The Sun.
London, England, 1841-11-05 00:00:00

EXCHEQUER,.-(THIS DAY).

.an VAUNTLEROY V. JONES.
This Was
action of trover to recover a number of
packs of wool, which was tried before the Lord Chief
'",a on at the late assizes held at Flint, when his Lord-
ship nonsuited the plaintiff.
The ATTORNEY-GENERAL now moved for a rule nisi
to set aside the nonsuit, and enter a verdict for the plain-
tiff He said his client was a large dealer in wool; the
defendant Jones was a flannel manufacturer, who had
.e cry considerable business transactions with him. During
In last year he introduced a person named Howell to
the plaintiff as one who had succeeded to his business.
Howell gave an order for wool to the amount of 691. for
Which cash was paid, and the money was traced to have
come from Jones. The next order was to ,the, amount of
147 L, which suns was likewise, paid by Jones' money.
he third order amounted to 4601., which was partly paid
fur in money, again from Jones, the remainder was
paidfor by a bill from Howell. The fourth order was
for 361/., part of which was again paid for in cash, and
the remainder by bill from Howell; ;and -one snore
"transaction of a similar, nature took place be-
lore the first bill . -*as due. ,! All !,=the bills
were dishonoured, and •upon inquiry the. plaintiff
fit found that Howell had never been .a flannel ma-
;21ai7,.,-Ilufacturer-,--that. all the wool had been taken to the.
la)relsiti,i4" of Jones, and had been sold by him to pay off a
54; kii" of between 4,000/. and 5,0001, owing to him by
the He (the Attorney-General) contended that
tk„;:'7,c,fraud was so palpable that, according to the cases of
iul°tt c• Parry and -Hill v. Parrott, the property in
e'goods had not passed out of the plaintiff, and there-
ore trover would lie.
l!r• Baron PARXE- —Undoubtedly fraud would vitiate
the contract, but the question here is, part of the money
mute of
troyer bethe gods having been paid could tho action
maiontained without a tender of repayment? of
The ATTORNEY-GENERAL said that was the real
and a most important one it was, for if the
, lyt held that a tender was necessary any person who
iad determined upon committing a fraud would take care
tl° Pay some part of the purchase-money. In this case
it
was abundantly clear that the object . of Jones was to
oft PaYinent of the debt owing him by Howell, out
the property of the plaintiff. He trusted that, as the
liy I,:* was so important to the commercial world, the Court
aid think it was one deserving of further consideration.
$.ll.-the COURT—Yes we think it deserves further atten-
'ON therefore you may take a7rule.—Rule nisi granted:

BAIL COURT.-(THIS DAY.)
th:uord DlAncus HILL took the oaths this morning, in
•18 Court in order to qualify himself as a Privy Coun-
cillo
'4 .1, r •

RICHMOND V. COLE.
4n this case an action had been brought by the plain-
-71., chemist and druggist, to recover the sum of
6s. from the defendant for medicines supplied to the
mef
endant's son, a young man residing at Clapham. The
-as° came on r trial before the Secondary of the City
ef
`: • London, in the month of August last, and a verdict
"IS returned for the plaintiff with. 40s. damages.
Mr. CHAMBERS now applied for a rule nisi for
4tll24suit or for a new trial, on the ground that
,;•!,11 • •
k„PIRDHIff had supplied these medicines as an
Kc'tnecary, and had not produced any certificate
,i1"41 the Apothecaries' Company, nor had he
• im°,W4 that he was in practice as an apothecary prior to
d-45. This, lie contended, the plaintiff was bound to
inasmuch as he had been applied to by the defend-
liut'3 son for advice, and had prescribed for him, and
,ttplied Lim with the medicines which he thought ne-
ot 841. Y. This the plaintiff had not done, and therefore •
toek Learned Counsel cOntended the plaintiff ought
to leave been nonsuited. This point had been submitted
efre Secondary at the time of the trial, and that
if ner: in summing up the case to the Jury had said that
011 f chemist gave advice, and supplied medicines, and
httY, charged for the medicines • supplied as he would
• LQvie dnnoif lie had not given any advice, then he would
tk,:,rltitled to recmer. Now, that, he (Mr. Chambers),
4.14 '"ended, was such a misdirection as entitled him to a
• 14 fora new trial.
~,
kro„!. Justice PATTESON—Take your rule on both
"la.—Application granted.
Th. PINKNEY V. BOOTH.
was a case which had been tried before the Sher
Yorkshire, on a writ from this Court. Tho writ
ck,„ ireturnable oaths 27th July, and on that day the
• Yep bad been tried, but the Jury had not returned their
let un
likfendtil after twelve o'clock at night. It was for
ant.
tilkyikke • NewToN now moved for a rule to arrest the judg-
,4: ulllll,tton the ground that as the writ was returnable on
th, the time had expired at twelve o'clock on the
tio""t of that day, and that consequently the Sheriff had
~Power of receiving a verdict after that hour.—Rule
41 granted.

