The Sun.
London, England, 1838-01-15 00:00:00

PLACE ♦ND ♦MOTHER V DELEGAL.

Mr. Sergeant T►LrOURD moved in this case, tried before Lord Chief
Justice Tindal, at the Sittings after last Term, and in which verdicts
were found for theplaintiff on separate counts—on th• first count for
ninety-one pounds eight shillings and sixpence, and on the second for
la is. ltd. ; that the verdict on the first count be set aside, and either
entered for the defendant, or reduced to 321. 6s. 6d., or that a new trial
should be granted. The action was brought on a contract for indemnity.
The first count stated that theplaintifTs were the executors of one John
Myers, under whose will a person named W. Myers was entitled to the
sum of 321. 6s. 6(1 , the proceeds ofa certain estate, the property of the tes.
tator. W.Myers becoming a bankrupt, the assignees claimed that sum, and
at the request of the defendants, the plaintiffs paid him this sum, on his
agreeing to indemnify them with regard to any claim on the part of
assignee. An action was subsequently brought by the assignee against
the present plaintiffs to recover the sum of 321. 2s. 6d., with other
monies, amounting on the whole to 891., and a verdict was found for
that amount. The second count went upon an alleged contract with
Delegal, that on the plaintiff's making an application for the postpone.
ment of the trial, in consequence of the absence of a witness, he
(Delegal) would pay the costs of such application—lg/. and odd. The
guarantee of indemnity had originally been entered into by the At-
torney Evans, who acted for all the parties beneficially interested in
the estate in question ; but it was thought proper to make the ex.
ecutors parties to the guarantee, and their names were accordingly in-
serted in the document. With respect to the first count, in regard to
which alone the Learnei Sergeant said he had leave to move, he
contended that the action should hare been brought either separately
by one of the parties, or that Mr. Evans should have been made a party
to the action. The Learned Serjeant was interrupted In his argu-
ment by

The COVitT. who thought the rule for a new trial should be granted.

DH DIRT O. WILLFORD.

Mr. KNOWLIS obtained a rule for a new trial in this case which re-
garded an action for waste, in which the question was whether the
party had a reversionary interest.

COUTES V. BARLOW.

Sir F. Pottoci on rising to move in this case, was interrupted by—
Mr. Justice PARK, who said that the Learned Counsel was out of
his turn—the case had been called on before—and he was not present.
His being engaged in another Court was no excuse here; and he (Mr.
Justice Park) was a great stickler for adhering to old rules.

Sir F. Pousca was-not aware of this rule. Certainly it was not so
In the Queen's Bench ; and in the Court of Exchequer the Attorney-
Genervl had insisted on having a case in which he was engaged brought
on at any period.

Mr. Justice PAIL—Aye, the Exchequer is the Attorney-General's
own Court.

Mr. Serjeant SpaNxis observed that even in the Exchequer, at the
time Slr Nicholas Bacon was Attorney-General, it was determined that
hecould not have any such privilege, except in cases in which the Sore.
reign was a party.

Whe COURT ;vas willing to hear the ease, as a matter of courtesey
to the Learned Counsel.

Sir F. Pottoca said he would then waive the question of right. The
Learned Counsel moved for a rule to show cause why in this case an
action to recover the amount of a fire insurance policy. The verdict
which had been found for the plaintiff should not be set aside, and a
nonsuit entered, or the damages reduced to the amount of the interest
which the plaintiff actually possessed in the property insured, contend-
ing that the plaintiff had no interest sufficient to Justify him in claiming
the whole amount of the policy.—Rule to show cause granted.

EXCHEQUER CO URT.--(TI1I5 DAY.,

RUDE W. PIC:OTT.

This was an action brought by the plaintiff as public officer of the
Darlington Bank, to recover upon a bond the sum of 1,9001. It was
tried before the Lord Chief Baron at the sittings in London after last
Term, when a ♦erdict was found for the plaintiff:
Mr. EULE now moved for a rule to show cause why the verdict should
not be entered for the defendant ; and if he failed in that motion, then
to move for an arrest of judgment. The bond in question was given
by Mary Pigott in order to secure a cash credit account for
her son, John Pigott, with the Darlington Bank. By the conditions
the defendant secured the Bank to the amount of 1,5001. The declar-
ation averred that he was indebted to the trustees for the Bank in the
sum of 1,5001. The plea was that he was not so indebted, and under
that plea he at the trial proved that one of the partners or shareholders
was a clergyman, which was contrary to the statute the 57 Geo. 111.,
chap. 50, sec. 3. His second point was, the bond was executed to
Middleton, Janson, and Teesdale, as trustees for the Bank. They were
the only partici who could enforce it. The shareholders of the Bank
generally could not be made parties to any action upon it, and therefore
they had no right to sue by their public officer.
Rule granted on both points.

THE FUNDS.-CL
• BRITISH

OSINU PRICES.

Bank Stock
per Cent. Red. 9134
3 per Cent Cons 9l
3N, per Cent
34, per Cent. Red 494,
New 34, per Cent 9831,
I per Cent. Assented
Dissented ........
Long Annuities to expire
Ja•. IMO 145(
Oct MO
Jan. 160

FUNDS.
Omniam
India Stock
Ditto Woods
South Sea Stock lO2
Ditto Old Annuitiei (70
Ditto New Annuities BS
Ex. Be's, lOW 9%d. ... 57 pm.
Ditto 50111
57 pm

Ditto 5001 57 pm
Bank Stock for Opg.
India Stock for Act.
Consols for Act.
N FUNDS.

FOREIG.
Austrian, 5 per cent 7064
Belgian, 5 per cent ___
Brzzilian Bends
Buenos Ayres, 6 per cant —
Chilian, 6 per cent —
Colombian, 6 per cent. —
Ditto, 1,24
Danish, 3 per cent 72 yi
Greek Bonds, 1625.5 per cent —
Mexican, 5 per cent.
Ditto, 6 per cent., 1825
Ferovian, 1i325, 6 per cent.

Portuguese Bonds, 5 per cent.
Ditto, Now Ditto 24
Prussian, 5 per cent.
Russian Bonds, 5 per cent
Ditto, Metallic
Spanish. 5 per cent I9
Ditto. Consolidated .
French, 5 pet cent ... —c.
Exchange
French, Zi per cent c
Dutch, 2 per cent.......... ......
Ditto, 5 per cent ...... 101%

SHARES.
Birmingham and Derby Railway lii%
Birmingham and Gloucester Railway
Dublin and Kilkenny Railway l%
Eastern Cou'ities Railway lli
Gre it Western Railway 9o'i
London and Brighton Railway 5%
London and Birmingham Railway
London and Greenwich Railway 17%
London and Southampton Railway 4O
London and Southampton (New)
London and Croydon Railway
London and Croydon Railway (Scrip )
Manchester
ra.rhteesrand i
and
irrninLeeds llgahialwmay 25
Railway
5%
North Midland Railway
No other variations in the Prices of Shares since our One u'eliick
List.