The Sun.
London, England, 1840-04-25 00:00:00

COURT OF EXCiIIEQUEIP..
(THIS DAY.)
(Sittings in Banco. )
bORNWALL V. FOWKE.
Mr Baron Paftit gave judgment in this case at the
sitting of the Court. He Said inO atti!Tr+ was brought
upon an egreernsmt by the defendant to take ti hone,: of
the plaintiff for a term of years. The defendant pleaded
that the agreement was void on the ground of fraud, covin,
and nrsrepresentation of the plaintiff and others in collu-
sion him, which plea the defendant had to prove.
The alleged fraud Consisted in an untrue representation
made by a house agent employed to let the house in ques-
tion, in answer to a question put to him by ihd defendant.
The question was whether there was any objection td the
house—the answer, that there was none; and it appeared
that the house next door was occupied as a brothel, and
that the plaintiff knew of it Eder., but the agent did not.
The Lord Chief Baron thought the pla'ntiff was hound
by the representation of the agent, and left it to the Jury
to say whether the representation was intended to rel,te
to intrinsic objeetions only. or applied to extrin•
sic oojcctions aiso. 'he Jury found it was meant
and understood to refer to both find to the mode
in which that question was left to the dory
or their finding upon it, no objection was made. But it
was said, and be thought truly, that it was necesstry to go
further, and prove that the representation had been fraudu-
lently made. As the representation was not embodied in
the contract, the contract could not be effected unless the
representation were fraudulent. That was tie principle
upon which the plea was framed. He held that the simple
Ica that the plaintiff was aware of the existence of the
nuisance, and that the agent did not, and represented re-
cording to li;s belief, not enough to constitute fraud.
Each person was innocent: the pfaltitiff made no false re-
presentation, and the agent, though he made, one, did not
know it to be false. Now it seemed to him to be an un-
tenable proposition that if each be innocent, the act of
either, or both, could be a fratnl. No case could be found
is which such a principle was laid down, as was admitted
by counsel during the argument. He must concede that if
any one employ an agent to make a contract, and he, though
the principle were perfectly guiltless, knowingly comwiitted
a fraud in making the contract, not only would such con-
tract be void, but the principal would be liable to an action.
That was laid down by Lord Halt in Salkeld 289. In the
present case the agent acted without any fraudulent intent,
and, therefore, his act alone neither rendered the plaintiff
liable to an action, nor vitiated the contract. He felt
bound to admit that if the plaintiff, knowing of the exist-
ence of the nuisance, and fearing such a question might be
asked, employed an agent who could not know of it, in;
the hope and with the intention that the question should be
answered in the begative, they would unquestionably be
guilty of fraud, and the contract would be avoided, for
that would make the representation of the agent his own.
But whether the facts of the present case would warrant
such an inference, it was unnecessary to inquire, as if they
would, the question ought to be left to the jury. His
opinion was that the case had not been properly consi-
dered, and that there ought to be a new trial.
Mr. Baron Alderson, and Mr. Baron Rolfe, took the
same view of the case as Mr. Baron Parke.
Lord ABINGER held to the opinion given by him at the
trial, and cited various cases in order to show that it had
invariably been laid down that a principal was bound
by the act or representation of his agent.
The rule for a new trial was made absolute.
PHILIPS AND OTHERS V. HVITH AND OTHERS.
The CoVRT also gave judgment in this case, which arose
out of the bankruptcy of Messrs. Warwick and Claggett.
These genticra,,n were the consignees of a large quantity
of tobacco, the property of the plamtiff,. The bilis of
lading fur tie goods ought to have been given over to the
pig iff,' agent in this country ; but, is place of doing
5 hey pledged them to the defendants for large advances
money.

Toe Court, after going through the cases in the books
relatirg to the le,w of corisignees and agents, said they
crc dissAtified with the verdict, and the rule for a new
trhtlmu,t be made i,bsolute.

The Court afterwards head motions for new trials frf.m
the Tate Circuits; none of th,..in presented sty feature of
public interest.

IRELANIJ.

