The Sun.
London, England, 1862-04-17 00:00:00

fendant to move to enter the verdict for the other side.

Mr. Hawkins, Q.C., this morning moved the court ac•
cordingly. He said the balance of the account in question
was for the carriage of some hay and straw, in which the
Messrs. Toomer were dealers; and, although the amount
sought to be recovered was small, the principle involved
was considerable.

Mr. Justice Blackburn said he recollected the case, and
it was one which created a great a great deal of interest.
Mr. Hawkins said that was so, The Messrs. Toomer
resided at Twyford, in Berkshire, and the goods were sent
on the 14th May, 1861, and amounted to four tons; but as
the straw was a very balky material two trucks were em-
ployed in its conveyance, and the railway claimed to charge
according to the number A trucks occupied, which were
constructed to carry thre; ,ons each, and not for the actual
weight of the material sent, Therefore, although the
weight amounted to only four tons, six were charged for by
the Company when the account was sent in.
Mr. Justice Crompton asked whether the goods did not
occupy two trucks in its transmission ?
_ _

Mr. Hawkins said it did, but then his clients contended
that they ought not to ' e ca' ed upon to pay for more than
the actual weight of tL, straw.

Mr, Justice Blackb cn said if _ e recollected rightly the
defendants had been informed that if they sent straw after
a certain date the amount would be charged according to
the number of trucks employed.

Mr. Hawkins thought that the company were not em-
powered to send such a special notice to the Messrs. Toomer.
His clients never for a moment objected to pay for the
actual weight of the straw, but they did object to pay for
six tons when only four were sent.
The Court granted a rule to show cause.

SHERIFFS' COURT.
(Before Mr. Kerr.)

THE QUEEN'S HALF-CROWN AGAIN.-MARKS V. HOWES.
This was an action to recover one quarter's rent, Mr.
Sorrell of Mark-lane, appearing for the defendant.
The plaintiff having been sworn, Mr. Sorrell as a preli-
minary step asked if there was not an agreement.

Plaintiff—There is not.
willM stater.S so.
Sorrell— I am instructed that there is, and my client

Defendant—Yes ;an agreement was drawn up on a piece
of note paper, and signed in the presence of a thil d party.
Plaintiff was quite certain there was no agreement, but
his honour said he thought there was one, He supposed
t was the old story. He would find for the defendant
giving the plaintiff until the 21st April to produce the
agreement, if he thought proper to do so.
Verdict for defendant.

AN ATTORNEY REFUSING TO BRAVE THE COURT OF

CHANCERY.

Mr. Whitehurst applied to his honour to postpone some
cases for a week, as the defendant had obtained an injunc-
tion from the Court of Chancery.

His Honour was not aware of the extent of the Court of
Chancery over this court, but, perhaps, Mr. Whitehuret
might not like to brave that august tribunal.

Mr. Whitehurst—l am an officer of that court and must
abide by its decrees, so I think the cases had better stand
over for a week.

His Honour—ls it possible that anything can be settled
in the Court of Chancery in a week. (Great laughter.)
Mr. Whitehurst thought he might settle matters in that
time, and the cases were adjourned.