The Sun.
London, England, 1854-11-30 00:00:00

NEALE V. SUTTLE.

The question in this case was whether, under the pecu-
liar words of an agreement, an interest was given in the
land, or whether it was a mere hiring of a servant. The
Court below held it to be the latter.
Mr. Keane now urged that an interest in the land was
given.

The Court thought differently, and confirmed the de-
cision of the Court below.

COURT OF QUEEN'S BENCH.

;Sittings at Ni Priu9, before Lord Campbell and Com-
mon Jurie9.)

BROWN V. SINGLETON.

Mr. Sergeant Wilkins and Mr. Lnsh appeared for
the plaintiff, and Mr. Knowles and Mr. Garth for the
defendant.

This was an notion on a horse warranty. The defendant
admitted both the warranty and the breach, but disputed
the amount of damages, and under the 15th and 16th
Viet., cap. 76 (the first Common Law Procedure Act),
paid 101. into court, as being all that the plaintiff was
entitled to recover. The plaintiff was a horsedealer in
Oxford-street ; the defendant Was a gentleman residing at
Pocklington, in Yorkshire. In July last the plaintiff was,
in the usual course of his business, travelling in the north,
among the great horse fairs held there, and while upon
his journey he saw and admired a mare the property of the
defendant. He entered into a negotiation for the pur-
chase of the mare, and finally agreed to give 1001. for
the animal, receiving at the same time a warranty of
soundness, except for a trifling defect on one of the
hocks. The mare was sent up to London, and after her
arrival here the plaintiff wrote to the defendant to say
that she was lame in the forelegs, but he had no doubt
that that was a mere accidental matter. A few days
afterwards the defendant came to the plaintiff's stables
and saw the mare, and said he was sure that she
was sound, but offered, if the plaintiff doubted it, to
return the 1001. and to receive back the mare. The
plaintiff said that he did not doubt the soundness of
the mare, and therefore declined the offer. A few
days afterwards he sold the mare to a gentleman for 1301.
and sent her away, but in two days after leaving his
stables she was returned as unsound in both fore legs.
Some communications then took place between the
plaintiff and the attorney for the defendant, and ulti-
mately the mare was sold at Aldridge's for 401. The
defence was, that after the plaintiff had discovered the
only matter which was even now alleged to be an un-
soundness be bad been offered his 111 oney , but had re-
fused to take it, alleging that the mare was not unsound,
.and so had thought fit to keep her, and run ali the
chances of unsoundness. He had afterwards obtained a
sale for her, which gave him a very handsome profit, and
as he must be supposed to have known when the de-
fendant's offer was made that the mare was net unsound,
he could not now recover on an unsoundness afterwards
found out by him.
Lord Campbell left it to the jury to say whether the
plaintiff had offered to return the mare as soon as he was
clearly satisfied that she was unsound. If so, he was
entitled to the verdict.

The jury returned a verdict for the plaintiff, damages
601. beyond the sum paid into court.
Lord Campbell observed that the form of the question
left to the jury in this particular case must not be taken
to imply that a person who purchased a horse upon
warranty was bound to return it after it proved to be
unsound.

COURT OF COMMON PLEAS.
(Nisi Prius Sittings at Westminster before Mr. Justice

Crowder.)
DYKE V. FARMER.

This was an action by the assessor of taxes for the
parish of Putney against the defendant, a chemist and
druggist in that parish, for an assault and false impri-
sonment. The damages were laid at 1,0001.
Mr. Sergeant Bytes and Mr. J. A. Russell were coun-
sel for the plaintiff; and ➢Tr. J. J. Powell for the de-
fendant.

The plaintiff's evidence was that on the 30th of August
last he called at the defendant's shop, and said to the
defendant, " Will Mr. Farmer tell me what rooms he
occupies in the adjoining house, and what rates he pays
for them ?" and the defendant replied, "If you are the
muddle-headed man that made the muddled assessment
for this parish, as I believe you are, I won't give you any
information." Plaintiff replied by protesting against
such language being employed to him when he was only
discharging his duty, and asked defendant how he would
like to be accused of muddling his medicines ? De-
fendant then used abusive language, and told plain-
tiff that if he did not leave his shop he would kick
hi►n out ; and, as 'plaintiff did not go, defendant came
round the counter, struck him on the mouth,. and a
struggle ensued, in the course of which both fell to the
ground, and the clothes of both were torn and other-
wise damaged. Plaintiff then left the shop, and went to
an inn next door, and soon afterwards the defendant came
with a constable and gave him into custody on a charge
of assault. The policeman took him to the station-house,
where he was bailed out, and on the following morning
the magistrate, on hearing the case and the plaintiff's
explanation for being in defendant's shop, dismissed the
charge, and said he should leave the defendant to bring
his action, or prefer an indictment.

