The Sun.
London, England, 1847-03-18 00:00:00

ROLLS' COURT.-(THIS DAY.)

HILLS AND ANOTHER V. NASH AND OTHERS.
This was a bill filed against the executors of Thomas Nish,
to enforce the payment of certain losses incurred by him in
a speculation in which he had engaged with the plaintiffs.
A decree had been made in the cease.' in favour of the
plaintiffs in 1843, but the case. was taken before the Lord
Chancellor, who varied the decree by the addi-
tion of certain parties to the suit as defendants.
The cause therefore came on for re-hearing. The facts are
these:—ln the year 1841 George Webb suggested to the
:plaintiffs, Hills and Burton, and to Thomas Nash, and a per-
son named Carpenter, all of whom were engaged in the corn
trace, to enter into a speculation for the purchase and sale
et English wheat. The parties agreed that the profit or
loss should be regulated by the proportion cf corn which
each invested. It was further stipulated that Mr. Nash
was not to be one of the parties who were either to purchase
err sell.

The plaintiffs held 15,000 quarters of wheat, Webb
5,000, Nash 2,500, Carpenter '20,000, and a person
named Shepherd. who lied been introduced into the
speculation, 2,500. In 1840 the plaintiffs and Carpenter
'purchased a large quantity of wheat on a joint account, and
At the end of the year the affairs were wound up, when it was
:found that the►e was a loss of 18,1801. 18s. 6d. Carpenter
came to a settlement with the plaintiffs on the ascertained
loss sustained. Shepherd had also settled his portion of the
loss. Webb, not being in circumstances to enable him to
liquidate his moiety of the loss, was released
from al► liabilities. Nash died in 1811, and by his will ap-
pointed the defendants in this suit his executory, who, not
finding in the books of the testator any satisfactory evidence
of his being a party to the agreement in question, declined
to make any payment on his account until ample proofs were
given that such was the case. IA ebb and Shepherd, who
titer,/ parties in the original record, were added to the suit.
(The case had not concluded when our report left.)

,SHERIFFS' COURT.-(THIS DAY.)

( Before Mr. Under-Sheriff Ifuhcnv,L.r..)
AI3SENCE OF ATTORNEYS AND WITNESSES.

This moriong there was the same ground of complaint
which has existed f:}r some time past t f the absenca of the
parties at the appointed time, and sereral causes were either
struck out of the list or were placed at the bottom.

SMITH n. MOORE.

This was an action brought to recover compensation for
damage dune to an omnibus belonging to the plaintiff, an
omnibus proprietor.
The defelidant pleadel that he was not guilty of the
negligence imputed to him, but no one attended on his behalf.
Mr. WILDE stated the case on the part of the plaintiff,
from which it appeared, that in December last the plaintiff
was driving along the Mile-end-road, when the accident
occurred, through the defendant's cirt being on the wrong
side of the road. The actual damage to the onii;ibus was
about 101., and as much more was claimed for the loss of time.
On the-witnesses being called, however, they were not
present.
The U\nEu•SIIEItIFF said that a verdict for nominal
damages must be taken, unless the witnesses arrived before
the jury were dismissed.