Court Of King's Bench, Gu...
ZAW RE PORT. 'hiS day the-sittings after Trinity rernmfoFr rondon comrnenced before the LORID CHIEF JUSTicE and Common Juries. BARNES V. ANTHTOrNY. This was an action by the captain of ai East India ship against the defendant, a watchmaker, in Clerkenwell, and also an exhibitot of foreign ra,ities, to recover 351., the balance of the price of certain animals and a car sol..4 to him by the plAintiW. Itic'ppear'l that Captain Barnes last year brought 6ver witlh him from India two Indian bulls, twoland tortoises, a spotteddeer, and an Indian car called a hackeray. He agreed with lr. Anthony, who hafdl an exhibition in Pall-mall, to keep and exhibit them for him, on an understan(ling that they were to share the profits. The spe- culation did not, however, succeed ; and as Captain Barneswas about to return to lndia. he asked Ml\r. Anthony what he would give tbr the assortment7 nir,d hWe agryed to becomie the purchaser for 601. Of this sum he paid 151., and the action was now brought to recover the residlue. Mlr. JOIES, for the defendant, adnmitted the contract to purchase for 60L, but contended that this was subject to a set.oft' for the keep of the animals, for repairs and a canopy to the car, and for arrange- ments to illustrate the exihibition, which greatly exceeded the sum at which they were bought. He proved that the animals were kept at a considerable expcnse; that Mir. Cruikshank had been employed to paint their pictures, and that costly efforts had been made to attract the attention of the public to their meritsx in the-whole amounting to more than 1001. above the sum they had ever brought. Sir. GurnxEY, in reply, urged that it was clear, from all the cir- cumstances? that the 601. was given to settle the whole affair; and that by paying 161. the defendant had shown that such was his own view of the transaction. The LonD CHIEF J1USTICE directed the Jury to consider whe. ther the agreement forpayment of f01. was subject to the deductions now claimed, and whlich would annihil3te the plaintiff's claitm to recover. The Jury found a verdict for the plaintiff-IDamages 361. The other causes were destitute of interest. COtlRT OF KING'S BENCH. G'UILDHALL, JULY 8.