On cross-examination, the plaintiff stated that pre-
viously to his appointment as assessor he carried on the
business of an engineer and surveyor, his office being a
room in Millbank-street, Westminster, which he occu-
pied jointly with "the Conservative w hip of the House
of Commons." He denied that he was intoxicated when
he called upon the defendant, or that he had conducted
himself in an impertinent manner towards him. He
said that out of all his assessments only 45 had been
appealed against, but that the union still acted on the
old assessment, and not upon his. Ho had never seen
the defendant but twice before, and that was 12 months
previously.
Two witnesses proved that the plaintiff was sober, and
that his lip was bruised, and that he appeared to have
been engaged in a severe struggle.
On the other hand the defendant was called, and de-
posed that the plaintiff came to his shop, and in a very
offensive Danner demanded to know what rooms he oc-
cupied, and what taxes he paid. He said that not hav-
ing seen the plaintiff for twelve months, and know-
ing that the plaintiffs assessment had not been acted
upon, be did not recognise him, and thought he
might be an impostor, and told him he should not give
him any information. Plaintiff then called him a
fool, and accused him of charging two prices for his
medicines ; upon which ho told plaintiff to leave his
shop, or he would put him out. Plaintiff refused to go,
and continued to be very abusive, upon which defendant
went round the counter to open the door, and to order
him out, when plaintiff struck at him, but defendant
warded off the blow. They then struggled together, and
fell, and the plaintiff bit him in his arm and tore his coat.
Defendant's wife then came into the shop, and sent for a
policeman, when the p!aintiff wished to go, but defen-
dant would not let him, upon which plaintiff threatened
to smash him and the door also. Plaintiff was then
permitted to go • but when the policeman came he was
sent after plaintiff to the inn he had gone to, and plaintiff
was there given into custody.
Defendant's wife and tke policeman who took plaintiff
into custody spoke as to a bruise upon defendant's arm,
which might, or might not have. been a bite, and the
ht plaintiff was not drunk, and
mined up the evidence for the
defence,
at le
fml
eicnreimer
Powell
ae not
ws
eal d he
sober.
havingbet h us
summed

Mr. Sergeant Byles replied upon the whole case.
Mr. Justice Crowder then summed up the evidence
minutely, and told the jury that, upon the pleadings,
they must find for the plaintiff; but left them to say,
upon the whole facts of the case, what damages they
thought him entitled to.
The jury,* after some consultation, returned a verdict
for the plaintiff, with 101. damages.

COURT OF EXCHEQUER.
(Sittings at Nisi Prius, before the Chief Baron.)
ARNOLD V. ALLCROFT.

Mr. 3L Chambers and Mr. Phipson were counsel for
the plaintiff ; Mr. Whateley and Mr. Ogle appeared for
the defendant.
This was an action against the defendant as the ac•
ceptor of a bill of exchange, dated the Ist of June, at
three months' date, for 3001., the plaintiff being the pro-
prietor of the Lyceum Theatre, and the defendant a
gentleman well known in theatrical circles and to the
public at large as a steadfast friend and supporter of Mr.
Charles Mathews, the comedian and lessee of the Lyceum,
throughout all his late pecuniary difficulties. In answer
to the declaratidn, the defendant pleaded payment, and
a special plea setting forth that at the time he accepted
the bill of exchange in question it was agreed between
the plaintiff, himself, and Mr. Mathews, that if any
moneys should be realised by the letting of the Lyceum
Theatre during the theatrical recess then next ensuing,
such moneys should be paid to the plaintiff; and should
be received by him towards the satisfaction and discharge
of the said acceptance. The plea then alleged that after
the said agreement, and before the said bill became due,
the sum of 3001. was realised by the letting of the said
theatre during the said recess, which sum was paid to
the plaintiff, and was received by him in satisfaction
and discharge of the said bill.
In support of this p!ea, the defendant and Mr. Ma-
thews were to-day called, and from their united testi-
mony it appear d that Mr. Mathews's lease of the
Lyceum Theatre baying been put an end to by his bank-
ruptcy in the last summer, when a large suns of money
was due for rent, and is being in amtemplation that
another lease should be grantud bins on his obtaining his
certificate, a negotiation was set on foot for the payment
of the balance of rent due to the plaintiff, or the giving
of security for the same by Mr. Mathews. In the ex-
tremity of his friend, Mr. -Mies-oft here stepped forward,
and at a meeting with the plaintiff and his solicitor, on
the let of June, he paid 4041. down to the plaintiff, and
accepted the bill in question on the express terms set
forth in the plea, which were at once assented to by the
plaintiff. On the 29th of June the season closed at the Ly-
ceum, and Mr. Mathews having obtained his certificate,
renewed the negotiation for his new lease, which was even-
tually granted. By that instrument the sum of 151. ss.
6d, is reserved nightly for rent throughout the year, and

