The Sun.
London, England, 1849-03-13 00:00:00

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117;1itan

SUN OFFICE, Seven o'Clock:

HOUSE OF LORDS.—(THIS DAY.) I
The House sat again to-day for the purPose of hearing
Scotch appeals. Tho Peers in attendance were the
Lord Chancellor, Lord Brougham, Lord Campbell, and
the Bishop of Hereford. _ _
EWAN AND CO., V. SMITH AND CO.
The arguments on this appeal, which were commenced
yesterday, were resumed and concluded to-day. The
case came before their Lordships 'upon an appeal
from an interlocutor of the Court of Session upon a
question of great importance to merchants, and upon
which eight of the Scotch judges differed from the other
five. The question arose in this way. The respondents,
who are merchants in Glasgow, had the disposal of forty-
two hogsheads of sugar, which arrived at Greenock in
July, 1843, per the ship St. Mary, from Jamaica. They
sold ttipse sugars on the 15th of August, 1843, to Messrs.
Bowie and Co., also merchants in Glasgow. The sugars
were then in the bonded warehouse of Little and
Co., in Greenock, in the name of James Alexander, who
was the agent there of the respondents. The sugars
having been weighed, an invoice of them, together with
an order of delivery on Alexander, was delivered by the
respondents to Bowie and Co , to whom also was de.
liiered at the s:me time for acceptance a bill at four
months for the amount. Messrs. Bowie and Co. did not
accept or return the bill, nor did they pay any part of the
price; they did not transmit or intimate to Alexander
the note or of der on him to deliver the sugars to
them, nor take any steps to get them. Bowie and Co.
stopped payment on the 25th of September, and were put
under sequestration—declared bankrupts—next day.
The respondents wrote on the 25th to their agent,
Alexander, at Greenock, informing him of the failure
of Bowie and Co., and desiring him "to take steps
to secure the sugars lately sold to them, ex St.
Mary, if they are still in the warehouse." Alexan-
der, acting on these instructions, hid the sugar re-
moved on the 27th September from Little's ware-
houre to Kerr's warehouse, in Greenock, and in-
formed Kerr that he had removed them thither on
account of the respondents, and that he (Kerr) was not
to deliver them to anyone without his (Alexander's)
order, as their agent. It appeared that Bowie and Co.
sold large quantities of sugar, including these forty-two
hogsheads, to the appellants, who are also merchants in
Glasgow. These, on the 25th of September, the day on
which BOWie and Co. stopped payment, sent the note of
delivery given to the latter by the respondents in
August 'to Alexander to deliver the sugars. In his
absence his clerk wrote this note, dated that day (25th
September): "Deliver to the order of Messrs. Ewan
and Co., this date, forty-two hogsheads of sugar, ex St.
Mary," not :addressed to any person. Nothing was done
on that note, and the question then arose whether the
respondents were entitled to reclaim or stop the goods,
the vendors, Bowie and Co., having failed to pay for
them, or to accept the bill for the price. The sheriff of
Renfrew, on a petition to him from the appellants, held
that the respondents were so entitled. The Lord Ordi-
nary was of the same opinion. The first division of the
Court of Session was divided in opinion, in which case
they took the opinion of the other Judges. The result
was that eight Judges, including the Lord Ordinary,
affirmed his judgment against five dissentients, and from
that decision the present appeal was brought.
Mr. TURNER and Mr. ANDERSON were heard yester-
day for the appellants, and contended that the note of
delivery. from the respondents to Bowie and Co., trans-
ferred the right in the sugars to them and to the appel-
huts, as their subvendees. That note, with the invoice
delivered with it, was negotiable, like a bill of lading.
They cited numerous cases from the English as well as
the Scotch courts; and having closed their arguments at
four o'clock, the further hearing was adjourned.
The Attorney-General and Mr. Blackburn (of the
Scotch bar) were counsel for the respondents.
Mr. TURNER, on behalf of the appellants, replied, and
Their LORDSHIPS deferred giving judgment till
Thusrday.

MORTALITY in the METROPOLIS.
NUMBER OF DEATHS FROM ALL CAUSES REGISTERED IN
TUE WEEK ENDING SATURDAY, MARCH 10, 1849.
Epidenciio, Endemic', and Contagious Diseases ...*243
Diseases of Uncertain Seat ... ~. 45
Turbercular Diseases... ... 172
Diseases of the Brain, Nerves, and Senses... ... 104
Diseases of the Heart and Blood-vessels 25
Diseases of the Lungs, and other Organs of
Respiration ... 223
Diseases of the Stomach, Liver, and other Organs
of Digestion... ... ... •••
Diseases of the Kidneys, &c.
Childbirth, Diseases of the Uterus, It
Discs6es of the Joints, Bones, and Muscles
Diseases of the Skin, &c. ... ..
Malformations... ... ... ... ..
Premature Birth
Atrophy
Old Age
Sudden ••• •••
Violence; Privation, Cold, or Intemperance
Causes not specified ...
DEATHS PROM 'ALL-CAUSES

Population
Luumeraied,
1841
West Districts... 300,711
North Districts.. 375,971
Central Listr:ots 373,653
East Districts ... 392,444
South Districts.. 501,190

Average weekly Deaths
Deaths, 1844-8. in the
Five Winters. Week.
170 ... 151
•
. 218 ... 168
. 211 ... 170
, 252 255
, 319 ... 303

Totals... ..... 1,948,369

... 1,169

... 1,047
... 531
... 516

Malea
Females

BIRTHS IN THE WEEK.

Males
Females

~, 821
~. 723