The Sun.
London, England, 1837-05-24 00:00:00

WATERS V. TAYLOR

LORDSHIP gave judgment in this case, which catnc be-
fore the Court upon petition, for the purpose of opening a so-
licitor's bill. His Lordship was of opinion there was no ground
for the petition, and ordered it to be dismissed with costs.

ROLLS COURT.--(THIS DAY.)

BUOWN V. itY.NEDITII.-JUDGMENT.

This was a bill filed for the purpose of establishing the right
of Mrs. Ann Hall to dower out of the estate of her first
husband, and have it declared that the plaintiffs were entitled
to such dower.

His Lordship the MASTER Cir 7 Rou,s gave judgment,
and was of opinion that Mr. Hall had not rkssigned his wife's
claim to dower to the plaintiffs, and that the plaintiffs had no
right to the relief they asked therefore the demurrer which
had been put in to the bill must be allowed.

LYNN V. ',MATER AND OTIIERS.-JVDOMPNT.

In this case the plaintiffs, John Lynn, and his ion, James
Lynn, and the defendant Carnwath, were the joint owners
of a ship Called The Friends. The share of Carnwath was
mortgaged for more titan its value to the plaintiffs. They were
desirous of selling the ship, and employed Mr. Lynn as
their agent for that purpose. Lynn end a person of the
name of John Wright, acting for himself, and, also, as it ap-
peared on behalf of the defendant Chater, agreed to pur-
chase the ship for 7501., one third of which was to be paid im-
mediately in cash, another third in three months, and the
remaining third in six months. On the 16th August, 1833,
the parties met to complete the purchase, and three bills of
sale were executed. On that occasion a 2,1 M of 2501. was
paid by Wright by a cheque on his banker, and Wright ac-
cepted two bills for 2501. each, drawn on him by the plaintiffs,
one payable in three and the other in six months. On the
payment of the 250/. and the &livery of these acceptances,
the
_possession of the ship was given up to the purchasers.
The two bills were dishonoured when presented for payment, and
Wright became a bankrupt. Upon an action being brought
by the plaintiffs against Chater, he pleaded that by the exe-
cution of a bill of sale whereby 492/. was expressed to be paid,
the plaintiffs were precluded from saying the defendant had
not paid for his share for the ship. The plaintiffs being ad-
vised that the plea was good, abandoned their action and
filed the present bill, which prayed that the defendant, Cha-
ter, might be ordered to pay the amount of the two bills of
exchange, or that the ship should be re-sold, and the proceeds
applied in payment of those bills. The defendant, Chater,
alleged that by the agreement he was not to be liable to pay
the bills ; that Wright had money belonging to him in his
hands ; that this was known to the venders, and in conse-
quence thereof agreed that the bills taken in payment should
be the bills of Wright alone; that he, Chater, had nothing to
do with the payment of them ; and for these reasons it was
contended on Chater's behalf that the bill must be dismissed,
for its sole object was to obtain, as against him, payment of the
money due on the acceptances.
The MASTER of the ROLLS, however, thought that the
reasons assigned by Chater for the acceptance of the bills by
Wright alone were altogether disproved by the evidence that
there was no previous agreement that Chater should be exone-
rated; and therefore his Lordship was of opinion that Chater
remained liable for the payment of the unpaid purchase-
money, notwithstanding the form of the bills given for the
amount. The decree must be for an account of what was
due in respect of the purchase-money ; and, if that money
was not paid, there would have to be a re-sale of the ship.
The ship was at present in the possession of Chater, and his
Lordship directed an injunction to issue to restrain him from
parting with the ship until he had paid what should be found
due from him.

LLOYD'S SHIPPING.-(THIS DAY.)

DEAL, MAT 23.—Wind N. E., light.—Arrived the Barreto,
Sanders, from Calcutta; Ann, White, from Belfast; and
Mary, from Limerick.
PORTSMOUTH, MAY 23.—Wind N. N. E.—Arrived the St.
James, Lebor, from New York ; and Richmond, West, from
London, bows stove, and lost stem, &c., having been in contact
with the Boreas, Wright, of Shields, which vessel sunk—crew
saved.

FALMOUTH, MAT 22.—Wind N.N.E., fresh breezes.—
Arrived his Majesty's ship Pantaloon, from Lisbon, sailed
14th instant.

OFF SCILLY.—The Lyra packet, from West Indies—sailed
from St. Thomas 26th ult. ; Jane, from Rio Janeiro ; and
Thaines, from Jamaica.
BRISTOL, MAY 22.—Arrived Nieu Onderneming, Memel.
LIVERPOOL, MAY 22. Arrived the Arroes, Hall, from
Malaga; and Mary, from Dantzic.
OFF STROMNEFS.—The Cousins, Gascoigne, from Memel,
full of water, having struck on Cantick Head—bound to Dublin.
WELLS, MAY 23.—1 t blew a heavy gale yesterday from
N. to N. E.

DOVER, MAY 22.—A large wreck of some large ship's
masts and spars was fallen in with this morning, the ship
light bearing W. by S., about 11 miles from the Lead, by
the Dartford (steamer), arrived off this port.
EASTBOURNE, MAY 23.—A brig was discovered about six
miles S. E. off this place, sunk with her masts broken off
close to the deck, with keel upwards. From the appearance
of the water she is supposed to be laden with oil.
ANTIGUA, APRIL 20. —The Alexander came to anchor in
John's Roads on the 14th instant, making five inches water
per hour.
PARIS, MAY 22.—The Laurence foundered off the Isle of
May on the 9th Feb.—crew saved.

The Manico, Wright, of Newcastle, was driven on shore at
Brancaster 22d inst., abandoned, and with loss of rudder,
18 inches' water in the cabin, most of the rigging and stores
saved ; she is lying in a dangerous situation, and, it is feared,
will become a wreck.