The Sun.
London, England, 1855-11-26 00:00:00

THE SUN LONDON. MONDAY F,VENINci, NOVEMBER 26 1855

LINES i. ASJED rix-ED x ENTA

LAW INTELLIGENCE--(This Day.)

MARKET NEWS.—(This Day).

Compans

C.oeitit ?vice.
this day.

riustness
this day.

COURT OF CHANCERY.

This was the last day of Michaelmas Term, and the
Lord Chancellor will not sit again in this court till
Monday neat. his lordship, therefore, this morning
disposed of nearly all the cases standing for judgment.
WALTERS V. THE NORTHERN COAL COMPANY.—JUDGMENT.

CORN EXCHANGE.
Most of the country markets held on Saturday were
very dull for wheat, although the supplies were but mo-
derate, and prices gave way from is to 2s per quarter. The
demand for barley was less active, at barely the late im-
provement in value. Malt ruled inactive. Oats, beans,
peas, and flour were dull.

The Lord Chancellor gare judgment in this case,
which was argued before him in July last, upon an ap-
peal from the decision of Vice-Chancellor Wood. The
bill was filed by Mr. Walters against the official mana-
ger, for winding up the affairs of the Northern Coal
Company, for the purpose of obtaining an account and
payment of the arrears of rent, due from the company
for certain coal mines, of which a gentleman of the
name of Ord had granted them a lease, at a rental of
850/. a-year. The company was established in the year
1338, and in the following year the lease was granted by
Mr. Ord, whose interests plaintiff represented.
The shareholders of the company becoming dis-
satisfied with the directors and their management,
the company was ultimately wound up under the Wind-
ing-up Act ; and Walters lacing unable to obtain any
rent or satisfaction from the company, it being asserted
that, in the events that had happened, the plaintiff had
no right to a specific performance of the lease, he filed
his present bill, which the Vice-Chancellor dismissed
with costs. The Lord Chancellor, agreeing with that
judgment, ordered the appeal to be dismissed with costs.

Large quantities of grain and flour continue to be dis-
posed of in the American markets for shipment to Europe.
The continental markets are dull, yet prices aro fully sup-
ported.

Very moderate supplies of English grain were received
up to our market last week. The imports amounted to
6,580 quarters of wheat, 25,540 oats, 2,152 beans, 2,062
peas, 495 tares, 1,119, linseed, 3,284 rapeseed, 240 mus-
tard send, 1,174 sundry seeds, and 13,454 barrels of flour.
The quantity of English wheat received fresh up to our
market to-day, coastwise and by land carriage, was very
moderate, and a large portion of it was poor in quali y, and
otherwise out of condition. However, as the country
markets came lower, and as the attendance of millers was
limited, the demand for all kinds 'of wheat of home pro-
duce ruled exceedingly heavy, at a decline in the quota-
tions realised on Monday last of from 2s to 3s per quarter.
With foreign wheat we were but moderately supplied.
The transactions in all kinds were so trifling that the cur-
rencies were almost nominal ; but there was more disposi-
tion shown tO make sales by some of the large holders.
Floating cargoes of grain wore mostly held at full quo-
tations. The sapply of bailey was small, yet the inquiry
for all kinds was less active, at the late improvement in
value.

SCALES V. DIMME.-JUDGMENT.
The Lord Chancellor gave judgment in this case,
which came bef,re him upon appeal from the decision of
Vice-Chancellor Stuart. The bill was filed by the plain-
tiff, one of the executors of a maiden lady named Bate-
man, for the purpose of foreclosing a mortgage which
had been made to her for the sum of 2,5001. The ob-
jection by the defendant who represented the mortgagers
to the plaintiff's bill was, that Miss Bateman had written
letters to the relatives of the mortgagers, which in equity
would amount to a declaration of trust of that mortgage,
and therefore that it could not be foreclosed. Vice-
Chancellor Stuart ordered the mortgage to be foreclosed,
and the Lord Chancellor, agreeing with that decision,
dismissed the appeal with costs.

