The Sun.
London, England, 1855-11-05 00:00:00

ROURKE V. SHORT.

Mr. Atherton, Q.C., moved that the plaintiff should
have liberty to enter the verdict on the second plea in
his favour that had been returned by the jury for the de-
fendant. The action was tried at the last Liverpool
assizes, before Mr. Justice Crowder, and was fnr goods
bargained and sold under the following circumstances :
—The parties were rag merchants, and in dealing for a
quantity of rags a discussion arose as to the price of certain
rags supplied on a former occasion whether the price was
ss. 9d. or 6s. per cwt.—the plaintiff contending it was
65., the defendant ss. 9d. It was arranged the question
should be decided by a wager, the loser paying f)r a
quart of brandy ; and further that, if the plaintiff were
right, the plaintiff should pay 6s. per cwt. for the rags
then sold, but if wrong the defendant should have them
for Bs. per cwt. It afterwards appeared the plaintiff was
right, and the defendant paid for the brandy, but refused
to take rags at 65., at which they were invoiced, where-
upon the action was brought. The defendant pleaded first
non-indebted, and secondly, a special plea that the con-
tract depended on a wager, and could therefore not be
enforced. The jury found for the plaintiff on the first
plea, and for the defendant on the second ; the learned j udge
who tried the case reserving to the plaintiff leave to move.
The learned counsel submitted that the defendent had not
proved his plea, and also that if he had it was of no
effect, for there was a complete bargain and sale, and the
wager was a matter collateral to the .contract for the
breach of which the action had been brought.
The court granted a rule nisi.
THE ODESSA CHARTERS.-AVERY V. BOWDEN'.

Mr. Watson, Q.C., moved for a rule to show cause
why the verdict in the case for the plaintiff should not
be set aside and entered for the defendant, and also for
a new trial. The action was tried at the last Guildhall
sittings before Lord Campbell, and was for a breach of
contract arising from the declaration of war between
this country and Russia. In this case there were two
separate charges of breaches of two charters involving
different questions. The plaintiff was a shipowner of
Shi.ld4, And th. eipfpndant a merchant at Hull, and the
first charter was that the Rolla should proceed to Fal-
mouth or Queenstawn, there receive her orders and then
proceed to Constantinople, and from thence to Odessa,
or as near as she could get there, and load a cargo of
either tallow, wheat, seed, or other gaain, with which
she should return to any port in the United Kingdom.
The clause in the charter on which the question turned
was this :—" It is further agreed, that in case of war
having commenced previously to and continuing on the
ship's arrival at Constantinople, the defendant was
bound to load the ship there at 10s. per ton less than if
loaded at Odessa." After the sailing of the vessel war
was declared between great Britain and Russia, and the
question was the meaning of the word " war" in the
charter party, in connection with the date of its decla-
ration and being known at Constantinople.
Mr. Justice Wightman said that must be taken to be
such a war as would prevent the ship taking in her
cargo.
Mr. Watson said the second charter was that of the
Lebanon. The same term was in the charter party, but
she was to load at Odessa. She arrived there but did
not load, and a question arose here in addition to the
term of the charter party relative to the war, whether a
dispensation had been given to the captain, and which
the jury confirmed on the trial. He was now in posses-
sion of letters from the captain, dated 3d and 4th
of April, after the declaration of war was known
at t idessa, making no mention of a dispensation, but in
reality asking for one. In addition to that the Emperor
of Russia published an ukase on the 3d March prohibit-
ing the exportation of grain at Odessa.
Lord Campbell said it was an important question, and
the learned counsel could take a rule generally.

COURT OF EXCHEQUER.
TYRER V. RITSON.

This was an action brought by the plaintiff to recover
damages of the plaintiff for loss sustained in leakage,
&c., of a quantity of beer forwarded by them in the de-
frndant's vessel, from London to Liverpool, arising from
bal stowage.

The action was originally tried at Liverpool, and was
for the plaintiff, the learned judge allowing the defendant
to move to set aside the verdict.

Mr. E. James, QC., moved for a rule calling upor. the
plaintiff to show cause why the verdict should not be set
aside and entered for the defendant.
Rule refused.

EXCHEQUER CHAMBERS.
(Before Mr. Baron Martin and a Common Jury.)
MORGAN V. LORD CLINTON.

