Northern Times.
Liverpool, Merseyside, England, 1860-02-08 00:00:00

BINGHAM U. HALL AND ANOTHER.

This was a case tried before Mr. Justice Hill,
at the Liverpool Spring Assizes, when a verdict
was entered for the plaintiff; subject to a motion
before the court, to put it aside. Accordingly, a
rule having been obtained by Mr. Mellish, it
now came on for argument.
It appears that in May, 1858, Messrs. Hall and.
Looney, who are brokers at Baltimore, were in-
structed by a Mr. Holmes, of Philadelphia, to
purchase on his own account for shipment to
Liverpool, 500 barrels of flour. The flour was
purchased and placed on board' ship, the defend-
ants taking, a bill of lading from the captain,
which they sent to Holmes, drawing upon him at
the same time at three days for the price. Holmes
in his turn, transmitted the bill of ladint,c, to a
Mr. Moore, a Liverpool merchant, who endorsed
it for a sum of £9OO to the plaintiff, on the 20th
of July. The bill of exchange drawn on Holmes,
by the defendants was dishonoured on the 31st of
May, and a few days later he became insolvent.
Hall and Co. considered themselves very much
"taken in by this result, and on the 9th of June
they instituted a replevin suit in the Court of
Massachussets against Captain Prentice, who was
in command of the vessel on board which the
flour had been shipped for Liverpool. They, at
the same time, gave notice to the captain not to
transport the flour, as they claimed it ; but, inas-
much as the flour was stowed away in the bottom
of the vessel; it was considered inconvenient to I
tranship it, and therefore it, was thought better
that it should be taken to Liverpool and sold for
the benefit of the defendants. The bill of lading,
however, arrived before the flour—namely, upon
the 17th of July ; and, as already stated, it was
endorsed for value to the plaintiff upon the 20th.
The question then arose as to who was entitled
to the proceeds of the cargo—the plaintiff, the
endorsee for value of the bill of lading; or the
defendants, who in reality stood in the .position
of venders of the flour.
The points to be determined were-1. Had
Hall and Looney a right to stop the goods in
transitu 2. Was the transitus continuing after
the goods had been shipped ? 3. Did the demand
made by Hall and Co. on the captain to have
the goods restored to them amount to a proper
notice that they stopped the goods in transitu,
and was it not to be held as a mere consequence
of the replevin suit which they had instituted
against the captain ?
The court was unanimously of opinion that
Hall and Co., although they were only agents to
purchase for Holmes, had nevertheless a perfect
right to stop the flour in transitu ; and, secondly,
that their right was continuous so tong as the
aLdi,i:b-eterianonosdl,o.t. samtmoro.t
Justice
tuetshdt
edo
apfl iunnrot
notice
wasve eootnfh ei trs wwhata3'
stoppaget ho
Wightman and Mr. Justice Hill concurred in
thinking that the assertion of the right had been
properly exercised. It was formerly held that
the only mode of effecting a stoppage in transitu
was by actual corporeal touch of the goods ; but
that ruling had for some time been upset, and all 1,
that was now necessary was notice to the carrier,
who was liable in trover if he refused to deliver
them.

Mr. Justice Crompton thought, however, that
upon this last point there was some little doubt,

afthough upon a review of the whole of the
evidence, he inclined to the conclusion of the
other members of the Court.
The rule for a new trial, or to enter the ver-
dict for the defendants, was accordingly made
absolute. • _ _

• Mr. Milward appeared for the plaintiff; Mr.
Mellish for the defendants.

THE COMMERCIAL TREATY.

The Indspendance Beige says that the proposals
to be submitted by Mr. Gladstone to the House of
Commons, as a consequence of the commercial
treaty, are as follow
Abolition of duties on all articles of French
manufacture.

;Assimilation of the duties on French spirits
with those of English colonies. The duty on
those first named is at present 15. a gallon, on the
others only Bs. ; the duty on French brandy
would thus be lowered 75. a gallon.
~ immediate reduction of the duty on French
wine to the extent of 2s. 9d. a gallon. The duty
at present being ss. 9d., the new duty would
therefore be 3s. a gallon.
" A second reduction of this duty from the first
of April, 1861, so that the duty might then be a
shilling less or a shilling more, according to the
quantity of alcohol contained.
" A merely nominal duty on corn, flour, and
articles made of flour.
" Reduction more or less important of all duties
on articles imported from France.
" England reserves the right of allowing other
nations to participate in these reductions, as well
as of modifying the duties on wines and spirits,
if the changes
,in our tariff should render such
modifications desirable.

" France on her part undertakes to make the
following concessions, none of them, however, to
take immediate effect

" Reduction of the duties on English coal and
coke to a level with those on the same commo-
dities coming from Belgium.
" Abolition of the duties on wool and cotton.
"Reduction of the duty on iron and machinery.
" Abolition of prohibitions for which ad valorem
duties, not exceeding 30 per cent., should be
substituted.",

CAUTION TO RIFLEMEN.—On Wednesday last, some
members of the Cirencester Volunteer Corps, provided
with the short rifles of 1859 pattern, were practising at
a target near Stratton, when one of the pieces at the
thirdthousands
rou
of f nt
round exploded,
Thescattering,.gentleman
th e lock and
who stock
in
fired it
escaped with only a few scratches on the left wrist.
The explosion is believed to have been caused by the
incautious use of a ball without a pad. After the charge
had been rammed home, and before the rifle was brought
to the "present," the ball must have shifted forward,
creating a slight vacuum, which would be sufficient, as
all practical sportsmen are aware, to account for the
accident. The barrel of the rifle bore two proof marks.
MYSTERIOUS AFFAIR. —Oll Monday, Mr. W. H.
Phillips, deputy coroner, held an inquest on the body of
a young woman, named Susannah `Norton, which had
been found in the canal, at Pensuett, near Kingswinford.
There were apparent marks of •injury on the face, the
eyes being black, the lips swollen, and the mouth and
nose full of blood. Deceased's mother and sister
showed that'll month ago last Wednesday, the deceased
left her home, being out of a situation, to go to a
relative's in the noighbourhood. Had not heard that
she had been violated until she was told so after the
body was found. John Parker stated that one night,
about three weeks ago, he was passing over_ the canal
bridge near the Talbot, when he heard a young woman
crying beneath the bridge. Went down and found
a young woman clinging to a young man's arm, and
crying very much. So soon as the man appeared willing
to leave the spot where they were, she ceased crying.
When he (witness) left them, the girl began again to
scream, and he returned to them, saying they must not
remain there. They then left, and went on the Kings-
winford Road. The young man was dressed like an
engine tenter, and both the man and the woman were
abort and young. The girl was dressed in a black
wattle, as the deceased was. The man seemed to wit-
ness to be drunk, and witness went to • him, saying
"This This is a curious place for a man to be drunk," and
tried to gst him away from the water • when the man
held up his .arm and said, "Go on, gaffer, it's all right,
there is nobody drunk." The inquest was adjourned.