The Sun.
London, England, 1864-10-22 00:00:00

LAW INTELLIGENCE—This Day.

LORD MAYOR'S COURT.
(Before the Common Sergeant and a Jury).

TUE LAW OP LIABITITY-SINGULAR AND IMPORTANT
CASE-NORMAN V. EWINS.

This was an action to recover £3l 4s 4d for goods sold
and delivered, and defendant pleaded never indebted.

Mr Henry James (instructed by Mr Lloyd) appeared for
the plaintiff; Mr S. Joyce (instructed by Mr Ironies) re-
presenting defendant. The court was crowded by a number
of persons interested in the result of the proceedings, a
large sum of money being at stake.
Mr James having briefly opened the case, called a wit-
ness in the eervice of the plaintiff, who deposed that he re-
ceived an order from S. D. Ewins and Co., Ave Maria-
lane, and had satisfactory references to well-known firms.
Crossamined—l have not seen a Mr Hughes, but
heard that a number of persons have signed a composition
deed.

Mr Stevens said he had been to Ave Maria-lane, Saw
the title S. D. Ewins and Co. over the door, and Ewin and
Hughes on the side post.
_l2

Mr Crowther (in the absence of Mead and Powell), do-
posed that ho had nev:r received a circular notifying that
Ewins had retired from the firm, nor did defendant
mention to witnees that he had done so.

Cross-examined—l had a conversation with Mr Powell,
in presence of defendant, and said I was to. be called to
prove that he was a partner. Mr Powell made the remark,
" I thought you told me he ;was not in the firm." Other
witnesses deposed to the name being over the door, and to
the general belief that Mr Ewins was a partner,
Mr Joyce, on the part of defendant, called his client, who
said—l had carried on business for many years as a whole-
sale stationer at Ave Maria-lane. Hughes is my son-in-law.
I left the business in 1862, and Hughes took it. My name
was over the door. I had a circular printed when I left,
but Ido not remember sending it out. My boy delivered
it to my customers. I have not had one shilling out of the
business since I left, and I objected to my name being up.
If Hughes was successful I was to have per week out of
the business. I never authorised him to receipt a bill of
exchange in my name.

Cross-examined—l did not take ray name down, because
I did not think there was any harm in leaving it up. All
customers knew I had left the business.

Defendant's son did not remember leaving any circulars.
Mr Hughes said—l took the business in 1862. My
father-in-law never interfered. I have been unfortunate,
and a number of my creditors have signed a deed of com-
position.

Cross-examined—Everybody I bought of knew the busi-
ness was mine only. Although my father-in-law has ob.
jected to my using his name, I have accepted bills with the
name of " S. D. Ewins and C 0.," and kept that name upon
the door.

Mr James—But there was Ewins and Hughes at the
side. Who was the Ewins, and who was the Hughes ?
Witness—l was both. (Laughter.)

lir Joyce then urged that on this evidence defendant
was not liable. A rutin could not be made liable because
his name was kept over his door against his will.
Mr James insisted that defendant was liable if ho allowed
his name to be used in the manner described. No man
had a right to use the name of another against his will, and
if defendant allowed Hughes to do it he must take the oon-
sequences.

His Lordship, in summing up to the jury, said the first
question was who was trusted by the plaintiff, and in look-
ing at this point they must also consider the mode in which
the credit had been given. If thejury thought that defend.
ant had allowed his name to be used in such a manner as to
induce the creditors to believe him to be a partner, then he
was liable. If he did not, and the name had only been kept
up over the door as that of an old established firm, the
customers knowing that he was not in it, then the verdict
would be for defendant.

The Jury, after a brief consultation, found for tho
plaintiff.

COURT OF BANKRUPTCY.

(Before Mr Commissioner Winslow as Commissicner.)

IN RE LLOYD.-ITJDG3IENT.

This bankrupt was described as a captain in the army,
residing at Pimlico and at St Pancras, and applied for his
release from custody.
The bankrupt had obtained his order of discharge, but
was still detained in custody at the suit of Mr Jones, tailor,
Regent-street, for costs in an action, and for the detaining
creditor it was contended that the order of discharge did not
operate as a return against the creditors' present claim,
which was for costs in an action, judgment not having been
obtained until after the adjudication in bankruptcy, and the
creditor had only been admitted to prove for the amount of
the debt.

His Honour now gave judgment, deciding that the order
of discharge absolved the bankrupt from the costs, as well
as the debt, for which the action had been brought,

The order of release was therefore issued.
IN RE EASTCOTT.

This bankrupt was described as a mine proprietor, and
had been a director of several mining companies, late of
King's-road, Bill's-pond-road, and he now applied for his
release from custody. The debts amount to £1,102, and
no assets, the bankrupt appl3ing in forma pauperis,

IN RE JONES.

The bankrupt was described as of Mellon-street, Dorset-
square, lodging-house keeper, and this was a meeting far
last examination, which had been adjourned for goods,
cash, and deficiency account, and to answer requisitions by
the creditors.

Mr Bradleugh opposed on the ground that the accounts
were still unsatisfactory. The bankrupt had put down the
Mercantile Union and Investment Society as creditors for
£1,500, holding security to the extent of £1,030, but he
had not given any account of th 3 value of the freehold and
leasehold property given up as security, and furniture sold
under a bill of sale. Bankrupt had set down a number of
accommodation bills, which in fact had been given to loan
societies, in one case for £5O as security for £25.
His Honour asked the bankrupt whether he intended to
swear to those accounts.

