of him by De-
!cadent &lune induced Plaintiff to trust him.—
In Qctoher, 1809, Rye became a bankrn4 and
there being something rather extraordioary in
the dealing between, Rye and Smith,. the latter
was 'examined before the Comtnissioners.of Bank,
rapt,. At that eit amination It appeared that
the business carried on by, Rye and -Mast
bad been a losing concern to the "antottut of
11731. and tbat.on the dissolution of the partner.
Slip, and. en Ride. 001'0144 the business, Mr.
Smith .took Mr. Rye's warrant of attorney for
77001. for the profits and good-will of the shop, and
by which he could come epee the premises at any
time for that amount. • Mr. Smith also had the lease
of the house as a further security. So that it ap.
petted,' that i3stead 'of Mr. Smith's having sioliting
by way of security, he had a warrant of attorney
and the lease of the house. From the same exit.
Initiation it appeared, that Rye had reduced that
debt or. sum of 77001. to less than 30001. in the
course of the year in which he was in business, and
which Mr. T. said he could telly have dose by pay,
cog such money as arose from the sale. of goad; of
that he might have obtained on credit, to. Mr.Saliti..
Those facts which he had stated would be piOved,
therefiire they were true; and the fraud of the
ending would appear from the circumstance of
haiing paid Smith nearly 50001. in the cOurie of 12
months ; and then not being able to pay hiscretli.,
tors, be became a bankrupt.
J lseph Samuel Swans. the warehouseman to-Mr..
De Graves, was then 'elated. Ile proved. the vari-
ous circumstances,' :Air related the coaveritateun
that took place between bin and Mr. Smith ; pre-.
viously to executing the order for goods' to. the
amount of 431. he waited 'upon Mr. Smith. Mr.
Smith said, that he once had more than 70001. in
Rye's concern; hut-that he was then withdrawing
it, though he intended to leave 15001. in the hands
of Rye. lie had no security for the money then in
Rye's concerti ; no lease or any thing of the kind ; ft
and from that circumstance witness might judge
whether he (Sloth) deemed Rye trust.worthy.—
After this character, the goods were sent to Rye, •
as were other goods afterwards, agreeably to Mr.
Ry..'s orders. This com,nunication took' place
isb.iut the Letter end of 1808, but Q 0 other comma.
nic.ition on that subject afterwards took place.—
The goints, to the amount of 431. it appeared .by
the at:con:it Lad heen paid for, though thereon*
Dow a (valance le theaseunt seed for in tisisAtstietei,v
lord ELLENDOROUGU asked Mr. Topping whe.
ther he was contending that Smith was :ieible for all
the goods that bad been sold, subsequent to the sate
of goods to the *meant of 431. because on being ap-
plied to, previeutly to the delivety of that parcel,
be had given i false, character of Mr. Rye ? There
Was no other cornmnnication 'between Mr. Smith
and Mr. De Grasses, respectluge Mr, Rye's lrust-
worthiuess, but the one related by Mr. Swan; and
did he Contend that Mr. Smith was liabbs/or,all the
goods bold to Kre, after the giving of thirbilee cha-
racter:
Mr. TOPPING replied in the affirmative ; because,
be aublnltted, theeharacter was nut a limited sue,
Out a general one.
. Lord FiLLExatiaouVOlid; tba't he had before
held to Mt contrary is that Coact,. and be still-it'.
tained that opiuion 410 had before guided Other
decisions of a similar wawa: The character gives!
by Smith, must. be conneeted with the lofting:4r
time when harm it ; and be having, given A false
Character, 'he became liable for;the parcel of
,goods
afterwards delivered totho armrest of 431. but • fur.
kw more, no other eomtautiltation baring taken
-place.
The Plaintiff wait decor linelr nonauited. • '

Oa Saturday,
.the bakes of Yogis, C..mtasa.
LAND, uid Cmaup DC r, took the diverbiuu of 9 DOut.
&mg iu Wiadsoi !unit.

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