THE NATIONAL A SSCCIATION.-0,1 Thursday there
was a full mt-eting of the Association, O'Neile Daunt.
E:q., in the chair. After tt c admission as memo, rs of
the Rev. Dr. Doyle, of St. Michael and John's Chapel,
of four other gentlemen, as well as of Mr. Smith, a ho,
with his four sons, each having paid his shilling, were en-
rolled as R. p-alcrs, Mr. O'Connell aliuckl to certain
errors in the reports of the Irish press, owing to the ra-
pidity of publication. The Hon, G,•ntleman then ad-
dressed the meeting on the injustice that Ireland was twf-
ferlig from the way the ecclesiastical revenues of the coup-
try were appropriated.

LEINSTER AGGREGATE MEETING. -- The aggregate
meeting of this province, to petition against Lord Stanley's
ll,sfranchisement Bill, will be held on Tuesday or Wed.
nesday nuxt. Already there arc upwards 4,f 200 names to
the requisition, comprising a coasiderable number of IVlen3-
hers of the House of Commons, and the principal Liberal
gentry of the province.
The Dublin Evening Post affirms that all sections of
Reformers .:re thoroughly united to resist the monstrous
attempt of Lord Stanley to extirpate the franchise in Ice-
land.

NEW ASSISTANT- BARRISTER. —The vacant Chairman-
ship has been filled by the appointment of Mr. Nelson, of
the North-East Bar, whose professional qualifications are
of the highest order. Mr. Nelson has been a consistent
and energetic friend of Reform, and has rendered good
service to the cause in Ulster.—Dublin Evening Post.
THE UNDER- SECRETART SHIP. -We rather believe tha
nothing definitive has yet taken place in regard to the im-
portant office become vacant by Mr. Drummond's death.
It will, indeed, be very difficult to find a successor co well
qualified by zeal, talent, experience, and station in the
country to succeed him. Ability there may be had, no
doubt, and Mr. Buller, of Liskeard—the only gentleman
whose name we have heard confidently mentioned—is a
man of great talents, and of a political integrity tho-
roughly unimpeachable. It may be questioned, how-
ever, if one whose reputation is principally parliamen-
tary would abandon his seat in an assembly where he
is rapidly rising into importance, and for an office, too,
however important and honourable, which may be
temporary, and which, at all events, no political man,
that has a regard to his character, could hold
on a change of Administration. Other persons hold-
ing office in Ireland have been also mentioned; but it is
not likely that the individuals in question would resign a
substantial and competent certainty for an office from
which they would be removed at pleasure. There is only
one rri.,n, we imagine, so circumstanced—that is to say, one
who holds an honourAle and permanent appointment,
ready to resign it, and take the Under-Secretary's Office,
wilt) all its risks. The gentleman to whom we refer is
Mr. Al. xander Macdonnell, for some years Chief Clerk
in the Chief S-cretar)'s Offiee, and now Commissioner of
Education —Aid

THE CHURCH EDUCATION SOCIETY.-Dr. Sadlicr,
Provost of Trir.il College, refused the use of the exami-
nation hall of the Univer4y for the first meeting of this
Soci,•ty, which took place on Thursday in the round room
tlo• li,,tunda. This inciting vy,s into nd. das u grand
demorktration against the National Board of Education.
THE LATE .IR. DUUMM,PED.—Proofs nt the deservedly
high estimation in %hien thy late Under-Secretary was
held continue to p ur in front all quarters,

ALLEGED MUtt DER AT VA UX-
HALL BRIDGE.

Some excitement 11,s been caused in the Vauxhall-
idge-road, in consequence of the reported murder of a
coa:heaver. named Crow, who re=i,Ld at Paitnees- village,
Westminster, whose body was found on Ft iday morning at
the loot of the stairs oil the Westminster side of Vauxhall_
bridge, lying in the mud, about six feet from the wall of
the bridge. There was just sufficient water to cover him.
There was blood upon the first landing of the stairs. There
were three wounds on the head, two in front, and one be-
hind. Friday night an inquest was held, when Mr.
Pearce, n surgeon, said that he had examined the body of
the deceased. On the right side of the head there was a
scalp wound, extending backwards four inches ; the skull
was fractured. On the left side was another wound two
inches and a half in length, which had also fractured the
skull. The skin was off the knuckles of the left hand.
These wounds on the head were sufficient to have caused
death.—The inquest, which lasted till midnight, was ad-
journed until Monday.

