The Sun.
London, England, 1837-05-03 00:00:00

LAW INTELLIGENCE.

CO I'll' 7' OF KING'S BENCII.—MA r 2.
LORD EGRLUONT V. SAUL.
This was an action for tolls. The cause was tried before
Lord Abin7er at the Summer Assizes in 1835. A verdict
was given for the plaintiff, and tt rule has since been ob-
tQined to set aside tint verdict and have a new trial.
Counsel were heard on both sides, and
The CoUIIT took time to consider tit 2 tiliqS6oll.
MAYALJ. t!, MILFORD.

This was an act4.3n on a policy of insurance, effected on
the machinery or a cotton mill. The policy contained
a warranty of different thinFe, and among the rest one
to the effect that tin mill should be " worked by-
clay
only." On one occasion the steam-engine which set
the machinery at work was kept in action during the night,
but its force was not directed upon the machinery of this
mill, but on that of en adjoining mill. This fact was stated in
the plea as an answer to the action, the plea alleging that
the stencil-engine and shaft were worked by night, and that
this was a breach of the warranty that the mill should not
be worked during the night. The cause was tried before
Lord Abinger at the Assizes, when a verdict was given for
the defendant. A rule had since been obtained to set aside
that verdict, and enter a verdict for the plaintiff.
Mr. CRESWELL showed cause.
11-ic ATTORNEY-GENERAL appeared to support the rule.
Rule absolute.

COURT OF COIILIf ON PLEAS, Mar 2.
CAPPER V. FOSTER.
This was an action of assumpsit for the breach of a con-
tract by charter-party, whereby the plaintiffs, the owners of
the ship Flora, engaged to supply a full and complete cargo
for her, with which the defendants engaged to proceed from
the Thames to Rio Nunez, and there to re-load a full and
complete cargo of certain articles that were mentioned—
" all or any of them"—permission being given to fill up any
unavoidable deficiency at St. Mary's. The breaches as-
signed were, first, that the dcfeneants did not load a full
and complete cargo at Rio Nunez ; secondly, that they did
not complete the cargo at St. Mary's with the articles spe-
cified in the charter-party ; and, thirdly, that they did not
pay for the cargo which they brought. There was a se-
cond general count as to the freight. The defendant's pleas
traversed the whole declaration. The action was tried
before the Loa]) CHIEF JUSTICE at Guildhall, when a ver-
dict was entered for the plaintiffs for 74/. odd, in addition
to 25/. which had been paid into Court. Sergeant TADDY
had obtained a rule to show cause why a verdict or judg-
ment should not be entered for the defendant, and that rule
now came on for argument.
Mr. Sergeant WILDE showed cause against it.
Mr. Sergeant TADDY supported it. -
The COURT deferred their judgment.

COURT OF EXCHEQUER, 11•14 r 2.

FOX AND WIFE V. CHINNOCE.

This was an action of trespass for an assault upon plain-
tiff's wife, alleged to have been committed upon the '2oth
of October last. The cause was tried before Mr. Baron
Gurney at the last Assizes for the country of Somerset,
when plaintiff obtained a verdict, with .501. damages. Mr.
Erle, in the course of the present Term, obtained a rule
to set this verdict aside and proceed to a new trial, upon
upon the ground of being taken by surprise, and also upon
affidavits tending to establish an alibi on the part of the
defendant.

The COURT discharged the rule. _
IN THE MATTER OF THE CORPORATION OF THE TRINITY

HOUSE, DEPTFORD-PETITION OF ELISON.

In 1795 the Corporation of the Master Wardens and
Company of the Trinity House demised to Lieutenant
Smith, R.N., for a term of fifty years, the beaconage,
buoyagc, and other tolls of the Longship's L;glithouse,
on the coast of Cornwall, together with the Wolk
Rock signal post, at the rent of 1001. a year, he
undertaking to build and keep up the light. He died
intestate in 1809, leaving a widow and four children,
who took according to the usual course of distribu-
tion. The widow died in 1835, leaving her property in
equal shares among the children, and appointing her son,
H. Pascoe Smith, her executor, who took out letters of
administration, and divided the property. In July, 1829,
the petitioner, Captain Elison, married one of the daughters,
but made no settlement on her. He afterwards granted an
annuity of 601. a year, charged on the fourth share of these
tolls which came to him in right of his wife to a person
named Kearney, and upon obtaining a further advance in,
creased the annuity charge to 240/. a year, to continue till
the expiration of the term, unless redeemed. Captain Eli-
son afterwards, in 1830, assigned his interest in the light-
house, &c., to two trustees, in trust to pay to his wife out
of the proceeds an annuity of 3001. a year till the expira-
tion of the lease. The petitioner prayed that, after setting
aside a sum sufficient to secure the payment to his wife,
Mrs. Elison, during the remainder of the term, of her an-
nuity of 3001. a year, the residue of the purchase money and
the interest should be paid out of Court, and handed over
to him.

