The Sun.
London, England, 1836-01-13 00:00:00

FRANCO V. LATOUCHE.

This was an action upon four policies of insurance upon the
Portuguese ship Activa and its cargo. It was tried before.
Mr. Baron Alderson at the London sittings after lastt.Nrin,
when a verdict was found for the plaintiff.
Mr. MAULE now moved for a rule to show cause why the
verdict should not be entered for the defendant, or why there
should not be a new trial, The ship sailed from St. Michael's
to Santa Cruz de Teneriffe on thellth of August, 1834. The
only witnesses on the trial were the captain and the super-
cargo, and the evidence was that after they bad been at sea
for two or three days, they found they were making
water in the hold, though they had not met with any
weather which could be termed bad weather. They called
it only light winds ; the water gained upon them, and on the
tenth day, though they used the pumps, they were afraid they
were going to become victims, and therefore they abandoned
the vessel, which was never again heard of. The Learned
Gentleman complained of the summing up of the Judge, he
having thrown the onus probandi of proving the unseaworthi-
ness upon the defendant. He submitted that the fact of the
vessel having made five inches tof water the two first days
without any, boisterous weather, was such a case as to throw
the proof of sea-worthiness upon the plaintiffs. At the re-
quest of the Court, the Learned Gentleman read the whole of
the summing up.
The LORD CHIEF-BARON said he had never heard a more
clear or more legal summing up. It was not fair to the Judge
to pick out one solitary sentence, and argue upon it.
Mr. MAULE also moved upon the ground of a deviation from
the right course in making the voyage.
Mr. Baron ALDERSON said, though there was such a plea
on the record, yet it was never mentioned at the trial. It was
like laying a trap for a Judge to move upon misdirection of a
point never raised or alluded to at the trial.
Mr. MAULE then stated that the Jury had found that the
ship had been abandoned without sufficient cause.
Rule refused, on the ground that on the last point the
Counsel did not make a distinct application before the Jury to
have the verdict entered for the defendant.

THE FUNDS-(THIS DAY).

CITY, TWELVE O'CLOCK.

New York Papers of the 24th ult. have been received, and
we are happy to state that the amount of the loss by the great
fire does not exceed one-half of the sum previously stated—
twenty-five millions of dollars. The papers say that the
greatest alarmists do not claim more than ten millions of
dollars—in other words, two millions sterling. It also appears
that the fire was accidental, and that two lives only were lost
during the fire.
The New York Daily Advertiser, of the 24th ult., has the
following paragraph :
" INSURANCE.—We now see the folly of driving from our
shores the capital of foreigners by a paltry policy. We
prohibited the great London Capitalists from insuring in this
City ; many of the Companies who had a capital of 12 mil-
lions of pounds sterling were doing business here, taking
our risks at the lowest rates, and paying their losses with
the greatest fidelity. If these Companies now existed, it is
probable at least half our immense loss would have fallen
on them. They would have drawn their bills on England,
and the whole would have been settled in less than thirty
days. It is however now too late to repent; but it may
teach us a lesson hereafter."

Extract ofa private letter from New York of the 24th ult. :
—" Everything is going on much better than was anticipated—
only one or two small failures. All others have promptly
paid up, and money is getting more plentiful. The State
and City Authorities have made arrangements to lend large
amounts to the Insurance Companies, and they will promptly
pay up their losses. Exchange on London, 8i.."
Van- Diemen's-Land Papers have been received to the Ist
August. They state that the excesses committed by bands pf
ruffians who scour the country in all directions, render it unsafe
to stir abroad, and continue unabated. The proceedings of
the Patriotic Associations in New South Wales, with the ap-
pointment of Mr. Lytton Bulvver to the office of Parliamen-
tary Advocate, with a salary of 2,0001. per annum, were the
chief objects under discussion in that colony.
Quebec Papers are received at the New South American
Coffee House to the 9th ult. Under the head of " Upper
Canada," they state that the Legislature was again prorogued
to the 10th January.

TILE FUNDS.
Consols, which left off yesterday at 92 for the Account,
opened this morning at 92i 11, with little doing ; for Money
91i ; Omnium 41- prem. ; Exchequer Bills I'2l 23 ; India
Bonds 5 7 • Bank Stock 2133- 2143: ; India Stock 252 253.
In the Foreign Market Spanish Active Bonds are not so
good as they left off-50A- -I, have receded to 494 50 ; Portu-
guese 84i ; 3 per Cents. 541 4 ; Columbian 331; Mexican
371 381 ; Dutch 21 per Cents. 554 ; 5 per Cents. 104.
The Express from Paris is of little import. No news from
the armies in the North of Spain of any importance. French
Funds—Five per Cents. 108 f. 65c. ; Three per Cents. 81f.
se. ; Spanish Active 501.
HALF-PAST ONE.

The Commissioners for the West India Claims purchased
this morning about 60,0001. Consols, at 924, at which price:they
ars at present, which is the only feature worth observation in
the Consol Market. Exchequer Bills, 20 22; India Bonds,
4 6 ; Bank Stock, 2131- 214/ ; India Stock, 252 253.
In the Foreign Market, Spanish Active Bonds, which re-
ceded, in the early part of the morning, to 49k, have since
improved to 491 50 ; Portuguese, 84i ; Three per Cents., 541.
THREE 0' CL ocr.
Consols for the Aceount, 924.

FALMOUTII.—The Delight Picket arrived on the
10th from Lisbon, sailed on the 3d—left there the Hastings,
Viper, Ca»zelion, and Quail. The Tweed sailed on the
2d for Cadiz, and the Pearl the same day for Santander.