The Sun.
London, England, 1865-10-21 00:00:00

LAW INTELLIGENCE

COURT OF BANKRUPTCY.

(Before Mr. Commissioner Goulburn)
IN RE SIR R. NICHOLSON-A BARONET'S TROUBLES.

This bankrupt, who was described as of many addresses,
again came up before the Court to-day, for the purpose of
obtaining the order of discharge from custody. The case
has been mentioned upon many occasions, and recently an
attempt was made to get a choice of assignees, but it failed.
The debts are not large, and Mr. Sargood opposed on be-
half of the West-end creditors.

The learned Counsel stated that the bankrupt bad con-
tracted debts in every place in which ho had taken up his
location, and his release was most strenuously opposed.
Mr. Lawrence, for the bankrupt, said his client had been
in custody since June, and surely no good could result
from keeping him any longer confined.
Mr. Sargood said that 20 creditors claimed £1,798, and
the bankrupt had systematically contracted debts from
which he had absconded.

His Honour said that it would be very much better to
send the case to Mr. Winslow, and looking at all the facts
the application ought to be dismissed.

Here the bankrupt came before the court in forma pan
peril.

Mr. Lawrence—He does not.

His Honour—He did on the first occasion.

Mr. Lawrence—He does not now, and I think the appli-
cation should not be dismissed, but adjourned.
His Honour then adjourned the application for Mr,
Winslow to deal with it.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
A CITY MERCHANT AND HIS SHAVING SOAP-FOSTER V.

RIMMELL,

This was an action in which plaintiff, a merchant, of 9,
Union-court, Old Broad-street, sued defendant, a perfumer,
of 24, Cornhill, to recover is., the price paid for a cake of
shaving soap.

The plaintiff stated that a short time since he went into
defendant's shop for the purpose of purchasing a cake of
shaving soap. The shopman charged Is., and, in answer
to plaintiff, declared that it would make a splendid lather,
and enable him to shave easy. When he tried it, however,
plaintiff discovered that it made nn more lather than a
penny cake of Windsor. Under -these circumstances,
plaintiff sought to recover his shilling.
His Honour—The shopman said it would make a good
lather ?
Plaintiff—Yes.

His Honour—That is no warranty, but merely a trades-
man's puff. It is a great pity that tradesmen should puff,
but a puff is not a warranty.

Plaintiff—l think when lam induced to pay one shilling
f9r a cake of soap upon the faith of what the shopman
says that I am entitled to get my money back in the event
of failure.

His Honour—You are not. As I said before, it is very
common for tradesmen to puff their goods, and though the
system is not at all commendable, a puff does not consti-
tute a warranty.

Plaintiff—Suppose I wore to go into a shop and ask for
a gold chain, price £6 65., does your honour mean to say
that I could not got my money back if it turned out to be
brass.

His Honour—No ;if you buy gold you are entitled to
gold.

Defendant's shopman said the soap (of which he pro-
duced a cake) had been sold for many years without a
complaint.

His Honour—There is no case; I find for defendan
Verdict for defendant.

POLICE INTELLIGENCE.—This Day.

BOW-STREET.

A PAINFUL SCENE.--A cabman named Jones was placed
at the bar before Mr. Flowers charged with violently as-
saulting his wife.

Mary Ann Collins said she was the wife of a bookbinder,
residing in Fairfax-court, Strand. On the evening of t4e
4th inst. she saw the defendant and complainant talking
loudly together. The woman said to him " I was very
young when I married you," and in a few minutes
after she saw him cutting at her with his whip.
Previous to which she had seen him knock her
down with his fist. He got on his cab and wanted to drive
away, but the woman clung to the vehicle. She followed
for some distance, when she fell to the ground, and the cab
run over her. She was picked up much injured and con-
veyed to Charing-cross Hospital, and the defendant was
taken into custody.

Elizabeth Jones said she was the wife of the prisoner.
On the 4th of this month she met her husband's cab stand-
ing near Exeter Hall by accident, after an abseace of more
than 12 months. He had been evading a warrant issued by
the parish. She went up to him and told him that
as he was in London she should have him taken up,
when he struck her a violent blow with the
butt-end of his whip, which loosened three of her
teeth. She went behind the cab, a Hansom, to
take his number, when he kicked her in the throat and rode
off. She caught hold of the cab and followed it for some
time, when the prisoner began cutting and slashing her
with his whip, and eventually she was knocked down by
the cab and run over. On recovering consciousness she
found herself in Charing-cross Hospital.
The poor woman, who at first had to be assisted into
court, here became so overpowered that she was unable to
continue her evidence, and sinking back in the chair in which
she was making her statement, cried out, " Take me away,
take me away," and before she could be carried from the
court she became perfectly insensible. As soon as possible
she was taken back to the hospital, which it seems strange
she should have been allowed to leave in the condition
in which she appeared in Court.
Mr. Flowers said it was impossible to proceed with the
case, and he therefore should remand the defendant for
fourteen days, but he would take bail for his appearance.
The required sureties having been taken, the defendant
left the dock amidst the hissing of several persons in court.