His LORDSHIP was of opinion that he was bound to
comply with the prayer of the petition.—Ordered accord-
ingly.

_ADMIRALTY COURT, MAT 2.
THE BRANKEN MOOR.-SALVAGE.

This is a suit for salvage, promoted by the crews of
several luggers, comprising 54 men, against the owners of
the Branken Moor. It appeared that the latter vessel, while
on a voyage to Rio Janeiro, with a valuable cargo, on the 26th
of November last, having unsuccessfully endeavoured to
work through _the Downs, got into the Gull Stream ; that
a Deal boatman, of the name of Marsh, went out to her
assistance, and offered to take her into the Downs, and that
his services were accepted ; that in consequence of the
weather having become very boisterous, and having been
ran foul of by a brig, both her cables were slipped, and she
was running fast on the Brick Sand, but by the direction of
Marsh the was steered on the Sandwich Flats, in Pegwell
Bay ; that the gale increased, signals of distress were made,
and the loggers went out to render assistance ; that their
crews with great difficulty got near the Branken Moor, and
rescued the passengers, who, with Marsh, the master, and
crew, deserted the'vessel ; that another vessel, the Earl
Grey, with the assistance of the salvors, succeeded in light-
ening the ship, and afterwards brought her in safety to
Ramsgate harbour. The value of the ship and cargo
amounted to about 10,500/.

Dr. PIIIILIMORE contended, on behalf of the salvors,
that his party were entitled to a very liberal reward.
The Learned JUDGE could not consider that the services
rendered by Marsh entitled him to the character of a salvor,
and would dismiss his suit. The other parties had been
placed in extreme peril in assisting the vessel, and the Court
could not award less than 2001. to the salvors, with their
costs.

BANKRUPTCY COURT—Mir 2.
ELIZA LUCY VESTRIS'S BANKRUPTCY.
The first meetinr, of the creditors under the fiat issued
against Madame Vestris,' lessee of the Olympic Theatre,
but described as of Prince's-court, Storey's-gate, music-
seller, was hell to-day for the proof of debts and the choice
of assignees.
The number of creditors present was very small.
Mr. Keene attended on behalf of the creditors, and Mr.
Bacon as counsel for Madame Vestris.
Mr. Keene wished to ask Mr. Davis, who claimed to
prove fur 3501. a few questions.
Mr. Davis, in reply to the interrogations put to him,
had discounted the bill in question for Madame Vestris,
leaving her 230/., and had furnished her with wine for the
remainder, less the usual discount of 51. per cent. Madame
Vestris, at a private meeting of her creditors, had admitted
the correctness of this claim. He had not brought his
books with him, but they would show the transaction.
Mr. Keene submitted that as Mr. Davis was not pre-
pared with his books the claim must stand over.
Subsequently, however, Mr. Walnisley, Madame Ves-
tris's solicitor, stated that the debt was bona fide, the bank-
rupt having given a warrant of attorney for the amount,
and the proof was allowed.
Mr. Goidsherd appeared to prove for 300/. on two bills
of exchange, drawn upon the bankrupt by Mr. Anderson,
and accepted by Madame Vestris, being the same as the
claimant proved a few days since for at the first meeting of
the creditors of Mr. Anderson. The claimant gave 180/.
for the bill of 200/., and 80/. for the 1001. bill. He was
introduced to Mr. Anderson by a lady, and subsequently
to Madame Vestris, to discount bills for her. He (the
claimant) had several conversations with Madame Vestris
respecting the bills, and she expressed her sorrow that she
was in such a mess.—(Laughter.) He had only his banker's
book present to verify his statement.
The COMMISSIONER decided that the proof ought to be
allowed.
Mr. Keene asked if there had not been an action com-
menced against Madame Vestris on one of those bills ?
Mr. Guldsherd said an action had been commenced, but
that he took it out of the hands of the party who then held
it, paying money for it, and the action-was dropped.
Mr. Hooper, late treasurer of the. Olympic Theatre,