The Sun.
London, England, 1846-11-09 00:00:00

HUNT P. PUCHAN.

This was an action arising out of the non-accept-
ances of a number of shares in the Manchester and
Southampton Railway Company. Mr. Hunt was a
-provisional committeeman of this line, and as
such, was entitled to receive 100 shares. A short
Vme after he applied to the secretary for a
further allotment of shares over and above the 100.
Mr. Hunt was residing at Southampton, as also Mr.
Puckan, the defendant, who on the Ist of October went
up to London, and while there sent down instructions
by means of the electric telegraph to Mr. Clarke, a share-
broker of Southampton, in these words, "Buy me Man•
chester and Southampton shares at 4.4 or 4:1 premium,
and allotments at 41. Is. 3d. premium." Mr. Clark ac-
cordingly proceeded to purchase a number of shares and
allotments, including an allotment of 250 shares, for
which Hunt and the plaintiff had written to the com-
pany, and in writing to the defendant, then in London,
enumerating the purchases he had made, he mentioned
the 250 shares applied for by Hunt (the plaintiff), which
he had purchased at 51. premium. The company re-
fused, however, to allot to the plaintiff the 250 shares
ho had api)lied for, and in consequence of his not
having received the shares, defendant said that he would
let him off his contract. On the 28th of October he
received a letter from the secretary of the company
stating that one hundred shares were allotted
t•) him as a member of the provisional committee.
The plaintiff paid the necessary deposits. Some delay,
however, took place in his receiving the scrip, during
which time its value was considerably reduced. Plain-
tiff then called upon the defendant, and requested him
to take the scrip according to the terms of the contract,
which the defendant refused, and the present action was
brought to compel defendant to make good the loss by
his refusal. A verdict was found for the plaintiff.

Mr:MONTAGUE CHAMBERS now moved for a new trial
upon the ground that there was no authority for the
defendant to make the contract, the instructions being
to buy shares, and not allotments of shares; secondly,
that an unreasonable time had elapsed before the scrip
was delivered to the defendant.
The COURT refused the rule.

COURT OF COMMON PLEAS, Nov. 7.
(Sittings in Banco.)

WYNCH AND OTHERS V. HAMILTON AND OTHERS.-

BREACH OF CONTRACT.

Mr. MARTIN moved for a rule to show cause why the
verdict in this case should not be set aside and a new
trial granted, or why judgment should not be arrested.
The action, which was one of considerable importance,
was tried at last Liverpool Assizes, before Mr. Justice
Cresswell, and a verdict given for the defendants—
datyages. 790 t. 14s. 3d. The plaintiffs were owners of a
ship, and the defendants had chartered for a ♦essel, the
Mary Wynch, to go out to the coast of West Africa, for
a cargo of guano ; and, in the failure of obtaining that,
to sail, under certain instructions, to Rio and Bahia, for
a cargo. The action was brought to recover the amount
of freight, which was refused, on the ground of non-ful-
filment of the terms of the contract. The defence was
that the captain had opened the sealed instructions given
him in the wrong latitude ; that he did not make proper
inquiry, according to the instructions, for guano ; and
that he sailed to Bahia, and from thence to Europe, in a
manner and time not warranted by the charter-party. This
was denied, the plaintiffs affirming that any failure of
the expedition arose from the inability to obtain guano,
and the imperfect nature of the instructions. The
Learned Gentleman went on to show that the defendants
had done all that was required of them by the charter,
and that the failure had been occasioned by the
captain of the vessel neglecting the express instructions
given him. This was the point left to the jury, and if
the instructions were read, and the evidence consulted,
it would be found that he had.failed to carry them out in
many essential particulars.
Rule granted, with instructions that it be made a
special case.