The Sun.
London, England, 1854-03-15 00:00:00

SECONDARTES COURT.-{THIS DAY.)

(Before Mr. Secondary Potter.)

IMPORTANT QUESTION ON A FOREIGN BILL OP EXCHANGE.

HANCOCK V. BORGEAU.

The plaintiff in this action was formerly an hotel-
keeper at Paris, and defendent, who residei there .
1843, but now resides in London, and carries on busi-
ness as a tailor. The action was brought to recover the
sum of 9/. 7s. Bd., the balance due on a bill of exchange.
The defendant pleaded several pleas, amongst which
was the statute of limitations, and a set off.
Mr. .7. R. Chidley, Gresham-street, stated the case
for the plaintiff, and it appeared that the bill was given
so far back as April, 1843, but owing to defendant hav-
ing come to England, and plaintiff continuing to reside
in Paris, no proceedings had been taken. In 1852,
however, plaintiff came to England and found the defen-
dant, and an arrangement was made that he defendant
should make a suit of clothes for plaintiff for 71., which
was to go off the bill. The suit was made and de-
livered, and a memorandum was indorsed on the bill by
way of receipt for the 71., since which defendant had
paid ls.

- Plaintiff was examined, and proved these facts, and in
cross-examination denied that he had ever promised to
give up the bill in consideration of the clothes being
made. The memorandum was made by a Mr. Bacon,
in the presence of defendant, who himself handed it back
to plaintiff. Mr. Bacon confirmed this fact.
Mr. Paxton, counsel for defendant, took an objection
that the document produced could not be taken as a bill
—it commenced, " I promise to pay," and was signed
C. Hancock, and directed to defendant. It was, how-
ever, accepted by the latter.
The learned Secondaiy said it had been held that
where anything could be made out to show a document
was Intended for a bill, the mere language should not
invalidate it, and he should let the case go to the jury,
but reserve the point.
The learned counsel next contended that the claim was
barred by the statute of limitations, and that a mere set-
off or running account did not revive it. He also con-
tended that even should this verdict be adverse to his
client, plaintiff was not entitled to interest after so many
years.

The learned Secondary said he should leave it to the
jury to say whether the goods had been supplied solely
on account of the hill, and had been thereby revived.
Plaintiff was then called, and swore that he hood
lent defendant 11. 18s., at different times, and had made
clothes for another party introduced by plaintiff, ana
the bill had not been fully paid.
The learned Second;.ry left it to the jury to sal
whether the debt had been revived, and to give such
interest as they thought just, for it was not an ordinary
case where parties resided in foreign countries.
The jury gave a general verdict for the plaintiff lfor
41. 2s. 6d.

LLOYD'S SHIPPING.-(THIS D AY.)

LONDON, March 15.—Wind this day at Noon, Westerly ;
moderate breeze, and cloudy.
MARGATE, March 14.—Wind, S.S.W. Sailed—Patt-
dora, for New York.
RAMSGATE, March 14.—Wind, W.S.W. Sailed—Auto
Isabella, for Naples.
PORTSMOUTH, March 14.—Wind, S.W. to W. Arrivied
—City of Manchester, from London, for Geelong, toad
sailed for Southampton. Sailed—Helene Sophia, for B
or-
muds, and brought up at the Motherbank.
FALMOUTH, March 14.—Wind, W., fresh breeze. ir
rived—Tamaulipas, from Tampico—on freight, 250,0„,;
dollars—and sailed for London.
PLYMOUTH, March 13.—Wind, S. Arrived—Cambri,
from Moulmain. Sailed— Golden Fleece (s a), for Malta..
SOUTHAMPTON, March 14.—Sailed—Propontis (s s), tor
Calcutta.

YARMOUTH, March 14.—Wind, S.E. Arrived—Skald a
from Lundewall ; Emerald, Medimblike.
QUEENSTOWN, March 13. —Wind S., blowing a p. 1.3 .
Arrived—Magna°, from Lisbon. Off Port—Barbadian ,
from Callao.

STRALSUND, March 11. —The Fortuna (Danish schooner)►,
from Lubeck to Reval, with a cargo of tin, lead, and coal, h
was stranded near Prerocoon Dares, 9th March ; ere/of
saved.

ROTTERDAM, March 13.—The Diadem, from Liverpot,l
to Dordt, got on the Banjaard 11th March, and remain en ;
crew saved.
BROMVERSHAERN, March 10.—The Jessie Eason, frc rtn
Newcastle to Shiedam, has pub in here leaky, havi pg
struck upon the Banjaard.
NORDEN, March 11.—A large quantity of timber h ole
been saved, ex Napoleon, of and from Christiania to Hol 3f
lern, which came ashore on the island of Juist previous to
28th Feb., derelict. A ship's boat, 26.1 feet in length aa4
7 feet broad, marked on her stern "Edinburgh—London,''
and inside "E. M. King," and containing the body of *
man ;and
a ship's board 19 feet in length, front and bacil
acute,
and on both sides chests filled with cork, hav
driven on the island of Borcum. The Geertina, from Ham -•
burgh to Harlingen, was stranded on the Island of Juis 6
9th March ; crew and materials saved.
WARRENPOINT, March 13. —The Charles Humberston from Liverpool to Boston, which went ashore near Duole
drum on the 3d, is injured ; has her rudder unshipped, aptci
tills with the tide ; the people are all on shore. It hO.
tilown a heavy gale all this day from the south, but is nc r*"
more, moderate.
The Advocate, from the Tyne to Seville, arrived off S ea
Lucar on or about 10th Dec. last, and was ordered to
Vigo to perform quarantine, but has not since been hea to
of.
ALGIERS, March 10.—A long-boat, belonging apparently
to the Lord Ravensworth, of Newcastle, has been picks d
up on the coast and brought to Store.

(Br SUBMARINE AND EUROPEAN TELEGRAPH.)

Wind, W. ; GRAVESEND, Wednesday, 10.10 a.m..
tide, one hour's flood.
Arrived—Adna and Sophia, from Falkland Island;
Stratford, Sydney; Orient, Valparaiso ; William, Gueisa-
seY ; Albion (s), Boulogne ; Batavier, Rotterdam ; Pr o-
ther (s), Ostend.
Sailed—City of Rotterdam (s), for Dunkirk ; Belgi pU
(s), Ostend.

DEAL, Wednesday, 9.25 a.m.
Wind, S.W. ; very light, and fine.
Passed—Royalist, from west coast of Africa, for Lon(1011.
Anchored—Childe Harold. from London for Melbourne.
Passe t off Dungenegs—Gezina, from Groningen, for
Falmouth ; Emanus. Batavia, for Rotterdam Toivo,
Cadiz, for Gothenburgh ; Alona, Maligns', for Kt 4mburgli•