The bankrupt said he had given a bond for £1,500 to the
Mercantile Union, and thought himself liable, as the ro-
payments of £l,OOO borrowed was to sxtend over 10 years.
His Honour adjourned the case for further accounts.

MARKETS--This Day.

COVENT GARDEN.

Moderate supplies of fruit and vegetables are on sale here
to-day. The demand for most kinds is steady at the an-
nexed rates:—

FRUIT.

B. d. s. d.
Pine apples 7 0 to 8 0
Foreign do., each 1 6 to 2 6
Grrapes,per lb 2 6 to 6 0
Foreign do 1 0 to 1 6
Melons ....
Nectarines, per dz 0 0 to 0 0
Apples, per hf-sv. 1 3 to 3 0
Pears, per do 1 3 to 3 6
Oranges, per 100..10 0 to 14 0
Lemons, per 100 4 0 to 8 0
Gooseberrieshf sveJ 0 to 0 0
Strawberries pr pt 0 0 to 0 0

8. d. ed
Mulberries,prpt 0 oto 0 0
Cherries, per lb. 0 oto 0 0
Foreign ditto, puno oto 0 0
Filberts, per lb .. 0 Bto 1 U
Walnuts, per 100 1 oto 2 0
Cobnuts, per lb .. 0 oto 0 0
Almonds, per bus 0 oto 0 0
Figs, per doz. .... 0 oto 0 0
Teaches, per d 0... 0 oto 0 0
Currants, per h.sv 0 oto 0 0
Plums, per do. .. 3 6to 4 0
Greengages, pr do. 0 oto 0 0

VEGETABLES.
Greens, dz bunch 4 6to 5 6 Shallots, per lb .. 0 oto 0
Cabbages, pr doz 1 6to 3 0 Horseradish, pdo 1 oto 2 0
Ilse' ditto 1 6so 3 6 Parsley, per ditto 0 oto 0 0
Savoy do., pr dz. 0 oto 0 0 i Celery, per ditto 0 oto 0
Cauliflowers, pdz 0 oto 0 0 Beet, per doz. .. 0 oto 0 3
lirocoli sprouts 0 oto 0 0 Parsnips, per do. 0 oto 0 0
Potatoes, per ton 70 oto 100 0 Small salad, p. pn, 0 oto 0 6
New ditto, pr cwt 0 oto 0 0 Mushrooms, p pt. 0 oto 0 0
Turnips, dz bunch 2 6to 3 0 Artichokes, each 0 oto 0 0
Carrots,pr do 4 6to 5 6 Cos lett, score .. 0 oto 0 0
Cucumbers 0 4to 1 61Mint and savory.. 0 oto 0 0
Garlic, per lb 0 oto 0 0 Endive, per score 0 oto 0 0
Sorrel, per sieve 0 oto 0 0 Radishes, dz hnds 0 oto 0 3
Green peas,h.-sv. 0 oto 0 0 Tomatoes, doz... 0 oto 0 0
French beans,h.s. 0 oto 0 0 Chillies, per ditto 0 oto 0 0
Onions, doz. bu 1 6 to 2 0 J Capsicums, per do 0 oto 0 0
New Do., dz bun 0 uto 0 0 I Rhubarb, per bun 0 oto 0 0
Spinach 0 oto 0 0! Asparagus, pr do. 0 0 to 0 0
Brussels sprouts 0 oto 0 0 Seakale, per bun. 0 oto 0 0

P OULTR Y.
Turkeys, 5s Od to 7s Od ; geese, 4s 9d to 7s Od each ;
goslings, Os to Os Od; ducks, 2s Od to 3s 6d; ducklings,
Os Od to Os Od; rabbits, is Od to 2s Od each; wild do., is
to is 2d ; pigeons, Os 5d to Os bd each; Surrey fowls,
7s Od to 12s Od ; chickens, 4s to 7s Od ; barn door fowls,
3s Od to 58 Od; capons, Os Od; hares, 28 6d to 3s Od ;
ptarmigan, Os Od to Os Od each ; pheasants, 2s to 3s 6d ;
partridges, is to is 9d; woodcocks, Os to Os Od; snipes, Od
to Os Od; teal, Os Od to Os Od ; wild ducks, is 6d to 2s Od ;
widgeons, Os Od to Os Od; plovers, Os Od to Od each;
guinea fowls, Os Od to Os Od ; roasting pigs, Os Od to Os Od
each; Ostend fresh butter, is 2d to is 3d ; English, is 3d
to Is 5d per lb ; English eggs, 10s Od to Os Od ; French do.,
8s Od to Os Od per 100; leverets, Os Od to Os Od ; grouse, 2s
01 to 3s Od.

BILLINGSGATE.

Salmon, Os Od. to Os Od ; trout, Od to Od ; eels, 3d to is ;
prawns, Os ' • pike, skate, sturgeon, and halibut, 6d per
Ib ; turbots, 4s Od to 15s ; cod, 2s 6d to 15s Od ; brills, is Od
to 7s Od ; doreys, is Od to 7s Od ; mullets, is Od to 2s Od ;
lobsters, is Od to 4s:; crabs, is to 3s Od ; plaice and garnets,
Od to Os Od each; soles, 8d to 3s Od per pair; common
oysters, Ss to 30s ; natives, —s to 84s per bush.; whitings,
bs Od to 9s; haddocks, Os to 308 ; smelts, Os Od to Os Od;
flounders, Os Od per dozen; mackerel, —f3 to —s per 120 ;
fresh herrings, 6s to Os per 100 ; bloaters, Os to Os per 100;
carp and tench, Os Od to Os per brace.