The Sun.
London, England, 1848-12-12 00:00:00

CHANCERY.-(THIS DAY.)

The Lord Chancellor sat in his Court in tEe Old
Hall, Lincoln's Inn, to-day, and heard appeals.

TULLIAbIY V. VULLIA3IY.

This case came before his Lordship upon appeal from
the deeision of the Vice-Chancellor of Englaand. The
suit was instituted by Lew is Vulliamy, for an account
of the estate of his father, Benjamin Vulliamy, the well-
known watch and clock maker of Pall•mall, who died
in 1811. By the will of Benjamin Vulliamy, the pro-
perty was to be divided into seven parts, between his
widow and his six children, and one of the children,
Benjamin Lewis Vulliamy, who still carries on the
business at Pall-mall, was appointed an executor
with two other persons. All the parties except the
plaintiff had long ago adopted the executors' ac-
counts, and accepted their shares and executed releases.
The accounts, previous to the year 1825, were for
the most part made out by the other executors,
but since 1825 the management of the affairs had
principally devolved on Benjamin Lewis Vulliamy. Ac-
counts which the other members of the family had
adopted had been sent to the plaintiff also, but he dis-
puted their accuracy, and filed this bill in 1844 for a
general account:from the testator's death. There were
two questions now made, first, whether the plaintiff was
entitled to any further account for the period anterior
to 1825; and, secondly, whether the defendant, Benja-
min Lewis Vulliamy, had been in partnership with the
testator at the time of his death. The bill asserted that
there had been no partnership, and that the whole stock
in trade, as well as the profits of the business at Pall-
mall, belonged to the testator's estate. The defendant,
on the other hand, insisted on a partnership, and it was
admitted that he had had the management of the busi-
ness for some years before the testator's death, who, in
consequence of ill health had gone to reside at Kensing-
ton ; and it was proved that the family considered
the son as in partnership with his father. But it did
not appear that there was ever any partnership articles
executed. On the case coming on before his Honour the
Vice-Chancellor of England he was of opinion that he was
bound to direct a general account from the death of the
testator, with a declaration that there was a partnership
between Benjamin Lewis Vulliamy and the testator,
and an inquiry whether the defendant had any interest
in the stock in trade. From this decree the parties ap-
pealed to this branch of the Court.
The arguments in the case occupied the Court the
whole morning.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CHANCELLOR of ENQLAND.)
LADEKOOKE V. SMITH.

The further arguments in this part-heard case, which
came before his Honour on three causes, occupied the
Court the whole day.
(Before the Vice-Chancellor KNIGHT BRUCE.)
MACINTOSH V. GREAT 'WESTERN RAILWAY COMPANY.
The arguments in this cause occupied his Honour
the whole morning.
(Before the Vice-Chancellor WIGRAM.)
WEBSTER V. BRAY.-THE FLEETWOOD, PRESTON, AND
WEST RIDING JUNCTION RAILWAY COMPANY.
The further arguments in this cause, which was
partly heard yesterday, were resumed this morning.
The suit originated in a dispute between two gentlemen,
Mr. Webster, of Manchester, and Mr. Bray, of Preston,
who had been appointed joint solicitors to the Preston,
Fleetwood, and West Riding Junction Railway Com-
pany, and the question in the cause was whether the
profits made by them in their character of solicitors,
were to be divided equally, as partners, or whether each
should be paid merely in proportion to the actual ser-
vices rendered. It appeared that the railway having
been projected about the same time, by parties resident
at Manchester, and by others resident at Preston, it was
arranged, subsequently, that the two projects should be
combined, and on the Bth of May, 1845, the plaintiff
and the defendant were jointly appointed solicitors. It
would appear that a considerably larger amount of work
had been actually done by the defendant, and that if
the division of profit were to be regulated by this cir-
cumstance, the one party would probably receive hun-
dreds whilst the other would take thousands of pounds.
The case turns very much upon the evidence of retainer,
upon the acts done under it, the correspondence between
the parties, and by professional usage.
The arguments occupied the Court the whole morning

