Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-01-16
LAW.
English Court of Chancery, NsO. 10. ?
Ami TN De JaNES

Adler Us. JONES.
Sir S. Romily moved to shew cause
against making an Injunction, obtained
on a former day by Nj. Horne, under
the following curious circumstances, viz
The defendant took public house at
a yearly rent eff forty-four pounds, on the
condition of selling the beer of MIR FL
liot and Company only, bot if he should
sell any other PERSONS beer, then he Was
to become liable to farther rent in ad.
dition of 1901. annually. On the viola
ton Of the condition, the publican was
sued for double rent, or double the year
ly value Of the concerns, by his lessor,
wao failed in his action, and the premi-
scs were at length sold TOR tho use of
the publican, as to the lease fixtures, *
stock in trade.
The Plaintiff in this cause was the
Auctioneer in the sale and paid over to
others the deposit money, without leave
of the defendant, the publican, who bro't
his action at law for the deposit on
which the plaintiff filed his bill for dis
covery of evidence to enable him 10 de-
fend the action at law and obtained an in
junction to stay the action at law until
farther orders.
After hearing Mr. Horne in suppor'
of the Injunction, and Samuel RomiIly
in reply, bis Lordship adjudged, that, as
the plaintiff had no defence at law u
gainst such an action, he had no right t.
file the present bill for discovery or in
junction, unless he could shew fraud on
the part of the dcfendan'. and Crlerrh
the Injunction to be dissolved. JUDI
ment for toe defendant
MBEAN Us. rUGH.
MrMarryatt moved Tor rule to shew
cause why tie verdict in this Case should
not be set aside, and a nonsuil entered,
or why the verdict should not be reduc-
ed to an average loss Of IS and a frac
ton per cent. ltwas an action on va
lued policy ON Hondara: to Liverpool,
the ship being vaIusd at looOI. and the
cargo at 1901. The vessel was driven
in daalaged state into Norfolk in Vir-
gnia, and the cargo, which consisted ell
tirely Of Honduras wood, as such, could
not be damaged, was landed there On
inspecting the vessel, ii was found that
it would take fifteen hundred crowns, or
about 35Ol to repair her. 1t was also
proved that no vessel could Immediately
be got to convey the cargo 10 this coun-
try. In these circumstances the Cap
tain chose 10 sell The vessel for As dol
lars, and the cargo also for what it would
bring. not exceeding 7O0l, in the Who'll,
thereby producing all average loss OF
&c per cent whereas had he repaired the
vessel, at The eliminated expcnce, it
would not have amounted 20 more than
3 and fraction per cent.
Lord EllenGor6ugh said, here. certain.
ly, The cargo subsi'ted in specie; but il
it So >ubsisted in distant part CT the
world, and was immovable from thence,
it might as well be at once swallowed
Up
Mr.. Marryait agreed, that at the mo-
ent 10 ship could be got to convey the
cargo home. Tue ship however, it APP
peared, was capable OF being repaired
and, at all events, it was impossible 70
suppose that -:he cargo should be to'
ever detained at Norfolk in Virginia.
from the want OF a ship to convey ltiirom
thence.
Lore Peterborough agreed that an a.
bandnnment ought to be made, where
the subject insured existed in specie, *
vas capable of being got home. Rule to
shew Cause granted.
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