The Sun.
London, England, 1836-01-14 00:00:00

KING'S BENCH.-(THIS DAY

HASLOCK V. FERGIAON.
This was an action for money had and received, tried be-
fore Lord Chief Justice Denman, at the last sittings at Guild-
ball, in which the plaintiff was nonsuited. The facts were as
follows :—The plaintiff, who is a warehouseman, carrying on
business in the City, had been applied to by a Mrs. Barnes
for goods, and she gave a reference to the defendant, who is
a linendraper, of King's-street, Covent Garden. Application
having been made at the defendant's shop, his foreman, Joshua
Hobson, gave the plaintiff a satisfactory reply as to Mrs.
Barnes's respectability and solvency, and on the faith of that
guarantee, goods to the amount of about 300/. were supplied
her, which she sold, and paid the proceeds over to the de-
fendant. Lord Denman having given it as his opinion that
the evidence of Hobson could not be received without proof
of authority from the defendant Ferguson, the plaintiff was
nonsuited.
The ATTORNEY-GENERAL now moved for a rule to show
cause why the nonsuit should not be set aside and a new trial
had, on the ground—first, that evidence was improperly re-
jected ; and, secondly, that even on the evidence as it stood,
there was a sufficient case to go to the Jury. The Learned
Counsel contended at some length, that according to the pro-
visions of the statute, in all cases of conspiracy which the
present clearly was, the evidence of false representations made
was admissible. The gist of the action in the case before
their Lordships was, that the goods were the property of the
and that he had parted with them in consequence of
the representations made by the defendant's servant.
Courr—Yoti may take a rule.—Rule granted.

EXCHEQUER COURT-(THIS DAY).

HODGES V. GRAY.
This was an action to recover damages for several breaches
of covenant. It was tried before. Lord Abinger at the Lon-
don Sitting after last Term, when a verdict passed for the
plaintiff.
Mr. HUMFREY now moved for a new trial on several grounds.
The plaintiff was Mr. Hodges the distiller. He had advanced
a large sum of money, and entered into a partnership with the
defendant, a very celebrated chemist. By the deeds there en-
tered into, the defendant covenanted that while the partner-
ship lasted he should carry on the business in a proper manner,
and at all times give entrance to customers and the plaintiff's.
It was proved on the trial that the defendant shut up the shop
three days before the expiring of the partnership, and kept the
defendant out of possession for fifteen days longer—and the
Jury found damages for the three days 1001., and for the
fifteen days 501. The Learned Gentleman contended that as,
the concern was proved to have been a losing concern during
the whole of the partnership, these damages were excessive.
There were several other counts upon which the Jury had
found for the plaintiff, but as they were merely nominal, he
would say nothing about them—they must be settled by a
Court of Equity. He conceived from the summing up of the
Judge, that he thought the damages were excessive.
Lord MUNGER did not think the verdict ought to be dis-
turbed. There would be no doubt but that the shutting up of
a chemist shop in such a neighbourhood as Bond-street for
eighteen days, would be very prejudicial, and the damages
were a very fit subject for the Jury to determine.
Rule refused.

STKACEY V. BLAKE.
This was an action for an attorney's bill, tried before Lord
Abinger, at the sittings after last Term, when a verdict passed
for the defendant.
Mr. HUMFREY now moved for a rule Nisi for a new trial, on
the ground of the verdict being against evidence, and misdi-
rection on the part of the Learned Judge. The defendant
Blake was a guard to a mail-coach, who was charged with
having insulted a lady who was a passenger in the coach. She
was the lady of Captain Pinfold, who complained to the Post-
office authorities, and Blake was turned out of his situation.
He brought an action for libel against the Captain, and it was
for the expences of that action the present action was brought.
The defendant put in several letters, in order to show that the
action was brought by Stracey himself, making use of Blake's
name as plaintiff. The Learned Judge took that view of the
case, and so charged the Jury. The Learned Gentleman
read several letters from Blake to Stracey, in which he made
promises of advances of money. It was proved at the
trial that the defendant inserted the name of Mr. Rossier in
his schedule in the Insolvent Debtors' Court by the contrivance
of the plaintiff, who said it would look odd that there-should
only be the name of Capt. Pinfold in it. The plaintiff at
the time told this to Mr. Rossier, who was the attorney in the
cause, and also that he would not be prejudiced by it, for he
( Straccy) was his debtor. The name of Stracey did not ap-
pear in the schedule, but the Learned Gentleman at great
length contended, that though that was pleaded to have been
by the connivance of Mr. Stracey, and was not denied on
the record, still that did not amount to an admission, as the
Learned Judge told the Jury.
Rule refused, because there was evidence in the cause that
the fact was admitted by both sides that the name was omitted.