one quarter's rent, or 1,1951., was required to be de- '
posited or secured as a guarantee for arrears which would
almost nccessarily accumulate during the " recess," and
until the Christmas piece should replenish the treasury
of the lessee. In this matter Mr. Alicroft appears again
to have the friend of the lesee, and, that done, the
plaintiff gave him permission to play operas at the
Lyceum in'the recess. The speculation was not very
successful, and was soon abandoned ; but the defendant
paid 501. for rent to the plaintiff, and after that Mr.
Henry Russell took the theztre and kept it open by his
single efforts during several weeks, in respect of which
he paid 2501. rent to the plaintiff. At' the close of the
recess Mr. Arnold's attorney wrote to Mr. Mathews,
calling his attention to the " heavy balance" then due
for rent, and giving him credit for the two sums above
mentioned, on which Mr. Mathews very properly at once
wrote back that he was not entitled to such credit, as,
by the terms of the agreement under which the defend-
art had accepted the bill for the arrears under the old
lease, all receipts for rent in the recess were to go in
payment of that bill. At the close of the defendant's
ea 'B,
Mr. PHIPSON stated that, in the exercise of his dis-
cretion, and the temporary absence of his learned leader,
the plaintiff having placed himself entirely in his hands,
he should not offer any evidence in opposition to that
of Mr. Allcruft and Mr. Mathews as to the terms of the
agreement on which the bill had been accepted. He
must, however, be allowed to say that Mr. Arnold was
fully prepared to pledge his oath to his firm belief that
no such terms were mentioned in that interview. He
(Mr. Phipson) felt the difficulty of presenting such con-
tradictory evidence before the jury, as he could only hope
for a verdict on the ground that they would find that
Mr. Alicroft and Mr. Mathews had deliberately perjured
themselves. He did not feel himself justified in pursuing
that course, as he could not but feel that there was no
ground for so serious an imputation on those gentle.
men. In truth, the cause might resolve itself into a
balance of recollection, and he would not oppose Mr.
Arnold to Mr. Alicroft and Mr. Mathews for the pm-
pose of solving that question, especially as Mr. Arnold's
solicitor, who was Touched as having been present at
the meeting, had assured him (Mr. Phipson) that he
could only say that he had no recollection whatever,
one way or the other, on the subject. Under these cir-
cumstances, he (Mr. Phipson) would not offer any oppo-
sition to a verdict being returned for the defendant on
the special plea. But he thought it proper to set his
client right in the matter with the jury, and to add, on
his behalf, that until Mr. Mathews's letter was received,
he had no notion of the existence of any such special
agreement as was now set up by the defendant, while
the bill had actually been renewed at his request, the
option to do which, Mr. Arnold was ready to admit,
did form a part of the contract.
The Chief Baron said that without Mr. Arnold's evi-
dence there was clearly an end of the case, and he
thought that Mr. Phipson had exercised a most wise
and proper course in not putting him into the box. The
probabilities of such an agreement having been made as
that relie I on by the defendant were very great, and,
in his opinion, Mr. Mathews's letter was in itself quite
sufficient to put an end to all doubt on a balance
of recollection. He thought the course now adopted
was a very proper one on the part of the plaintiff, who
would have a verdict on the other issues.

A verdict Wa3 then taken for the plaintiff on all the
issues but that raised by the special plea, which was
found for the defendant.

