The Sun.
London, England, 1847-11-17 00:00:00

BUSINESS OF THE COURT.

Public notice was given that the Court would sit
in Banco upon the Ist, 3d, and 6th days of December,
for the purpose of procet ding with such cases upon
the new trial and demurrer paper as were not then
disposed of. This arrangement would not interfere
with the sittings at Nisi I'rius.

COMMON PLEAS.—(THIS DAY.)
(Sittings in Banco.)
The Court took the demurrer paper to-day, but no
case of any general interest came under discussion
during the morning.

SECONDARIES'.—(THIS DAY.)
(Before Mr. Secondary JAMES.)
FOWLER V. FREEBUER.
This was an action to recover the sum of 42/.25. 4d.
on a bill of exchange accepted by the plaintiff for the
thereon,accommodation
anal
t.
lof the
7 s
.6d
.for defendant,
goods
31. 3s.
h,,11{4h f
t for
interest
rr
and de_
livered to him. The defendant suffered judgmQnt to
goTblylednedfmauisltsloannodf this was
on
as an inquiry to assess.
theT hbill,grionoddsa
charged
tbhuet therel
to pay, was clearly made out.
for were wines forwarded from Guernsey
was no evidence of delivery. The cleir'lletyo,
tiff's attorney was called, and proved serviapg plain-
tiff's attorney
with the amount of the claim endorsed, also
with the particulars of demand, and notice of exe-
cuting the writ of inquiry, on each of which occa-
sions defendant said he knew that the plaintiff was
entitled to the amount, but he was unable to pay at
the time. No sum was mentioned, as the defendant
had the documents in his hands at the time.
The Learned SECONDARY held that as no notice
had been given to produce the writ or particulars,
the amount could not be inferred. There was no
doubt as to the bill, but he was bound to tell the
jury that there was no evidence as to the amount of
the goods sold, but the plaintiff was entitled to a
verdict for nominal damages on that count.
The jury after consulting for about a quarter of
an hour, gave a verdict for the full amount.
The Learned SECONDARY said that the jury had,
in all probability, done no injustice, but their verdict
was open to legal objection.
A Juror said they might, in the absence of evi-
dence, as well infer that 5/. 17s. 6d. was due as ls.
The SECONDARY said that defendant, by not plead-
ing, admitted something was due, and plaintiff would
have been entitled, in order to get costs, to a nominal
verdict, although the debt itself had been paid.

MARLIIRO'-STREET—(THIS DAY.)
Benedict illurphy, a respectable middle aged man,
was placed at the bar before Mr. Bingham, charged
with embezzling various sums of money, amounting
to 251., received on account of his employer, Mr.
Thomas Walker, stove manufacturer and iron founder,
of No. 58, Oxford-street, Birmingham, and 302,
Oxford-street, London.
The prosecutor stated that, about five months ago,
he employed the prisoner to collect a number of out-
standing accounts, at a commission of ten per cent.
for his trouble. lie gave him a list of the debts, and
requested that, as soon as he received any part of the
money, to pay it directly to Mr. Spencer, his clerk,
in London. From information he subsequently re-
eeived prosecutor was induced to come to Lyndon,

and, on seeing Mr. Spencer, was informed that the
prisoner had received upwards of 361., and had paid
in only 81., keeping the rest for himself. He caused
an inquiry to be instituted amongst the parties who
owed the money, when it was ascertained that the
whole of them had paid the prisoner, and produced
receipts as an acknowledgment thereof. He then
caused the prisoner to be taken into custody.
Mr. Henry Lee, No. 50, Noel-street, Islington,
produced three receipts for the following suns-51.
paid on the 12th of July, Si. on the 16th of August,
and 21. 1 Os. 9d. on the 26th of August. The pri-
soner received the money, and signed the receipts.
Mrs. Jane Grumins, No. 9, Quickset-row, New-
road, said on the 28th of August she paid the pri-
soner 21., and on the 18th of September 11.; the pri-
soner signed the receipts for the same.
Mr. Samuel Spencer, clerk to the prosecutor, said
he was requested by Mr. Walker to make out the
bills of the outstanding debts, and to give them to
the prisoner to collect. The prisoner was told by
Mr. Walker to hand over to witness all the money
that he collected, and not to keep any in hand for a
single day. The prisoner had not accounted to him
for any of the above sums.
The prisoner denied the charge of embezzlement,
and said when he was engaged by Mr. Walker that
gentleman did not state that there was to be any
specific time for the money to be paid to Mr.
Spencer. He would repay Mr. Walker if he was
allowed a few days.
Mr. BINGHAM remanded him till Monday next.