The Sun.
London, England, 1865-12-15 00:00:00

In this case the plaintiffs, Messrs. Bransby, mer-
chants and upholsterers, carrying on business in the
Old Kent-road, claimed compensation in damages
for injury done to their credit by the defendants
dishonouring a cheque. The defendants pleaded
that at the time the cheque was presented for pay-
ment there were no funds of the plaintiffs available
in the hands of the bank, or that such had not
been paid in by the plaintiffs in reasonable time to
enable them to meet the demand.
Mr. Montagu Chambers, Q.C., Mr. Joyce,. and
Mr. Channell were counsel for the plaintiffs ; and
Mr. Karslake, Q.C., and Sir J. Honeyman for the
defendants.
Mr. Chambers stated the case, from which it
appeared that the plaintiffs had been induced by
the auditor of the bank to become customers, the
manager's agency to pay his cheques. On the 24th
March, 1865, the plaintiffs received a letter from the
manager of the bank to the effect that plaintiffs'
cheques would no longer' be paid unless they left
after payment of the same a clear balance of £lOO
collateral security, and enclosed a form to that
effect, which was filled up by the plaintiffs. On the
13th May, 1865, the plaintiffs paid into the bank a
cheque drawn on Sir Claude Scott's bank in Caven-
dish-square. According to the custom of the bank,
a passbook was kept of the debit and credit account
between the bank and the customers, and in the
plaintiffs' book there was an entry crediting the
plaintiffs with a balance of £235, they having pre-
vious to the paying in of the cheque £B5 in the
bank. At this time the plaintiffs were indebted in
a sum of about £lOO to a Mr. Lake, who held their
cheque, which was overdue. He applied to them
for payment, but consented for the present to accept
a cheque for £l7 10s. on the defendants' bank. On
presenting this cheque some excuse was made, and he
was unable to obtain payment, upon which he sued
the plaintiffs for the whole amount of their debt.
Several witnesses were called as to the practice
of banks-, and it was contended for the defence, in
addition to the pleas placed on the record, that the
plaintiffs could show no special damage.
The plaintiffs were non-suited.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE THE REV. R. W. J. TOLLEMACHE.

This bankrupt, who was described as a clerk in
holy orders, of Leigh, Essex, came up again to-day
for the order of discharge. His accounts have not
yet been filed, and it appears that there is an old
bankruptcy still in existence and undecided. His
Honour decided that he could not interfere, and the
case was again adjourned till February next.

SHERIFFS' COURT.
EQUITY IN THE SHERIFFS' COURT.-A SERIOUS

QUESTION.

A very serious question is likely to arise in
reference to Chancery cases brought in the Sheriff&
Court, inasmuch as an omission in the new act
renders the rights of suitors somewhat difficult. In
the County Courts there is a special clause which
enables the parties dissatisfied with the decision of
the judges to appeal to the Vice-Chancellors ; but
in the course of the case tried recently and reported
in this journal, Mr. Commissioner Kerr pointed out
to the learned counsel engaged in the case that
there was some doubt as to the right of appeal
against a decision given by himself as judge of the
Sheriffs' Court, and therefore the parties might if they
pleased remove the case. This was declined, and
the case proceeded, but the reporter has since re-
ferred to the act, and also to the books, one by
Messrs. Gibbons and Harvey, and the other by Mr.
Davis, and singularly enough they both agree that
that there is no appeal from the Sheriffs' Court. The
learned gentlemen who have written upon the sub-
ject express a decided opinion that while the words
of the section apply to county courts positively, there
is an omission of any mention of the Sheriffs' Court,
and therefore there is no appeal. Mr. Commissioner
Kerr has, in fact, settled this serious question, but
no doubt it will come before one of the vice-chancel-
lors in due course, as it has created some surprise in
the City.

POLICE INTELLIGENCE.—This Day.