Court Of Common Pleas, Gu...
l,ord Chief Justice BEST, on enterfng the court, addressed the jUTy on a complaint they had made toe him that streatns of wet from the condensed heat fell on their box. Ile regretted that he could not reniove the inconveniences of the coort; but said if they were not removed, another place must be found, for it would be Impossible to sit here long. M r. Sergeant PELL observed,tliat great liberality had been showu in the erection of the court, and the best improvement would be the introduction of a fire. Lord ChiefJustice BEST.-Yes, certainly great liberality has been shown but it is impossible to hear half that passes; and really to build a court tn wh.ih people ave to sit during winter vrith- out a stove to warm it, is quite new. We really must find some other aconimodation. ldIr. Alontague, the architect, afterwards came Into court, and had a private conference with his Lordship. SEAMAAr v. PstrCz. This was an action to recover 401. for the relinquishment by Mlr. -Saaman of a bargain lie bad made with a person named Bmanuel, for the purchase of three freehold houses at Hoxton, at the price of fO01., in the defendant's favour.- It wag proved that an agreement had been made between Mr. Seaman and Mr. Emanuel, for the con- veyance of the houses, but which had not been reduced into writing. By a memnorandum dated the 8th of April last, MIr. Price agreed to giye 401. for the bargain ; and a converance ha, consequently been executed, not to h'imself, but to Mrs. PrIce, by his desire. MIr. Sergeant Pr:LL, for Mr. Price, -ofered no defence on the merits; but submitted that the action could not be sustained in pOint of law-first, because the original agreCMent between dMr. Ema- nuel and MIlr. Seama; was bad under the statute of frauds, and con- sequently formed no consideration for the contract; and secondly, because tlie conveyance was made, not to Mlr. Price himself, as al- leged in the tleclaration, but to his nominee. Lord Chiet Justice BEST overruled both objections. He held the case sufficiently taken out of the statute of frauds by the notein writing in which the bargain was recited, and by the sttbsequent execution of the conveyance; anl considered the allegation as to the conveyance immaterial, since the bargain was relinquished ia Mlr. Price's favour. He would, however, give leave to the defen- dant to move for a nonsuit, in case he should be mistaket. The Jury then found a verdict for the plaintiffi-Damrages 401. A great length of time was occupied in trying a right of wav be- tween two butchers' shops in lWhitechapcl, and this case, with an. Other of no interest, occupied the remainder of the day. Repeated instances of the difficulty of hearine occurred, to the serious incon- veirence of the Counsel and the Judge. TRTE COat0MON MLEAS' sAlt. In the course of a cause (of no interest worthy'of being reported) A,r. Sergeant PELL complained of interruption in his-arguikhent by the prilate obserrations of a learned counsel near himT, whb was engaged on the other side. It was impossible to proceed while subject to such interruption. I ' Mr. Sergeant VAUOHA7X.-Ay Lord, for say payt, I must say, that I hare not uttered one word in the case. I don't knowt to whom the observation of my brother PcU is addressed, but I disclaim its application to mvself. Mlr. Sergeant PEIL.-Then since r must name the quarter from whence the interruption came, i will do so. It was from my mnuch respected friend here (placing his hand on the robe of a learned counsel who sat behind Sergeant Vaugham.) The LotD CHnIEF JUSTICE (addressing himself to the bar).- Upon my word gentlemen, I wish you would all go into the Couri of King's Bench for one week. Mllr. Sergeant PELL-MyLord, with great respect I beg to dis. claim any imputation of irregularity on my Part, ald I submit tbat it oughtnotto beniade. [It may be rightto tatehere, that the Interruption complalnedof proceeded fram gentleman, whose chief practice is in the Court of 'ifls pne Silr. COURT OF COMMrONT PLF.AS. II7VT.nnAr.) Dfr lfl.