The dinner to Henry Handley, Esq., M.P. at
Boston, on Tuesday next, will, we doubt not, prove the high
estimation in which that indefatigable representative is held
by a large number of the influential and independent yeo-
manry of thiscounty. We are glad to find that Lord
Worsley, M.P., Sir John 'I horold, Sir E. L. Bulwer, 111. P.,
Sir James Duke, M.P., the Hon. C. Clifford, and other pub-
lic men, have engaged to be present on the occasion.—Stam-
ford Mercury.
The Mayfly will make its appearance in a few
days, to the great delight of the anglers for trout. It is the
most short-lived insect known ; it makes its appearance at sun-
rise, and dies at sunset the same day.
.‘ Yesterday evening," says the Commerce, " as
M. Thiera's carriage was coming out of the Tuileries into the
Rue de Rivoli, the front axle-tree broke. No further acci-
dent occurred, sinee the horses were instantly stopped, but the
Pre.sident of the Council had to take a cabriolet to go home."
—Galignani.

COVENT-GARDEN.—AS You Like It was
performed at this theatre last night, and with so strong a caste
as to afford the highest gratification to a very numerous
audierce. Miss E. Tree was the Rosalind of the evening.
Her delicacy, grace, and spirit'were never better brought out.
Mrs. Humby's Audrey is a thing to the life. Mr. Anderson's
Orlando was manly and energetic. Mr. Cooper was the me-
lancholy Jaques. Harley's Touchstone was sprightly and viva-
cious. Bartley's Adam was played with feeling. Meadows
played William. The play went off with the best spirit. The
scenery and appointments, as usual, were b,:autiful and appro.
priate. At the conclusion of the play Miss Tree, in due obe-
dience to a foolish custom, al pared to receive the plaudits of
the audience.

Tory.
Whig.
„,
IHE WAR IN FRENCH AnucA—The Al- Out Liberty
giers correspond nt of the Toulorinais states that A bd-el- Kader, Bishop's Liberty
932
Marsh Liberty
499
on learning- that the arrival of the Duke of Orleans was ex-
Prince's Liberty
__,--
pected, had addressed a letter to Marshal Vallee, in which the
_
3,525
following passage occurs :—" Eithertu I have been able to con-
-2,404
canvassing
ceive that the advanced age of your Sovereign, preventing him . 514 ......... ..... 1.t,i7,5!
from quitting li.s domin oils, and crossing the sea, to come and
era) months in anticipation of an election, whilst zee,
measure his arms %%jilt me, should defer the task of eomiuer.ng forsusecycessful party, too confident of their continuance
1 ent re-
me to sums of his generals, to whom the rules of consistency arid It is understood that the Tories have been actively can
the
neglected to make similar prepaiations. A very differ
I.lFjoixil till IPaYII-15e9 r eg.Yia-
my own dignity have induced me to oppose my generals ; but
stHeronC.
cult is anticipated at the next election.
weePer,s.
now that the importance of the war compels your infirm King
A &potation of tl,e
to send his eldest son to repre,ent him at the h,:ad of his army.
I place myself at the head of mine, and we shall see who will
the Bill which the Hon. Gentleman has introduced c°
had an audience on Friday with the
be triumphant." At Cherched tour block-houses have boon
IPlliament relating to the regulations of the trade of chimney-
oomph ted, redoubts have been thrown up at every point, and
sweepirg.
•
• being
the art Wei •y planted; so that tne place is not onlysecure against
A JAMAICA LEG/SLATUR.....A. bill
any coup-de-main, but able 'o resist a furrnidab e attack Th •
mila,iag
more
than brought in to the House of Assembly of Jamaica for ret.,
a.,,
Inhabitants do not appear anxious to return, as mot
t I. v. wharfingers, Mr. Paul Phipps a distinguished member,
en-
twenty have come to demand restitution of their property.
Speaker, I ,
wbar
to the east of 6,31 r. very much approve of the bill. The ,
several Kab)les, from Chenona, a numerous tribe
years'
r ten
gers are all a act of knalT2. I was one myself f"
Chercheli, had brought in some cattle.