The Statesman.
London, England, 1815-01-12 00:00:00

LAW INTE, LIGESUE.
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SERJEANTS' INN HALL. JAN, il.

Lord Ellenborough and the other Judges of the
King's Bench, sat this day, for the purpose of dis-
piing of the roles granted for new trials, during last
Term, which had nut been decided upon.

111:7LMAN E. WHITMORE.

This was an action on a policy of insurance on
the cargo of a vessel named the Venus, Jam Peters,
\Master, which had sailed from this country under a
licence, granted on a petition of a British Merchant,
in behalf of himself and different British Merchants,
by which the Venus was authorised, sailing tinder
any flag, except the French, to export a cargo of
such goods as might be exported agreeably to
the Orders in Council, to any port or ports be-
tween the Texel and the Scheldt. The cargo was
averred in the declaration to be the property of
Ditch Merchants, and the question was, whether
the licence in question covered a cargo the property
of alien enemies; or, if it was not limited to such a
cargo se should be the bona fide property of British
subjects. The Jury found for the Plaintiff, a new
trial was moved for on the part of the Defendants.

Mr. Arroaxeic-Gewrital. and Mr. Ctltlt now
argued the case at considerable length in support of
the rule fore new trial, contending that though the
Government nad an undisputed right to grant li-
cences which should have the effect of protecting the
property of alien enemies during war, yet that such
licences heintects of high sovereign authority, must
be oridissimi juris, and have no interpretation ex-
tended to them which the express wordi of the li-
cence would not fully warrant. Here there were
no words which went to cover the property of alien
enemies, but, on the contrary, the licence was ap-
plied for and granted in behalf of the Petitioner and
different British Merchants.

Mr. PARK Mr. SACRLETT, And Mr. BARNEWALL
hawing argued the case on the part of the Plaintiff

The Coney' delivered their opinions seriatim, in
support of the verdict found for the Plaintiff. It
was impossible to look at the licence, and not to see
that the Secretary of State, by wlenn it was granted,
contemplated an adventure in which the cargo was to
be, or to become the property of foreign Merchants.
The licence was granted to the vessel in question to sail
auder any flag except that of the French, and all the
ports to which the licence extended, it was well
known at the time, belonged to Powers in hostility
with us. Still, however, it was a licence in behalf
of British Merchants, they being the shippers of the
cargo.
The rule for a new trial was, of course, discharged.

COX V. PRIXTI9.

This waq anactuon by which the PlaintifTs, who

are dealers in silver, sought to recover from the De-
fender', as money had, and received by him, to the
Plaintiff's use, the sum of 281. and a fraction, being
the difference in value between the price paid by them
to the Defendant for a bar of silver purchased by the
Plaintiffs from the Defendant, and its actual worth,
as afterwards was ascertained when the whole bar
came to be assayed by the Assay Master. It ap-
peared that the Defendant bad received from a person
of the name of Cotten, his principal residing at Gib-
ratter, a (it entity of silver, ia which there was mixed
a groat deal of alloy, aad tbat baying agreed to sell
it to thr Plaintiffs. it was referred tea Mr. Johnson,
an Assay Master, to assay it, and ascertain the pre-
vise tuaatifit J pure silver which it contained. In
'pursVertaa this object, the Plaintiff's man deli-
vered to Johnson not the whole bar, but only a part
of it, which having assayed, be declared the pro-
porno's of pure silver to be four ounces and a few
penny-weights to a pound troy, and in this propor- '
lion the Plaintiffs settled with the Defendant for the

price of the whole bar. Having afterwards disco.
vered, however, that there leas a greater proportion
of alloy in the rest of the bar, the Plaintiffs had the
whole of it flayed anew, and having in that maa•
ner ascertained that they had overpaid the Defendant
bj the sum of 281. and a fraction, they brought their
action to recover to that amount, when a verdict was
found fo► the Plaintiffs.

A motion having afterwards been made to have that
verdict set aside, and a nonsuit entered.
Mr. TOPPING and Mr. COMINS argued in support
of the rule, contending that this case came under
the Law of Caveat Emptor. The Plaintiffs had
themselves appointed Mr. Johnson to exercise his
judgment for them; and relying upon his judgment
they had acted upon it, and could not now complain.
They were in the situation of a man, wbo, having
purchased wine, which he himself, or his servant,
bad previestsly tasted and approved of, could not
afterwards be heard to bring his action complaining
that the wine was had.

Mr. ATtoaNLY-GENERAL, Mr. PAR[, and Mr.
MARRYArT, haring argued the case on the other
aide,

The CoyKT WRC unanimously of opinion, that there
being here mutual innocence, mutual error, and
things being in every respect entire as between the
Detendaat and his Principal, to whom he had not
yet accounted, that the Plaintiffs were entitled to a
Verdict.

The Kale was accordingly discharged.

The lion. Wpron tm QUIN had not less than 700
trees, three-fourths of which were full grown timber,
blows, flown on his estate of Adair, in Ireland, dur-
ing the late hurricane.
A few days since the eldest son of the Reverend
Mr. SIIENIIIIANKES of Wimpole, in this county,
and Chaplain to the Earl of HARDWICKN, met with a
shocking accident : as he was passing over a fence
in rabbit-shooting, his gun accidentally going off,
the whole charge of shot passed throogh his foot,
which was so severely shattered as to require au im•
mediate amputation.
Mr. Godwin, a respectable farmer of Bentley
Beath, met with a fatal accident, while accompany-
brig Ms teem, between Solihull and Birmingham, early
on Wednesday morning last. It appears that this
unfortunate gentleman, in endeavouring to pull aside
his horses for the purpose of letting th Crown
Prince coach pages by him, the refection from the
lamps of which had frightened the leader, was thrown
to the ground; and whether the braises be received
proceeded from the coach passing over him, or from
*the horses, is not known, bet they were of so shock-
ing a description, that after languishing in great
agony for upwards of twelve hours; he expired.