The Sun.
London, England, 1863-08-12 00:00:00

THE SUN, LONDON, WEDNESDAY E\

LAW INTELLIGENCE—This Day

SHERIFFS' COURT.
(Before Mr. Kerr.)
THE STATUTE OF FRAUDS.-IMPORTANT TO THOSE IN

TRADE.-RIBBLE V. PHILLIPS.
This was an action to recover £4 18s. for damage in the
non delivery of certain fruit. Mr. Buchanan appeared for
the plaintiff, who is a fruiterer in the country, and Mr.
Lewis, jun., for defendant, who is a wholesale fruiterer of
the City.
Mr. Buchanan, in opening plaintiff's case, said that
during the course of the present year Mr. Kibble, who had
previously dealt with defendant, gave au order for nuts and
oranges to the extent of £l9 10s. The next day he received
a letter stating the goods could not be sent, but he forwarded
a£s note to defendant, and it was returned. Now plaintiff
had in all his dealings with the defendant hitherto invari-
ably paid by instalments, and this refusal, suddenly, to
supply him necessitated his coming to London, which cost
£l, and entailed a trade loss of £3 18s.
Mr. Lewis inquired if there had been any contract in
writing, because, if not, as the amount was over £lO, the
plaintiff was out of Court under the statute of frauds.
Mr. Buchanan admitted that there was no immediate
contract in writing, but he produced two letters from de-
fendant or his foreman, in which the verbal contract was
alluded to, and this, coupled with the order in the book,
would. he contended, take it out of the statute.
His Honour ruled that any subsequent writings in which

the goods and the price were stated, could be taken to make
out a complete contract. In this case the letters put in
said " your goods at the price mentioned," and therefore
the court would hold a contract within the term of the
Act.

Plaintiff was examined, but his answers did not make
out the sum claimed, and his Honour said he could only
award one farthing damages.
Mr. Grant (deputy clerk)—lt must be a penny.
His Honour—l find in this court that it must be one
penny, and that is all I can give plaintiff.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

SYSTEMATIC ROBBERIES BY A COOK.—AN UNFOZTU.•
NATE PROSECUTOR.—Ann Pollendine, cook in the service
of Mr. John Dickenson Betts, tea dealer, of 262, Oxford-
street, was brought before Mr. Tyrwhitt by Sergeant Cole,
23 C, charged with stealing several sums of money belong-
ing to her master, in all about £4B, the robberies having
been carried on in a most artful and systematic manner.

Mrs. Betts, the wife of the prosecutor, deposed that the
prisoner had been in her service as cook for some time. On
Monday week the prisoner went for a holiday and returned
the following Friday evening, and shortly after left the
house and never returned. A day or two afterwards it was
discovered that money which had been given to the pri-
soner to pay the different tradesmen's bills had never been
paid them.
Sergeant Cole, who apprehended the prisoner at No. 9,
Brown-street, Grosvenor-square, said that he had ascer-
tained that part of the prisoner's system was to receive the
bills from the tradesmen, and then to avoid the words "bill
delivered" being seen by her mistress, which would have
shown that previous bills had not been paid, to make oat
fresh ones in her own handwriting, and to receipt them
herself. In one case the prisoner had failed to pay a bill of
£39 10s. to Mr. Spinks, butcher, of Crawford-street,
Bryanston-square. One of the tradesmen, Mr. Hay, baker,
of North Audley-street, was present to prove the non-pay-
ment of a bill.
Mr. Hay proved that he had not received payment of a
bill for 9s. 3d. produced, nor any money since November
last.
Sergeant Cole asked for a remand.
Mr. Tyrwhitt at once granted it, and said that these
eases, of which there had been several before the Court
lately, all arose through persons not seeing their tradesmen
themselves, which they ought to do once a fortnight.
The prisoner was then remanded.
The prosecutor is rather unfortunate, his traveller having
recently absconded with defalcations to the amount of £l2O.

RAIL W.

,ENCE

LONDON AND BLACKWALL.

The half-yearly meeting of this company was held yester-
day at the London Tavern; Mr. J. N. Daniell in the chair.
The report stated that the gross revenue from all sources,
with the balance of £997 from the previous account, was
£61,546 and the expenditure £21,394, leaving a net profit
Of £40,152; and after plyment of £8,469 for interest on
debentures there was a balance of £31,682 for dividend.
Resolutions were passed adopting the report, declaring a
dividend for the past half-year at the rate of 31 per cent.
per annum on the ordinary stock of the company, and
authorizing the directors to borrow £lOO,OOO.