APPENDIX TO CHRONICLE. 291 



65 lb., to be conveyed to Exeter 

 as soon as convenient, by the 

 Subscription coach, ot" which the 

 defendants are proprietors. The 

 cochineal was put into a small 

 box, and addressed according to 

 order, to " Mr. J. Worthy, 

 Exeter." It arrived at the coach- 

 office of the Old London inn, 

 Exeter, on Saturday night ; and 

 soon afterwards a person opened 

 the office door, and without 

 showing himself, inquired for the 

 box according to the address, the 

 sum due for carriage I6s. Id. and 

 whether he could take it away 

 on the following day, Sunday? 

 The ansv. ir w-as in the affirmative; 

 and in the evening of the next 

 day, a man of the name of Whit- 

 field came to the coach-office, 

 and producing the money for the 

 expense of conveyance, asked 

 for a box directed to Mr. J. 

 Worthy. The book-keeper gave 

 him the box containing the cochi- 

 neal, and another parcel with a 

 similar address, at the same time 

 inquiring the man's name : he 

 gave it without reluctance, adding, 

 that a person waiting without had 

 sent him for it. Whitfield went 

 out of the office with both box 

 and parcel, but afterwards- re- 

 turned the latter. Tlio plaintiffs, 

 when they sent the cochineal by 

 the Subscription coach, wrote a 

 letter to Mr. J. Worthy, by the 

 2)ost, advising of it, and enclos- 

 ing an invoice; and they were 

 very much surprised by receiving 

 an answer irom Mr. Worthy, 

 that he had never given them any 

 order for cochineal, or any other 

 drug. One of the plaintiiTs in 

 consequence hastened to Exeter, 

 and an inquiry was set on foot-, 

 when it appeared that a fraud had 



been practised upon them, and 

 that the order for the cochineal 

 was a forgeiy. Whitfield was 

 soon found, and he pointed out a 

 person of the name of Bennet, es 

 the man M-ho had sent him into 

 the coach-office for the box, and 

 who had given him 16s. Id. to 

 pay for the carriage. Bennet 

 was immediately taken into- 

 custody, and before a magiatrate 

 Whitfield swore positively to his 

 person : he, however, succeeded 

 in establishing an alibi to the 

 satisfaction of the magistrate, who 

 admitted him to bail. None of 

 the parties obtained any further 

 intelligence respecting the cochi- 

 neal, and Bennet was not pro- 

 secuted. 



The present action was brought 

 to recover the value of the box 

 and its contents, 114/., on the 

 ground that it had been lost in 

 consequence of the negligence of 

 the servant of the del'endants in 

 mis-delivering it. 



After Mr." Marryat had stated 

 the particulars above detailed, ha 

 called the clerk of the plaintiffs, 

 who proved the value of the box. 

 and the address put upon it, viz. 

 " Mr. J. Worthy, Exeter." In 

 this early stage, in answer to a 

 question from one of the jury, 

 his Lordship saiil, that he should 

 hold, in point of law, that a com- 

 mon carrier dischai'ged himself 

 from liability, if he showed (in a 

 case like the present, where the 

 address of the box contained 

 neitlier the abode nor business of 

 the party) that he had delivered 

 it at his own office, to a person 

 whom he might reasonably sup- 

 pose to be the individual, or to 

 come from tlie individual, desig- 

 nated in such address. 



u 2 The 