BEILTH OF LONDON DURING THE WEEK.

(From the Report of the -Registrar-General. )

The deaths of 1,262 persons, namely, 618 males and
644 females, were registered in London in the week that,
ended last Saturday. This is a high mortality as com-
pared with the returns of ten corresponding weeks of
the years 1844.53, in which the average number of
deaths was 1,021, or, as compared with this average
raised in proportion to increase of population, which is
1,123. 139 persons died last week above the number
thus estimated

Although the aggregate number of deaths last week
was less than that of the previous week (when it was
1,309), it will be seen that fatal cases, arising from
zytnotic diseases, remained exactly the same, having been
332 in. each return, while those from diseases of the
organs of respiration suffered a considerable increase,
rising from 240 to 292. Both these classes of diseases
exhibit at present an excess above the ordinary mor-
tality. The deaths from scarlatina rose to 118 ; there
were 23 from small-pox, 33 from measles, 37 from hoop-
jug-cough, 6 front influenza, 50 from fever, 8 from
cholera, and 21 from diarrhcea. From bronchitis 144
persons died, the corrected average being 73 ; and from
pneumonia 121, the average 103.
Mr. Butterfield, the registrar of Islington East, writes :
" Notwithstanding many defects in the compulsory Vac-
cination Act, besides the proximity of my district to the
Small-pox Hospital, which, however, is not situated in
it, and the number of infants who die under three
months old, I have received upwards of 1,500 certificates
of vaccination. I believe that with a very few altera-
tions the act might become efficient, if properly attended
to. As it is, the majority of the medical profession in
Islington consider themselves bound to obey the laW,
onerous though it may be, and, with a few insignificant
exceptions, have cordially assisted me in carrying it out."
Mr. Watts, registrar of Islington West, observes that
" in the London Fever Hospital there has been a great
increase of patients for some time past, and , 7 deaths
have Occurred between the 19th and 2.5 th."

On 16th November, at 15, Charles-place, Shadwell,
the widow of a porter is reported to have died of " natu-
ral decay" at the great twe. of 103 years.
In Woolwich, at 37, Warwick-street, on 21st Nov.,
the wife of a mariner, aged 38 years, died of " dropsy
(8 days), want of the coma-ion necessaries of life."
At the workhouse, Bishopsgate, Donning's-alley, the
son of a soldier, aged one year and 9 month:, diod on
the 3d October of " mesentric disease, brought on by
want of food and exposure." Post 'imam. Inquest.
A bey, aged 2 mouths, died of "retrocession of eczema
(from birth) convulsions (24 hours)." A woman, aged
43 years, died of " lupus exedens (several years),
phthisis."

Last week the births of 819 boys and 774 girls, in all
1,5E3 children, were registered in London. In the nine
corresponding weeks of the years 1845.53 the avenge
number was 1,379.

At the Royal Observatory, Greenwich, The mean
height of the barometer in the week was 29.397 in. ; en
Monday the mean reading was 30.010 in. The mean
temperature of the week was 36.5 deg., which is 5.3 deg.
below th• average of the same week in 38 years. On
Thursday and Friday the mean temperature was more
than 7 deg. below the average. The highest tempera.
turn in the week was 44.2 deg., on Tuesday ; the lowest
28.4 deg., on Friday. The mean dew-point temperature
was 33.7 deg.•; and between this and the mean tempera-
ture of the air, the difference was 2.8 deg. The wind
blew from the north-east in the beginning of the week,
afterwards from south-west, and on the last two days
from the north. The rain was 0.22 in.

MORTALITY IN THE METROPOLIS.

NUMBER OF DEATHS FROM ALL CAUSES REGISTERED

IN THE WEEK ENDING ZATURDAY, NOV. 25.

132
. 49
. 144

Zymotic Diseases
Diseases of Uncertain Seat ...
Tubercular Diseases
Diseases of the Brain, Nerves and Senses
Diseases of the Heart and Blood-vessels 66
Diseases of the Lungs _ and other Organs of
Respiration ..
Diseases of the Stomach, Liver, and other Organs
of Digestion
Diseases of the Kidneys, Scc.
Childbirth, Diseases of the Uterus, &c.
Diseases of the Joints, Bones, and Muscles
Diseases of the Skin, &c.
Malformations
Premature Birth and Debility
Atrophy 42
Old Age
Sudden
18
Violence, Privation, Cold, and Intemperance 22
Causes not specified ,.... 10

3

DEATHS FROX ALL CAI7SES
Population Deaths in corro- Deaths
Enumerated. spondieg week in the
1851. of 1853. , Witek.
West Districts' '376,527
North Districts 490,396
Central Districts ' 393,256
East Districts 485,522
South Districts

Totals
Males 6lB
Females 644

BIRTHS IN THE WEEK
Males
Females

- Total ..

