The Sun.
London, England, 1847-02-18 00:00:00

DOCKWOOD V. CEIALLENOR.

The plaintiff' is an auctioneer and house-agent, near Port-
man-square, and the defendant is the proprietor of some
houses in Elm-tree-road, Grove-end-road. The action was
brought to recover the sum of 3/. 35% for work and labour.

The defendant pleaded payment of 1/. Its. 6d., and denied
his liability as to the remainder.
Mr. THOMAS appeared for the plaintiff, and called wit-
nesses, from whose evidence it appeared that the defendant
offered to give up his house, called " Elm Lodge," which was
to be divided into two parts, and let on lease, the leases to
be prepared at the expense of the lessees. The plaintiff was
employed to make out inventories of the fixtures. There
was also some repairs done under the direction of the plain-
tiff, and the present charge was 11. I Is. 6d. for the schedule,
and 11. 12s. for the work done, which were fair and reason-
able charges.

For the defendant it was contended that the schedule was
to be taken as part of the lease, and ought to have been ob-
tained at the expense of the lessee. 1/. 123. was proved to
be paid to plaintiff's clerk, but the money was afterwards
sent back. It was urged that this was a vexatious action,
as the 11. Ils. 6d. could have been recovered in the County
Court.

Mr. Tf1031,18, in reply, contended that the unfairness was
on the part of the defendant to entrap plaintiff to receive a
smaller sum than due by paying a clerk who.was not aware
of the facts, but the money had been sent back as soon as
the circumstance became known to defendant. The plaintiff
was in such a case fully justified in bringing an action, but if
he recover less than 405., he would be liable to pay double
costs.
The UWDER-SHERIFF said that the leases could not b. e
prepared with a schedule, if the landlord did not furnish it.
If the 11. 12s. Gd. had been paid, and more was due, and the
money was returned, then it ought not to be considered as a
payment. If the defendant had had a bill for 31. 3s. Gd., and
then-sent 1/. 19s. and a receipt ready written as for an account
delivered, it was taking such an advantage that it went
against him.
The jury immediately gave a verdict for the full amount
claimed.

BOW-STREET.-(THIS DAY.)
Two men, named Thomas and Wright, were placed at the
bar before Mr. Henry, charged with breaking into the house
of Mr. Hayes, of 22, Russell-square, and stealing therefrom a
quantity of property of the value of 601. Thomas was further
charged with wounding Policeman E 99 by a heavy blow
with a life Treserver.
Policeman E 55, said, that at about a quarter-past four
o'clock this morning, being on duty in Kerpel-street, Rus-
sell-square, he found the garden. gate of No. 24, Russell-
square, open. He waited till E 99 came up, and then en-
tered with him. As soon as they got inside they heard a
noise of feet in the next garden, and proceeded to climb over
the wall. As they got on the top of the wall they saw the
prisoner Thomas, crouching down at the foot of it, but as 99
was about to get down, Thomas rose and gave him a violent
blow with something which ke held in his hand
The constable fell back, stunned, but after a•
momeut recovered himself and proceeded. They then
went on in pursuit of Thomas, who had crossed
the wall at the opposite side of the garden, and being guided
by the noise of his footsteps they crossed six walls, and