The Sun.
London, England, 1865-03-07 00:00:00

rHE SUN, LONDON, TUESDAY EVENiNG, MARCH 7,186 a,

LAW INTELLIGENCE—This Day

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)

JOINT-STOCK BANKS AND DISHONOITRED BILLS.-HALL 17,
THE MERCANTILE BANK.

This was an action to recover the balance of a deposit
account which had been retained by the defendants to meet
certain law expenses. It appeared upon a former hearing
that the plaintiff had an account at the bank, and he dis-
counted with them a bill of exchange to be placed to his
account. When the bill became due it was dishonoured,
and the bank sued both plaintiff and the acceptor. After
certain preliminary law expenses had been incurred plain-
tiff took up the bill and paid the costs as against himself.
He left a balance in the hands of the bank, which defen-
dants applied to the costs against the acceptor of the bill.
It was urged that plaintiff was not liable for these costs,
but on behalf of the bank Mr. Mathews contended that the
bill was now in the possession of the plaintiff, and there-
fore the bank were not in a position to sue the acceptor.
His Honour, to-day, gave judgment—He said, I have
looked into the case, and I find that the bank have no right
to withhold this money. They can sue the acceptor if
they have any claim against him, but they must pay
plaintiff the sum he now demands.

Mr. Mathews asked if the court would order the bill to
be given up to the bank, so that the acceptor might be
sued ?

His Honour—lt is not necessary. You can sue the ac•
ceptor under the 78th Section of the Common Law Pro.
cedure Act of 1859.

Mr. Mathews had no alternative then but to go on with
the first action.

His Honour—That may be, but the bank cannot retain
this money.
Verdict for the plaintiff, with costs.
THE ENGLISH LIFE ASSURANCE COMPANY AGAIN.—GRIFFITHS
V. THE ENGLISH LIFE ASSURANCE AND ADVANCE COMPANY

(LIMITED).
This was an action to recover the sum of £3 16s. upon a
policy of insurance granted by the defendants on Feb. Ist,
1864, payable on the death of W. G. Griffith; plaintiff
being described as of 14, Chambers-street, Whitechapel,
and defendants as of 75, Little Britain.
Plaintiff said- -I claim the money under a policy which I
now produce.
His Honour—ls the man Griffiths dead ?

Plaintiff—He is.

His Honour—And you cannot get your money ?

Plaintiff—No. I have applied for it, but cannot get my

money.
His Honour—ls that the company which has been re-
cently so much before the public ?
Plaintiff—lt is ; and I have here a newspaper with the
report of the case.
His Honour—l suppose the report rather frightened
you ?

Plaintiff—lt did, and it has frightened a good many
others. When I saw the report I began to be afraid that
the company meant to' shuffle out of its debts and liabi-

His Honour—Well, you will have a verdict for the pre-
sent claim, though I very much doubt that you will ever
get the money.
Plaintiff—So do I, sir.
The verdict then passed for the plaintiff with costs, all
to be paid forthwith.
No one appeared for the company, nor was it repre-
sented in any way.

POLICE INTELLIGENCE,—This Day.

MARLBOROUGH-STREET.

EXTENSIVE ROBBERY OF JEWELLERY AT A JEWELLER'S.—
Wm. Verzey, described as a blacksmith, and who was
convicted a few years ago for being concerned with others
in the plate robbery at Lord Foley's, was charged before
Mr. Tyrwhitt with being concerned w.th others not in
custody, in stealing a quantity of watches and jewellery,
of the value of .£7OO, the property of Mr. Nathan Woolf
Jacobson, jeweller, &c., of No. 312, Oxford-street.
Mr. Jacobson said that on returning home on the night
of the 24th February last, shortly after 12 o'clock, he found
that a robbery had taken place on his premises—the thieves
having either entered by the private door or been let in by
one of the workmen. The total amount of his loss was
about £7oo—the property missing consisting of gold
watches and chains, bracelets, diamond rings, and other
articles.

Mr. Tyrwhitt—Do you reside in the house ?
Mr. Jacobson Yes, sir, and there are several
other persons residing in the house—about 20. The rob-
bery must have taken place between 20 minutes to 11 and
20 minutes past.

Sergeant Charles Cole, of the C division, said that yes-
terday afternoon, about five o'clock, he went to the Thir-
teen Cantons, Soho, and, addressing the prisoner, said,
"Bill, I want you, for being concerned with others, not in
custody, in stealing a quantity of jewellery, of the value of
£7OO, from a jeweller's in Oxford-street," at the same time
telling him that I was a police-officer. The prisoner said
that he did not know what ho meant, and reluctantly went
with him to the station.

Police-constable William Loosley, 46 C, said that on the
evening of the 24th February, about 10 minutes past 10
o'clock, he saw the prisoner and two other men leave the
Duke of York publichouse, in Union-street. He followed
them into Oxford-street, when he saw no more of them.
Ile had seen the prisoner and the other men about the spot
—close to Mr. Jacobson's—nearly every night for a month
before, but not at all after the robbery.
Sergeant Colo said he should be able, if the prisoner was
remanded, to produce a person who saw the prisoner leave
the house.

Mr. Tyrwhitt asked if the prisoner was known.
Sergeant Cole said he had undergone penal servitude for
the plate robbery at Lord Foley's, and was shot at while
attempting to enter a jeweller and pawnbroker's shop at
Brighton.
The prisoner (who was roughly attired) said it was not
likely, if he had been concerned in such an extensive rob-
bery, that he would wear the clothes he did, and be with-
out a lodging.
Mr. Tyrwhitt remanded him for a week.
CONVICTION OF A COAL MERCHANT FOR OVERLOADING
ITORSES.-Mr. Wm. Etheridge, coal merchant, of Old Kent-
road, and John Sayers, a carman in his employ, were yes-
terday charged, before Mr. Tyrwhitt, by the Royal Society
for the Prevention of Cruelty to Animals, the former with
having caused two horses to be cruelly tortured, and the
latter with having cruelly ill-treated them.
Mr. Win. Love, attended to prosecute, and said that
cases of overloading horses in the streets of the metropolis
were of such frequent occurrence, more particularly among
coal merchants, that the society had deemed it right, after
having given a general caution to the carman, to proceed
against the master as well as the servant.
Captain the Hon. F. Charteris and Mr. Augustus Gardi-
ner, a gentleman residing at Highgate, then gave evidence
to the effect that on the 20th ult. they saw Sayers near St.
Martin's Church in charge of two horses and a waggon
heavily laden with coals—the waggon weighing 22 cwt.
and the coals three tons. The horses had come to a stand-
still, and were in an exhausted state. Sayers was sitting
on the box lashing the horses, and continued to flog them
in a violent manner for minutes. The witnesses and others
remonstrated with him, and he got from his box and tugged
and twisted the horses' heads about by the bits to no pur-
pose. The witnesses then went to the Royal Society to
lodge their complaint, and on their return to the place
Sayers had got the assistance of other horses, and proceeded
on his journey. The horses were poor, old, weak animals,
and the roads were in a slippery state, and the load they
had to draw was sufficient for four strong horses.
After hearing a witness for the defendants,

Mr. Tyrwhitt made some strong remarks on the defen-
dants' conduct, and fined Etheridge 40s. and Sayers 20s. or
a month in default.