1,593

RAILWAY TRAFFIC RETURNS.

GREAT NORTHERN RAlLWAT.—Traffic return 6
2
for the
week ending Nov. 19, 1854
£21,47717,666 8 9
Corresponding week last year

LANCASHIRE AND YORKSHIRR RAlLWAT.—Traffic re-
turn fot the week ending Nov. 26, 1854 £18,26, 17 2
Correspond g week last year 17,021, 4 9

CHESTER AND HOLYHEAD RAlLWAY.—Traffic 2111 for
the week ending Nov. 2;, 1854 £4,234 8 7
corresponding weok last yoar 3,579 3 1

Increase in 1854... £655 5 6
GLASGOW AND SOUTH-WESTERN RAILWAY,—Trai Ile re-
turn for the week ending Nov. 25, 1854 £5,683 2 7
Dorresponding week last your 5,225 12 7
Increase in 1854..

............... X 457 .1.0 0

DELICATE INVESTIGATIOX.—We understand. that, at
the Judges' Chambers, on Friday, before Mr. Jim tice
Crompton, an application was made in the fort facom ing
crim. con. case of Hope v. Aguado for a comr fission to
examine the Count de Morny, who has lately received
the appointment of President of the Corps Lq 7ielatif in
Paris. In consideration of the Count's Parli ainentary
duties, the application for a commission has been granted.
The case is likely to afford some curious revel ations of
Parisian life in its highest circles, and alreari. consider-
able
interest is felt in the corning " delicate investiga-
tion." The plaintiff is Mr. Adrian Hope, son of the
author of " Anastasius," and one of the three brothers
who inherit the large fortunes of the bons, 3 of Hope ;
and the defendant, Count Olympe Agnadi has been
long known in the fashionable and sportir .g circles of
Paris.

COUNTRY MARKETS.

EDINBURGH MEAL MARKET—Nov'. 28.

There were in the market to-day, 16 sacks oatmeal, each
weighing 2801bs imperial, which sold thus :-12 at 21. 6a,
4 at 2/. 5s Od, and 0 at 0/. Os.

EDINBURGH HAY AND STRAW MARKET—
NOT. 28.
There was a large supply of straw of all descriptions in
the market. The prices to-day were as follow :
Oat straw, from 78 6d to 10s Od per kemple of 16 stones
tron ; wheat do., 6s Od to 7s 6d ; barley do., 4s 6d to 6. 01.
Hay from 10d to 12d ; new ditto, Od to Od per stone.

DALKEITH MEAL MARKET—Nod. 27. •
Oatmeal, per sack of 2SOlbs 1 First. I Second. Third.
imperial
Barleymeal, per ditto
Peasemeal, per ditto
Flour, per ditto —s Od• —s Od —s Od
Pot-barley, per ditto

DUBLIN, Nov. 28.
White wheat, 41s Od to 43s Od ; red ditto, 30s 01 to 42. ;
barley, 17s Od to 20s Od ; oats, 15s Od to 17s (Id ; rapeseed,
27s Od to 28s 6d per brl ; oatmeal, 16s Od to 17s Od ; bakers'
dour, 24s Od to 28. i Od per cwt; Indian corn, 40s Od to 47s Ca
per 480Ibs.

M—Noy, 29,

,Le close of the market.

Wallsend, am

N. ti•
Killingsworth E. l9 Si
Northumberland 2l) 0
Edeu Main 23 0‘
Bell 22 d

Haswell
Kepler.—
ieaham

~...24 0
~.23 •
~.17 0

Stewart's .
Whitwell .

24 0
22 0

ICaradoe ,

..03 0

Haugh Hall 23 0
Keno() 23 6
South Hartlepool ...23 I
Whitworth l9 6
Birehgrovo Graigol a, 25 0
Wayne's Merthyr 24 0