QUEEN'S BENCH.--(THIS DAY.)
(Sittings at Guildhall before Mr. Justice COLERIDGE
and Common Juries.)
COLLARD V. DOBREE.
This was an action brought by Messrs. Collard and
Collard, pianoforte manufacturers, of Cheapside, to re-
cover the value or possession of a pianoforte.
It appeared that in the year 1847 a gentleman named
Wilkin, who is now abroad, hired a pianoforte of the
plaintiffs, for the use of a lady, named Clifford, who at
that time resided at N 0.22, Upper George-street, Portman-
square. A short time afterwards, being pressed for money,
the lady applied to the defendant, a pawnbroker, to lend
her some money oii the security of the instrument, pro-
ducing at the same time a receipted bill of Messrs. Col-
lard. He accordingly lent her 201. upon it, and the
pianoforte was removed to his premises. He kept it
beyond the ordinary period at the wish of the lady, but
as it was not redeemed he sent it to Messrs. Debeuham
and Storr, where it was ultimately sold for 201. 10s.
The jury found a verdict for the plaintiff for 201. 10s.

CAPE OF GOOD HOPE.
(From the St. Helena Gazette of Oct. 28.)

The news by the last post is satisfactory. The let-
ters inform us that the Governor had reached Graff-
Reinet on the 28th ult., on his way to Cape Town,
through Kafirland.
The Boers were perfectly quiet, and Mr. Southey
was busily occupied in collecting the fines.
The execution of Dreyer has had a remarkable effect
throughout the country, in striking terror into the
hearts of the ill-disposed.

The loss of the rebels in the action at Bloem Pleats
bag been found greatly to exceed the original estimate;
and from the number of wounded who have come under
the Governor's notice, there is no doubt that the injuries
to many who escaped with life were of the most serious
nature.
The fort in construction at Bloem Fontein, to be
called ‘. Queen's Fort," will speedily be completed, and
for the present garrisoned with 60 or 70 Cape Mounted
Rifles, and two companies of the 45th Regiment, toge-
ther with some field-pieces of moderate calibre.
The Governor waa expected to be at Graham's Town
on the 12th instant, thence to start for Port Elizabeth.
We are not aware how his Excellency purposes to travel
from Port Elizabeth, but we believe he may be expected
here between the 24th and the 28th of this month.
Yesterday's Gazette contains four letters from the re-
bel Pretorious, add' essed to the Boers, whom he hoped
to persuade to join him to the fullest extent in opposing
British rule; they are all dated prior to the memorable
action at Bloem Pleats.
The barque Mary, 'ledger, arrived here on Ist inst.,
on fire, with a cargo of coals from Londpn for this port.
The Mary had been in a critical and dangerous state for
several days, the coals having ignited. By the prompt
assistance of the boats from the Bucephalus and Agin-
court, and some fi,hing-boats, she was towed to the head
of the Bay and scuttled, the ignited state of the coals,
and the great heat in the hold, having precluded all hope
of saving the vessel by any other means. The fire hav-
ing been extinguished, the vessel was hove off, conducted
t.o the anchorage, and moored by six o'clock in the even -
'lig- The Port Captain speaks highly of the conduct of
Captain Eager of the Walter Scott the chief officers of
the Bucephalus and Agincourt, and of the cheerful exer-
tions of the men under their command, by which much
Work was done in so short a time.

ROYAL ARTILLERY.—WOOLWICH, DEC. 11:
Thirty-two fine young men, none of them under five
feet eight and a half inches in height, joined the head-
quarters of the reginaent here on Friday last, having
been enlisted at Lisurn, in Ireland. The whole of the
newly-formed companies of the 11th and 12th battalions
assembled on the guard mounting parade to-day, in
heavy marching order, under the command of Colonel
Cruttenden, With Adjutant Radcliffe.