Malt sold slowly, at last week's currency.
There was a good supply of foreign oats in the market.
Primo samples moved off steadily, at full quotations. In-
ferior kinds were a dull inquiry.

We had less activity in the sale of beans, at barely late
rates.

Peas moved off slowly, on former terms.
The flour trade was very dull, and, in some instances,
prices were rather in favour of buyers.

STGDDART V. NELSON---3TIDGMENT.
This was also an appeal from the judgment of the
Vice-Chancellor Stuart, in which the Lord Chancellor
now gave his decision. The testator in the cause
directed his property to be sold, and the proceeds to be
divided among his "cousins" living at his death, and
the question in the case was what the testator meant by
that word. Vice-Chancellor Stuart held that he meant
all his cousina, of whatever denomination they might be,
and from that decision the parties aggrieved appealed.

CURRENCY PER IMPERIAL MEASURE.
Whest—Essez & Kent, Tit—elevaller 823 to 84s
Red .. • • new 643 to 81 a Oats Yorkshire and
Ditto• • ...... old 77s 88a Lineolnsh., Feed 26s 30s
Ditto, White new 68s Blis Potato . . . 28s 34s
Ditt0........ old Bes 95s Yonghal and Cork
Norfolk and bin- Black •••• 25s 28s
coin, Red, old 81s 892 Cork, White 26s 30s
Ditto new •• .• •• 643 82s Scotch, Feed..... 27s 34s
Rys—Old ............ —s —s Beaus—Tick ...•..... 42s 41s
New ............503 52s Pigeons ... 44s 57s
Batley—Grinding ....• 383 423 Peas—Grey 43s 46s
Malting .....•• •• 42; 443 Map1e........... 453 48s
Chevalier.. •• • • 45s 48s' White." •• •• •• 50s 54s
lialt—Saflolkand Nor- Boilers ......... 52s 56s
f01k............ 743 821 Flour—Town-made... 751 77s
Crown. • • .• • • .... •• G4a 703 Suffolk 61s 62a
KiagatOnandWare 783 803 Bto4ktn &Norfolk 6ls 628

The Lord Chancellor considered that the Vice-Chan-
cellor had failed in his judgment, and that the clear Ll-
tention of the testator was to benefit bis "first cousins"
only. The judgment of the Court below must therefore
be reversed, and advertisements issued for the first
cousins of the testator.

Appeal dismissed ; the costs of all parties to come out
of the testator's estate, the language he had used having
created the necessity f.ir the suit.

FOSTER V. OANTLEY-JUDGILEir.
The Lord Chancellor also gave judgment in this case,
varying the decree of the Vice-Chancellor.

QUEEN'S BENCH.
(Sittings in Banco, before Lord Campbell, Justices
Coleridge, Wightma,n, and Erle.)
CROFT V. LUMLEY-JUDGMENT.

Lord Campbell said this was a case brought before
the Court on an action of ejectment to recover posses-
sion of the house and premises known as the Opera-
house, on a forfeiture of the lease by reason of a breach
of covenant, and the questions for consideration were—
first, whether under the circumstances the lease had
been forfeited ? and, secondly, if forfeiture, had there
been a waver of the forfeiture ? The Court held that
the defendant had broken the lease by mortgaging the
theatre under warrants of attorney, but not by keep-
ing the theatre closed for a season. And the Court
also considered there bad been a waver of the for-
feiture of the lease by the acceptance of rent subse-
quently. The agent of the plaintiff did not receive
the amount paid by the defendant as rent, but accepted
it as compensation, reserving the right of re-entering
on the premises under the breach of the lease ; but it
was a maxim of law that money paid must be applied
to the purposes stated by the person paying, and not
inithe way the receiver might think fit. The Court saw
nu reason why that rule should not be applied to the trans-
action in question, and the money paid by the defen-
dant be placed, as he requested, towards the arrears of
rent. The receiving of the money was a waver of the
forfeiture of the lease, and the Court gave judgment
for the defendant.