v. .
,hisT was an actionLEWES
tried beforeAMOß
Mr. Sergeant Arabin,
• , recover the amount of attorney's bill. The defendant
vie:edfirst, never indebted ; second, that the defend-
ant had got rid 'of the debt by a bankruptcy,' subse-
Chtly to the contracting of it ; and third, that it was
-ntracted for an immoral purpose. On the last issue
e of the
debtc roved,
owhatever, was offered- The enc
Was pr v and it was likewise shown that the
Plaintiff h-adben employed by the defendant in March,
the bankruptcy having taken place in the February
teceding• The verdict was for the defendant in all the
''aues.
Mr. JERVIS now moved. for a rule nisi for a new trial.
1.,..Mr. Justice PArrEsoN--Have you Mr. Sergeant Ara-
-'l,'‘ notes ?
a fr• JERVIS-No my Lord. We have paid for them,
ti- they were to have been sent to your Lordship yes-
erd.
ro 4Y but as they had not arrived, I abstained from
-40,„. '
Part} g• In other Sheriffs' Courts the usual practice is for
115141.--es to pay ss. to the Sheriff's clerk, for which the
adopted
are supplied -to the parties ; but the practice
14Qe'ed by Mr. Sergeant Arabin is, that each party pays
". to the clerk, and the notes are supplied to neither
131 hen?,
In but are sent to the Court.
b, quiries were made whether the notes had been sent
ticalatake to the other Court, when it was found that
1, Z had not yet been furnished.
~,':- ,t„,. r. Justice PATTESON-I
tild,ought to have the notes be-
-1111 e• ' However, I think you have shown enough to
4-Pplication
ft You to your rule, even without the notes.
granted.
I'l,, EY ll4°N • and CO
MMERCIAL NEWS.
111:;.,
CITY, TWELVE O'CLOCK.
ipo't,,l'„'"EnPOOL COTTON MARKET, NOV. 4:-The sales of
L'at.:' is '',,`" tu-day scarcely realise 2,000 bales. The Market
.„,_.jl-)101((l'-ce,,,clingly heavy, and priees for the descriptions
'" -dell' chiefly American, have a further declining ten-
%(ll 1,e37. Common qualities 51d. to 6d.
' -.. ir lvEnPoor.. SHARE 'MARKET, Nov. 4.-London and_
.i1111_,.. 321. Shares, 21i ; New ditto, 24 ; North
lot gingham,
m hd "'birds, 141.
10.d,,424eriESTtu Srocit EXCHANGE, Nov. 4.-We have
111,,,ZY had a good inquiry for Railway Stock, and the
do-11..tet t enerally closes firm; a fair amount of business
titkitQand very little Stock offering at the close: London
Si, 'lotith Western, 52; Manchester and Leeds, Quarter
ter47/8' I'd. 15s. 3d. to 21. 15s. 2i-d.; Bank of Manches-
-1144-.** 18s. 9tl ; Manchester Assurance, 9 to 91; Man-
, 1-i`r and Salford Water Works, 54 to 54-1. _ .
lam xerrnost important information brought. by the OT
Fel-, „if,,llil is the notification issued by Sir H. Pottin-
' ails b-,,,,,,ga-'h has given general satisfaction in the City, but
' -"mewl no effect on the Stock Market.
C TIM FUNDS.
- ' t114t11°1& opened at" 881 89 for Money, and 891 for
hl,t'lic'lt,(4l M- Bank Stock .1641 1651 ; Spanish Active
',17 i)t-,ik; 'Passive 41 5 ; Deferred 1041 ; Portuguese
b-sin(i% -k; ents•. 29 ; I itto Threes 18k. Very little
i3O •
PiLdeino-,
-ABbCOP SHARES THIS DAY AT ONE.
P.id. Per Share.
'',t 'LLOti°ll44l(lllWi A. 'ls'
',lu rtghton
