The Statesman.
London, England, 1823-11-01 00:00:00

ausseu. AND OTHERS V. SIIITH AND ANOTHER..

This was an action of trover brought by the plaintiffs,
who are manufacturers of yarn, to recover the value of
twenty packs of yarn from the defendants, who are mer-
chants in the city.
It appeared in evidence that the plaintiffs had largely
commissioned a person named Wagstaff to sell yarn for
them as a factor. Wagstaff, being in embarrassed circum-1
vaii:ei, for several months bought goods on credit, sod
sold them for ready money at low prices, and digposed of
the yarn in question to the defendants, at 151., instead of
21 or 221. pe: pack, which was the regular manufacturer's
Iprice. At last Wagstaff became bankrupt; and the
plaintiffs contended, that under the circumstances they were
entitled to_ recover the value from the defendants, the sal.

being fraudulent and void. , I
The LORD CHIEF &mace said, that there were three I
questions in this cause which might demand the attention
of the Jnry. First, did Wagstaff sell or merely pledge the
e,o•ids of the defendants, because it was old law, that it a
fact authorized only to sell, chose to pledge the goods
of his principal, he would not alter the property, which
continued in the. original owner. Secoodly, tt they
thought the goods were sold, did the defendants know, or
had they reason to believe, that Wagstaff was offering thee)
to sate at a less price than the p:aintiffs had authorized ; far
if they were aware of this circumstance; the sale Was
fraudulent and consequently void. And in his jndenreot
there was vet a third qnesuon which would Arise, if'they
were of opinion on the two former points in favour of the
defendants, w is Wagstaff engaged in a general course of
traedulent dealing. within the knowledg# of those who
purchased the yarn ? For he should' holC that •if thetrati
la embirrassed circumstances, were carrying' Wit 's system
of buying' oil -credit, and selling ftir, reailytAnoney, at
redueed)prices, all who bought of them at .sneitpticea did
so at their peril. If they were convinced on the evideocel
a that Messrs. Smith an! Sdu were aware• of the c.itifir;

Harrom-Goenew.—Yestenlay. Jolts Snaitk, brother to
the person who keeps the Angel lain and 'Tavern, at
Islington, appeared to a summons obtained it the iostance
of Mr. John Scott, the Churchwarden of Clerkenwell.
The summons charged Mr. James Smith with having-
permitted company In his house during this time on a
Sunday afternoon in which Divine Service takes place.
Mr. Scott stated, that on Sunday beLre last he visitett
the house at ten minutes before four o'clock in the
afternoon, when he found five gentlemen in the cbffer-
room, two of whom were taking their wine. He desired
to see Mr. Smith, to whom he mentioned the fact, and
told him that the neighbouring publicans, who wero
eoropclled to close their houses, deemed it hard that li
should be allowed, because a rice mate, a superior pri-
vilege. He hoped, therefore, he would close his hwy.
as, if be did not, lie should feel himself boon I to pr wee I
against him. Mr. Smith, in reply, toll him that la r
should keep open till the Magistrates desired him to close
his house.
In answer te an enquiry from the Magistrates, Mr. Scot*
admitted tha Io cloth was laid on that table where
_the_
persons he observed were sitting; cloths were also aptlted
on two other tables.
A constable, who visited the house by desire, of , • Ift,
Scott, at a quarter past four on the same' afternoon, gave
evidence to the same effect. Cloths were 'he said, spread
on the tables, as if for dining.. On one table over which
was a cloth, two or three pewter pots, such as are used for •
beer, were standing'.
Mr. Human, for the defendant, called witnceses to
prove that the ;versant present, who were most repeetable
gentlemen.had coins for.the purpose of dining. ni pots
seen on the tohle were thosethat sere used fur the beer at
dinner. No person was allowed' dultikthe'hours of Diane
Service to enter the house to tiptalie; but Only fir Wavily',
tifershrneni: The tAp uas'ultolly &niched froth That .part
of the pr emiees whtre those padmaiiii'veiyidiaing, and had'
• separate entrance.
/h. Powls, Sih lisdepsident gendens'ak stated. chit Itt
Iftegeently dined It the hense on 014641. Tfilit It seas
*St:dieted es* tighlar coffee room vtai at tlll direr. er
spretatde trieeerts 61 d tiff. .• .. .1••• ••
Mr. &tams here observed, . the qoestion was ikiiiffo
; .a' Vivo. ktver- to praseutett sA4A-