The Sun.
London, England, 1849-12-05 00:00:00

CHANCERY.-(THIS DAY.)

193

18
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181/2

(Before the Vice• Chancellor Wiakam.)
CIIFFITIIS V. LUNILL.
The further arguments in this ease occupied the Court
,he whole morning.

COMMON PLEAS.—(THIS DAY.)
(Sittings in Banco.)
STZBBING V. SPICER.
_

On a former day Mr. Bramwell, on the part of the
defendant in this case, had obtained a rule nisi, calling
upon the plaintiff, to whom a verdict had been given on
the trial at nisi prius, to show cause why that verdict
should not be set aside, and a new trial had. on the
ground of misdirection by the Learned Judge (Crew
well) who triad the cause.
Mr. Sergeant BYLES (with whom was Mr. Griffiths)
now showed cause against the rule. The question arose
on the second plea to the declaration, which stated that
the defendant made his promissory note, and thereby
promlied to pay one John Holland on order 691. 4a. 6d.
To this it was pleaded that the defendant, u ,to:the said
John Holland, did not indorse the said promissory note.
The issue upon that was, whether the John Holland who
was tho i.ayee of the note indorsed it either by his own
hand or by the hand of any other person. At the trial
it appeared there Kere two John Hollands, father
a. d son. It was proved that the handwriting st
the back of the note was that of the soot
but on the part of the plaintiff it was submitted
that the presumption was that the note was given to
the father, and that there was no evidence to encounter
that presumption. The same argument was now relied
on on behalf of the plaintiff in resisting the rule.
Mr. BRAMWELL, in support of the rule, quoted If!:
Sergeant Byles's own book on bills, where it was lam
down " if there be a father and son of the same name a
bill would be presumed to be payable to the fathers
unless the contrary appeals." But the counsel for tbe
plaintiff at the first trial had failed to make the COW
Crary appear.

31ALCOM V. SCOTT.
The further arguments in this part-heard appeal oocu•
pied the Lord Chancellor the whole day.

ROLLS' COURT.—(THIS DAY.)
Th© Master of the Rolls did not sit to-day at the Rolla'
House, Chancery .lane, in consequence of having to
attend the Judicial Committee of the Privy Council.

VICE-CHANCERY.—(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
THE KING OF TUE TWO SICILIES V. THE PENINSULAS
AND ORIENTAL STEAM-PACKET COMPANY.
In this case Mr. BETHELL, with whom was Mr.
Goldsmid, applied on Monday for a special injunction
restraining the defendants from delivering up a ateam•
ship called the Bombay, now in their possession. The
facts of the case were these:—lmmediately after the
revolution the de facto Government sent over to this
country two individuals, named Scalia and Granatelli,
who entered into a contract with the defendants for the
purchase of two steam vessels. The bill was subse-
quently paid out of funds taken from the Royal Treasury.
Subsequently, before the delivering up of the second
ship (the first having been previously given up), the
insurrection was suppressed, and his Majesty's authority
restored. It had been determined, therefore, by
his Majesty to endeavour to obtain possession
of the vessel, on the ground that the purchase-
money had been taken from the Royal, Treasury,
and the result was the filing of the bill of the King of
the Two Sicilies, and the application for the injunction.
The Court granted the injunction, and an applicatica
was at the same time made- for leave to give a short
notice of motion for a second injunction to restrain the
surrender of a certain bill of sale. The Court also
granted this application, and the moving at 11? i) Blair"
of the Court.
Mr. BETHELL mentioned the case to the. Court, and,
after some discussion, it was arranged that the moth a
for the second injunction should stand over to the that
day of Hilary Term, the affidavits on all sides to be
prepared by the Ist of January, 1850.
MATTHEWS V. THE EARL ()F CARLISLE AND OTHERS.
The Court was occupied the remainder of the morn-
ing with the arguments in this case, H hich Mlle before
his Honour upon motion to dissolve an injunction which
he had granted ox parte during the long vacation, re-
straining the Noble Defendant, as the First Lord Com-
missioner of Woods and Forests, from granting a les,'
of certain mines in the forest of Dean to blelamish
Martin, a free miner of the forest of Dean.
(Before the Vice-Chancellor KNIGHT BRUCE.)
His Honour heard bankrupt petitions to-day, hut- 1 0
case of any interest came before him during ti a
morning.

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