4,, viii.,40(.1 111ackwall -
kola i v(tw
Ditto
anti hirmingliani OO l5B -
Litid ° Nevi
.. -
•}I, l'ork" and tioutlt Western 3Bl' 52}..... to -
~i , , and North Midlanol so - ..... to -•4j'tt° New Shares l5 - to -
1.( JOINT STOCK HANss.
111. 1 oti au(l Westminster 00 -
enroacial of Ireland... .. .. ...... 25 -
HALF PAST ONE.
tla3'he Hamburg -Mail, with letters and papers of Tues-
-1 '',,' has just arrived. Exchange on London continues
:t. 'e.tel.ine ; the last quotation is 13 14:1 ; Gold steady
Itit,4e English Stock Market has become flat and heavy
11',,e tho opening. Consols have receded to 88 for
preen Y, and 881 for the Account ; India Bonds are 2 1
i''‘'tli ; Bank Stock, 165 ; Three per Cents. Reduced,
•• • .., Vatt Three-and-a-Half per Cents. Reduced, 97/4
lir zil:zY little business doing in the Foreign Market.
tUk„„;`4111 Bonds are 571 ; Colombian lionds, 19/ ; Por-
-214.3n Three per Cents., 18 ; Spanish Active Stock,
V---g. ; Dutch Two-and-a-Half per Cents., 511 j 511.
Big Y little business doing in Shares. London and
..1k1)1;6.111 36i • London and Blackwall, 91 ; London
W. -r-artningl ' 158 ; Ditto, New, 244`1 ; South
'stern), 521; York and North Midland, New hares, 271.
TWO O'CLOCK.
`',i to!lt'xt,ll
"1 Markets are flat and heavy. Consols are 8811
kom7eY sand 88:i i for Account ; Spanish Active II
"'' 2. '.l
. Con , QUARTER TO THREE
4 gstlts, Money, 88-- a ; Do. Account, 88i Zs ; Mold-
Spanish, , 8 4 ,
•Musev.4 2 i 2l* -4-.
Per 6,," attention has been excited by the intelligence-
,t he Pierland Mail ; but it has caused no excitement.
!lave ea Market is very quiet upon it, and prices
ht ruled steady at the public sales this morn-
keLt ~s°Pillions are divided as to whether the pre-
'•, 114 .Ites Will be maintained, or what may bo the ac-
'ill4' '.Pre,s.tellt of the imports. The East India Markets
ssi - ' ktlo-yrilt,llP new feature. Goods sold rather freely, but
,itil.:+,l Prices, Money was expeCted to be easier. •
11 i'. . et,„
Th.. Is'. =• - -
°l'4 041 ".1-cl MARKETS-THIS DAY.
~i,trlAi, e
• CORN EXCHANGE.
114,W11(4t supplies of Corn this week have been short.
%, i, 'i „ i,,„ at Monday's prices, with little doing. Fine
' .''',, vr„, supported its value, and coarse quality sold
```d'''o
•t.' Beans and Peas as last stated. Not much
e
4kl f ill 'IT FO Coats
ur'at the and prices unvaried. There was a fair
advance.
tlhe SMITHFIELD. ,
51 ht 41.13,7 Y Of Cattle and Sheep this morning was
Of c' with a
. ' `Qv dull trade, and prices of Mutton lower.
god d es and Pigs the supply was moderate, with a
20E0
'}piton
for fine qualities. Beasts, 522 ; Sheep,
'Nit°. ..,gs, 471 ; Calves, 228. Beef, 3s. 4d. to 4.5. 4r,d2.
ie. 4 Ss. 'IR. Gd. to 4s. 6d. ; Veal, 4s. to 55.; Pork, 4s• ou
ud. '
Thlt COLONIAL MARKET.
NI.I tiot Public sales were of little moment, and the opera-
tLll' a 'PrivatelY were trivial. The arrivals keep small.
til,(-)-.1 , The
,
aeillzeolvnbrie
salesTE A MARKET.
'444 threW" a fair business done in Free Trade Tea,
went at full rates. Company's
-4 Yidu ciwever, was rather lowest, and ls. lud. was
Of eigl P4rcola,

110

'~y;,.