The Sun.
London, England, 1854-02-03 00:00:00

LA -W INTELLIGENCE.—Feb. 2,

COURT OF EXCHEQUER.
(Sittings in Banco.)

KROUCH V. THE GREAT NORTHERN RAILWAY COMPANY,

PACKED PARCELS.

In this case which was tried at York before Mr.
Justice Erle, a rule had been obtained to enter a verdict
for the plaintiff on two pleas, on the ground of misdirec-
tion. This was an action to recover damages from the
defendants for refusing to carry certain "packed parcel"
without an extra !payment of 50 per cent. on the usual
charge for parcels of that size and description ; and also
to recover back certain overcharges as money had and
received. It was proved that the defendants were cog-
nisant of the practice of tradespeople sending parcels
which contained several smaller packages addressed to
different consignees to one person for distribution, and
that the defendants did not make any extra charge ; but
in the instance of the present plaintiff and other carriers
they had demanded the extra payment on the ground
that they made a profit of the custom. It was insisted
by the carriers that under the railway acts the railway
companies had no power to make such distinction, but
that they were bound to charge all parties carrying,
whether private tradespeople without a profit, or whether
as carriers by profession, and for a profit, in the same
ratio. The learned judge ruled that there was such a
distinction as entitled the company to pursue the course
in question, and the present rule had been obtained on
that point. _ _

Mr. Knowles, Mr. Hill, and Mr. Hall now argued
in support of the ruling of the learned judge, and at-
tempted to distinguish this case from that of Parker and
the Great Western Railway Company, wherein it had
been held that no distinction could be supported be-
tween the one and the other class of merchandise.
The court were, however, of opinion that the cases
were identical, both in principle and facts, and the rule
must therefore be made absolute.
Rule absolute accordingly.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Evans.)
IN RE R. AND J. M. SPENCELEY.
The bankrupts, father and son. were sail makers and
ship chandlers of Wapping. The application for their
certificates were heard a few days ago, when they were
opposed by Mr. Turner, for the assignees, and by Mr.
Lawrance for a creditor, on the ground of extravagant
expenditure and obtaining credit on false representa-
tions.

His Honour now gave judgment. The certificate of
the elder bankrupt must be suspended for 12 months
from the day of hearing. When granted to be of the
third class. As he had clearly brought himself within
the third division of the penal clause, protection would
be withheld for six months. The certificate of J. M.
Spenceley would be granted as of the second class at the
end of six months.

Mr. Linklater, on behalf of the elder bankrupt, gave
notice of appeal.

IN RE TURNER.
The bankrupt, George Turner, was a baker, carrying
on business at North Brixton, Wandsworth. and other
places. This was the meeting for the last examination.
He owes to unsecured creditors, 2,6161. ; to those hold-
ing security, 5051. The assets, in good debts and pro-
perty, exclusive of the property held by creditors, are
estimated at about 8001. The profits (during 22 months)
had been 1,829/. ; losses, 1,890/. ; trade expenses,
1,847/. ; household and personal expenses, 4931. It ap-
peared that he had carried on business at the following,
places :—Wandsworth, Lower Marsh, Garden-row-
Great Wyld-street, Back Church-lane, Poplar, and Pa-
ragon-place. Of the trade expenses 8371. consisted of
wages ; and the losses, besides bad and doubtful debts,
comprised items arising from the difference between the
purchase and the sale of businesses and leases.
Mr. Hilleary, for the assignees, offered no opposition
and the bankrupt passed.