IMPROVEMENT OF THE METRO-
POLIS.
The following letter, with the accompanying plan for the
improvement of the Metropolis, has been sent to upwards
of thirty Members of Parliament :
" DEAR send you the outlines of a plan for the
improvement of the Metropolis. The great increase of car-
rivres calls for an immediate enlargement of the public streets.
The tax proposed is very small compared to the loss of time.
It would be very desirable if Southwark and Waterloo
Bridges could be thrown open, as it would relieve London,
Blackfriars, mid Westminster Bridges. I have written to all
the Members comprised in the list of Commissioners, request.
ing them to meet me at 24, Great George-street, on Monday,
the Bth of February, at one o'clock, when I hope it will be
convenient for you to attend.
" I remain your's truly,
" MATTHEW WOOD.

" Hatherley Court, near Gloucester, Jan. 12, 1836.

Alderman Wood proposes the following improvements
in London, Middlesex, and Surrey :-
1. Carriage-way from Finsbury-square to Whitechapel.
2. Carriage. way from Whitechapel Church to the Com-
mercial. road.
3. Carriage-way from London and St. Katharine Docks,
across Tower-hill to Tower-street, Eastcheap to London
Bridge, B.:c.
4. Carriage-way from Southwark Bridge to the Bank.
5. Poultry to be widened.
6. Carriage-way frum the Bank to the Post-office, by wid-
ening the present streets.
7. Post-office to be opened to Cheapside, as originally pro-
posed in the Bill for building the Post-office.
8. Carriage-way from St. Paul's to Blackfriars Bridge.
9. Carriage-way from the Post-office to Holborn-hill, the
hill to be lowered.
10. Carriage-way from Farringdon-street to the Sessions-
House, Clerk-enwell.
11. Middle-row, Holborn, to be taken down.
12. A new street from Holborn to the Strand.
13. Holywell-street, the side to the Strand, to be taken
down.
t 4. Carriage-way from Waterloo-bridge to Gower-street.
15. Carriage-way from Broad-street, Saint Giles's to Ox-
ford-street.
16. Carriage-way from Westminster Abbey to Belgravc-
square.
17. Carriage-way from High-street, Southwark, to South-
wark, Black friars, Waterloo, and Westminster Bridges.
18. Long Acre to Coventry street.
Estimated expense, 850,0001.
.It is proposed to raise 6d. per ton on coals imported into
London, which will produce on an average of the last three
years, 51,7651. per annum. This sum would provide for the
interest and final liquidation of 1,000,000/., raised at 3- per
cent., in thirty-two years and a half; if at 4 per cent.,
in
thirty-eight years.
Board of Commissioners, free of any expense for attend-
ance, to consist of all the Metropolitan Members ' • also those
for Kent, Surrey, Essex, and Hertfordshire ; four Magistrates
each for Middlesex, London, and Surrey ; and eight Mem-
bers from the Court of Common Council of the City of London

TITRES.-At the breaking up of a school before
the holidays, in the neighbourhood of the metropolis, th e
master, according to his practice, put questions to the pupils,
to discover, as he said, their quickness and acuteness. On
asking them if they had ten turkeys laid before them, all of
the same size, and if asked which of them they would take
as a present for dinner, they remained for some time mute,
until one of the youngest answered—" The fattest and finest
to be sure." " Right," said the master, " thou art truly fit
to be a Parson."

Yesterday the neighbourhood of Middlesex-street,
Whitechapel, was thrown into much confusion, owing to an
attempt at self destruction by a man named John Russell, a
comic singer, well known at the east end of the town. It
appears that he went to bis sister's house, in Horshoe-alley,
Middlesex-street, and after a few minutes' conversation pro-
ceeded into the water-closet, where he was shortly after-
wards discovered with his throat cut in a dreadful manner ;
medical assistance was immediately procured, who advised
that he should be taken to the London Hospital, where he
now lies in a dangerous state. His friends cannot assign
any reason for his committing the rash act.
A LONG-LIVED FANIILY.—In the church-yard of
Broughtonin-Furness, is a tombstone, recording the names
and ages of seven persons, relations, who, except one, have
attained a much greater age than generally allotted to man :
—T. Watters, died March 14, 1748, aged 101 years ;
Mary, his wife, April 22, 1749, aged 94 ; Rebecca, wife of
J. Casson, July 26, 1760, aged 40 ; W. Watters, surgeon,
Sept. 6, 1767, aged 78 ; Anne, his wife, Sept. 1, 1791,
aged 104 ; W. Wafters, of Broadstone, July 5, 1804, aged
80 ; Eleanor, his wife, April 4, 1805, aged 85. A daughter
of Wm. and Anne Watters, who died a few days ago, aged
92, has not yet had her name inscribed upon the stone.
The Governor of Agra, Sir Charles Metcalfe, who
is also Acting Governor-General of India, has bestowed
the lucrative post of Political Agent at Delhi on his rela-
tive, T. T. Metcalfe, Esq. J. W. Astell, Esq., son of the
East India Director, is to officiate as third member of the
Hon. Company's Agency in Canton, and Acting Secretary
during Mr. Jackson's absence. _ .

There have been found in 18 of the principal abbeys
of Portugal no less than 349,800 printed books, as well
as several thousand rare manuscripts.