The Sun.
London, England, 1853-12-02 00:00:00

COURT OF EXCHEQUER.

SHAW V. ABETHELL-LIABILITY OF PAWNBROKERS.
The plaintiff was a retired picture-dealer, and the de•
fendant a pawnbroker, in Calthorpe-street, Gray's-inn-
road. The action was brought to recover compensation
in damages for injury done to a valuable picture which
the plaintiff had pledged for 51. with the defendant.
Mr. Mellor and Mr. Brown appeared for the
plaintiff ; and Mr. Crowder and Mr. Phipson for the
defendant.

It appeared that the picture in question, which was a
portrait on panel, of the Vandyke school, was deposited
with the defendant in August, 1852, on a loan of Si.
Plaintiff told the defendant that the painting was a valu-
able one, and desired him to take great care of it, say-
ing that he would pay him anything extra which he
might charge for doing so. In September last plaintiff
went to redeem the picture, when the defendant told him
that he had met with an accident, having let the paint-
ing fall and split it down nearly in the middle. Plaintiff
brought a Mr. Dingley, a picture restorer, to look at it,
and it was agreed between the parties that he should
repair the damage, and his charge for doing so was 6/.
10s., and this sum the defendant agreed to pay ; but the
plaintiff, who valued the picture at 100/., said it was
depreciated one-third in value. The defendant re-
fused to pay anything beyond the charge for re-
storing, in consequence of which the present action was
brought.

For the defence it was shown that the pawnbroker's
ticket given to the plaintiff had on these words—" Not
answerable for damage or moth ;" and it was contended
that the defendant had not entered into any special con-
tract with the plaintiff to take especial care of the article
deposited. It was also attempted to be shown that the
picture was not as valuable as the plaintiff supposed,
and that it bad been so well restored as not to be mate-
rially lessened in value.

The Chief Baron, in leaving the case to the jury,
said he considered the words on the ticket to mean
and imply that the pawnbroker was not liable for
any damage which did not arise from his own negli-
gence ; but he was bound to take the same care of
the article as a reasonable and prudent man would of
his own goods ; and it could not be said that the
same sort of care which would be taken of common
crockery would apply to valuable china ; the degree
of care must in some measure be commensurate with
the nature and worth of the thing itself.
The jury found a verdict for the plaintiff, damages
161. Ws.

COURT OF BANKRUPTCY.
IN RE SIMSON.
The bankrupt, a provision dealer in Bishopsgate-
street, applied for his certificate. His debts were 6001. ;
liabilities, 8241. A small amount of property was held
as security.

Mr. Keighley, for the assignees, offered no opposi
tion ; and

His Honour granted an immediate oertificate of the
second class.
IN RE BROOK.--ASSIGNMENT OF A POLICY.
His Honour gave judgment on a question which had
been raised on a proof of debt in this case. The facts
were these—On the 11th of February, 1852, William
Robert Tanner advanced the bankrupt 2221. on his note
of hand of that date, and the deposit of a policy of
assurance on the life of the bankrupt for 6001. in the
Westminster Life Assurance Office. On the 16th April,
1853, Mr. Tanner, by the hand of Mr. Patten, his attor-
ney, paid the half-year's premium on the above policy,
and then gave the actuary verbal notice that Mr.
Tanner held the policy as equitable mortgagee, an act
of bankruptcy having then been committed, of which
Mr. Tanner had no notice. On the 31st of May, 1853,
Mr. Patten, on behalf of Mr. Tanner, gave a mitten
notice to the actuary of the equitable deposit, previous
to which the bankrupt bad committed an act of bank-
ruptcy by remaining in prison 21 days, of which Mr.
Tanner had notice, through Mr. Patten, his attorney.
The petition for adjudication was dated 6th June last.
The assignees and Mr. Tanner had consented to abide
by the decision of the court on the above facts, as to
whether the policy passed to the assignees, or remained
available security for Mr. Tanner. His Honour held,
on the authority of "Re Waithman " (4 D. and Ch.,
412), that the notice need not be in writing, and that
the subsequent giving of written notice might be any
time before actual bankruptcy-12 and 13 Vic., cap. 106,
s. 125 ; " Parriente v. Pennell " (2, M. and R., 516) ;
and "Young v. Hope" (2 Ex., 105.)'

POST-OFFICE INQUIRT.—A committee is now sitting
at the Treasury for the purpose of inquiring into certain
matters connected with the establishment of the General
Post-office. The committee consists of Lord Elcho,
one of the Lords of the Treasury, Sir C. E. Trevelyan,
Sir Stafford Northcote, and Mr. E. A. Hoffay, the
Inspector of Military and Naval Accounts at the
Audit-office. The objects of this committee are ana-
logous to those of the other committees which have
been appointed in the oourse of this year for reporting
upon the establishments of the Board of Trade, the Privy
Council-office, the Poor Law Board, and some others.
They are engaged upon a revision of the system of ap-
pointments and promotions, the scales of salary, the
numbers of officers, and the distribution of business in
the Post-office ; but they do not enter into questions
connected with the general postal system of the country,
except in so far as such questions bear upon that of the
establishment. It is a mistake to suppose, as we see
that some of our contemporaries have done, that such
• questions as that of the oceanic rates of postage, or of
WORSHIP-STREET.—Hannah, Asia was charged the acceleration of the inland mails, are referred to this
with having been concerned with three men not in cus- committee.
tody in breaking into the premises of Mr. Charles Lowe, ILLEGAL FISHING.—In the Teviot and other streams
a draper, in Clifton-street, Finsbury, and stealing a in the upper part of the county, fishing appears to be
quantity of Coburg cloth of the value of 81. going on without challenge or hindrance. The poachers
Police Constable Afrowsmith, G 103, stated that do not even rest on Sunday, but openly destroy the
shortly after six o'clock on at. 1110:121Eg of Wednesday / Ash jx, jandrecli iks they pass oTsr $4O cluldol ko•

POLICE INTELLIGENCE.