This was an action brought by the plaintiff to recover
51. ls. of the noble defendant. It appeared from the
evidence that the defendant was a shareholder in the
Grange Silver and Lead Mining Company, Aberystwith.
The real question was to establish the noble lord's lia-
bility. The company was established in 1849, when the
defendant became a shareholder, the understanding be-
ing that the mine should be worked on the cost-book
principle.

. .
The jury had not returned their verdict when we went
to press.

POLICE INTELLIGENCE--(This Day.)

MARY LEBON E.
WIFE BEATING.—A fellow named Gurnley was this
morning brought before Mr. Broughton, charged with
violently assaulting his wife, to whom he had been
married 29 years. He was ordered to attend on a future
day, to enable a material witness to attend and give
evidence against him.

THAMES.
WATCH STEALING.— TVillianz .Rathbone was sentenced
to six months' imprisonment for stealing a silver watch
from the person of Mr. West, as he was leaving a rail-
way carriage at the Stepney station.

SOUTHWARK.
ANOTHER WATCH ROBBERY.—Mary Ann lloskins
was fully committed for trial this morning, by Mr.
A'Beckett, for stealing a watch from William Perry.

- - -
The French Minister of War has just caused to be
placed among the productions of Algeria at the Uni-
versal Exhibition an ingot of gold, value 12,000 fr. ;
and a block of silver of the value of 52,000 fr., taken
from the mines of La Calle, in the province of Constan-

tina. le
REPRESENTATION OF NORTH STAFFORDSHIRE.—It
stated that Mr. Smith Childe, one of the members for
North Staffordshire, is on the eve of resigning his seat,
and that a requisition is being numerously signed by the
Conservative electors of the division calling upon Mr.
H. F. Meynell Ingram to come forward as a candidate.
Should that gentleman comply with the requisition, his
return, unopposed, is almost certain.
The Vice-Chancellor Sir James Stuart, owing to the
severe shaking and contusions he received a few days
since in consequence of an accident on the railway,
while returning to London from the Isle of Skye, was
prevented from attending the Lord Chancellor's levee,
and was unable to sit at Lincoln's-inn on Saturday. His
Honour, pursuant to notice, however, disposed of the
cases in his lordship's for the day, at his residence, No.
19, Hertford-street, Mayfair.
ALARMING FIRE.—On Saturday morning, between
the hours of seven and eight o'clock, considerable alarm
was caused by a fire breaking out on the premises of Mrs.
Elizabeth Lowe, lodging-house keeper, No. 29, Glou-
cester-place, Hyde-park. The London Fire Brigade
engine, under the direction of Mr. Staples, district engi-
neer, 'promptly attended, and the fire was subdued, but
not until considerable damage was done.
Mr. Charles Braham has made his debut at the San
Carlos, Lisbon, in Verdes Macbeth, and although he had
to encounter opposition of—if the local papers and cor-
respvndence are to be believed—not the most creditable
character, he succeeded in making good his footing, and
at the latest dates had established himself as a universal
the past
favourite.
SOUTHAMPTON, Nov. 2.—The return of passengers
who have landed in Southampton docks during
month exhibits a large increase over the corresponding
month of 1854. During October, 1855, there were
3,031 passengers having 9,530 packages of baggage,
while in October, 1854, there were 2,261 passengers and
6,914 packages of baggages, showing an increase for the
past month of 771 passengers and 2,616 packages of
baggage. In addition to this there also landed 246 in-
valided soldiers, sailors, &o.
EARLY SNOW.—On Friday morning, between seven
and eight o'clock, snow fell for about ten minutes
at Northampton. The flakes, which at first were only
just distinguishable by their whiteness from the accom-
panying rain, became tolerably large before the storm
ceased.
The suspension was announced on Friday morning of
Messrs. Lewis Reis and Co,, a mercantile house engaged
in the oil and fruit trade with Spain and Sicily. Their
liabilities are estimated The3oo and are chiefly to
continental creditors. prospects of the liquidation
have not been stated.
A DEFAULTER.—NEYWASTLE-ON-TYNE, Friday.—A
very great amount of excitement has been caused in this
town during the week by the fact that the junior cashier
of the Northumberland and Durham District Bank, a
young man of the name of Martenson, had absconded a
defaulter to the amount of 4,2641. He went off a week
to-day, and has not yet been captured. The bank holds
security to the extent of 2,0001. He appears to have
been rather of
.4! fast" habits.