The Sun.
London, England, 1855-11-03 00:00:00

BROWN AND ANOTHER V. ACICROYD.

Mr. Knowles, Q.C., said this action was tried at the
last York assizes, before Mr. Baron Platt, and was an
action for work and labour done and money paid, to
which the defendant pleaded he was not indebted. The
plaintiffs were proctors at York, and brought this action
to recover of the defendant the amount of their bill in-
curred in taking proceedings against the defendant in
the Ecclesiastical Court at the suit of his wife for a
divorce. The plaintiffs were retained in the early part
of 1354, and instituted the suit to which the defendant
appeared by his proctor. Ia the course of the proceed-
ings it was agreed the defendant should allow his wife
2001. a year alimony, and paid the plaintiffs' costs up to
November of that year. After that it was found neces-
sary to take from the examinations, and the expenses
sought to be recovered were chiefly made up of coats
attending that examination. The wife died in the Fe-
bruary following; and the defendant having for some
time previous ceased to pay the alimony, said he was not
liable for the costs incurred between November and
February, and bad refused to pay them. The learned
judge who tried the action nonsuited the plaintiffs, on
the ground that they had not shown that the circum-
stances attending the wife's leaving her husband's house
was such as would give her a right to pledge her hus-
band's credit; and a question arose here whether the
expenses incurred were in pint of law necessary, and
the learned judge nonsuited the plaintiffs, with liberty
to move to enter the verdict fur the plaintiffs. The
wife being dead he was unable at the trial to produce
such strong evidence of the husband's cruelty as be
could have done had she been alive. He had to fall
back on the best evidence that could be found to prove
the fact, and he had shown by the evidence of a medical
man that the plaintiff the day before his wife left him
threatened to place her in a lunatic asylum because she
would not sign a deed of separation, and by the evi-
dence of the housemaid that he had pushed her out of
the room, and said he should be a happy man if he could
get rid of her. The learned judge who tried the case
remarked on the latter evidence that that was not a suf-
cient cause for the wife to leave her husband, for there
were many families who, no doubt, went on comfortably
where such circumstances alight occur. The learned
counsel said he contended that that was a question which
the learned Judge should have left for the decisioa of
the jury. After some other observations bearing on the
case,

Lord Campbell said the learned counsel might take a
rule. his lordship complained of the members of the
btr not being instructed in motions, that the Court
might proceed with them, and dispose of them, without
interfering with the other business of the Court set
down for certain days, and had, in consequence, to ad-
journ the Court at 12 o'clock.

COURT OF EXCHEQUER.
(Before the Lord Chief Baron, Baron Parke, Baron
Alderson, and Baron Martin.)
OOLE V. 511ERRARD.

Mr. Lush moved for a rule to set aside a writ with
costs. The writ was one which was served in Jersey,
aud, being so served, was out of the jurisdiction. It was
sealed as a concurrent writ, and was dated the 9th of
April ; and it further appeared that it was sued out on
the 19th of June in the present year, and was therefore
dated before the passing of the Common Law Procedure
Act had passed. "Cruder these circumstances the learned
counsel submitted he was entitled to the rule prayed for.
Rule granted.

MANN V. THE GEETIA.L STEAM NAVIGATION COMPA.N.Y.

Mr. M. Chambers moved for a rule to set aside a
verdict in this case, which was tried at Croydon, and
which the jury left it open for defendants to apply for a
new trial. The action was one brought agd'list the di-
rectors of the General Steam Navigation Company, in
their capacity as common carriers, for the non-delivery
of two parcels. The parcels it appeared were taken to the
Swan with Two Necks, in Wood•street, Cheapside, the
plaoe at which the company received parcels for delivery,
and there left to be conveyed to Glasgow, and although
they belonged to that class of parcels known as bankers'
parcels no intimation of the fact was given to the persons
in the office. The parcels were conveyed to Leith by one of
the ships cf the company, and on arrival at that place
they had to be turned over to the railway company for
transmission to Glasgow, and it was supposed that the
miscarriage was occasioned in the removal from the
steam-ship to the railway. He had two points upon
which he grounded his application ; one was the amount
of damages given by the jury, and the other was that
this was not a loss for which damages might be sued
for.

The Court—Take a rule to show cause.

coußr OF COMMON PLEAS.
(Sittings in Banco.)
(Before the Lord Chief Justice, ➢lr. Justice Crowder,

and Mr. Justice Willes.)

M'ANDREW V. THE ELECTRIC TELEGRAPH COMPANY.

Mr. Sergeant Byles this morning resumed his argu-
ment in this case, which was tried by the Lord Chief
Justice at Guildhall, the result being that the plaintiff
was non-suited, but with leave to move for a new trial.
The circumstances of the -case were that the plaintiff
was the owner of a vessel called the Foam, which, in
December last, was lying at Exmouth laden with oranges,
and that on the 13th of that month he sent a clerk to
the telegraph station of the defendants in Lothbury to
desire them to transmit a message down to the master of
the ship, requesting him to go with her instantly to Hull.
The clerk proceeded there, gave correctly the message
which his employer wished to have transmitted, an i paid
10s. for that service of the defendants ; but, inadvert-
ently or otherwise, the message they sent was to direct
the ship to proceed to Southampton, instead of Hull.
The effect was that the master took his vessel to South-
ampton, and sold his cargo of oranges there at a great
sacrifice, and it was to obtain compensation that this
action was brought. The defendants alleged that the
message paid for by the plaintiff was what was called an
" unrepeated " message—that is, a message which was
not repeated back to London, to see if it bad
been correctly transmitted, before being delivered,
and that they sent all such unrepeated messages on the
condition that they would not be responsible for any
mistakes in their transmission, from whatever cause
such mistakes might arise. The learned sergeant cited
various authorities, and contended that the defendants
were not at liberty to append any conditions whatever
to the mode which they should transact their business.
The Chief Justice said the rule must be refused. He
considered that the conditions required by the company
for securing the accurate transmission of messages were
perfectly reasonable.
Mr. Justice Crowder and Mr. Justice Wines con
curred in the decision of the Chief Justice.

POLICE INTELLIGENCE—(This Day.)

THAMES.

EXTENSIVE ROBBERIES IN A WATERPROOFING FAO.
TORY.—Fanny Carter, a well-dressed young wo man, who
was in a state of great anguish, was brought up on re-
mand, before Mr. Ingham, charged with stealini: pro-,
perty of the value of 61., belonging to her employers
Messrs. Spill and Langdon, waterproof clothing manu-
facturers, of the Old Farm house, Stepney-greed.
It appeared from the evidence that the pros ecutors'
who own a vast establishment, and employ 3,000 persons,
had been plundered to a great extent, although con-
stables were in attendance on their premises day, and
night. On Wednesday morning an old woman rt,amed
Hyde, of No. 4, White-hart-Court, Greenfield .street,
Whitechapel, offered a new waterproof silk coat i n pawn
at the shop of Roche and Hales, pawnbrokers, No. 1,
Commercial-road East, and on being asked how she be-
' came possessed of it she said she was employed
by a man named Abrahams to pawn it, but
did not know where he lived. She afce.r-wards
gave several other accounts, and finally stated that she was
directed l y the prisoner, Fanny Carter, in the employ
of Spill and Langdon, to pawn the coat. The young
- woman was taken into custody in the prosecutor's . tactory