The Sun.
London, England, 1848-01-18 00:00:00

Birmingham. In 1845, the defendant was the allottee
and holder of a banker's receipt for 50 shares in the
Toronto and Lake Huron Railway Company, which
he sold through the instrumentality of a stock broker
to the plaintiff at par. The defendant, however, upon
signing the contract deed neglected to hand over the
scrip certificates to the plaintiff; and the consequence
was, the plaintiff, having sold the shares at three- eighths
premium, was compelled to purchase other 50 shares
at the same premium, in order to be in a condition to
complete the contract, and the present action was
brought to recover from the defendant 121. 103., the
price at which he agreed to sell his fifty shares—the
three-eighths premiumlwhich the plaintiff had paid on
the second purchase, and the broker's commission for
negotiating the purchase, the three items amounting
in the whole to 341.
For the defence it was contended, first, that the
sale was not legal, inasmuch as at the time it was
made the company was not completely registered ;
and, secondly, that at the time the plaintiff made
his second purchase the share certificates had not
been issued, and therefore it was impossible the de-
fendant could deliver them.
Evidence was adduced to prove that the certificates
were not issued till subsequent to theZdate of the
second purchase, and that immediately after they were
issued the defendant tendered his certificates, together
with a deed of transfer, to the plaintiff, vs ho refused
to receive them.
Mr. Justice COLERIDGE said it was for the jury to
decide whether the certificates were tendered within
a reasonable time after they were issued.
_

The jury decided in the affirmative, and
The LEARNED JUDGE directed the verdict to be
entered for the defendant, on the plea of illegality as
well as upon the plea of tender.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
ENTWISLE AND OTHERS V. DENT.
The LORD CHIEF BARON gave judgment in this
case. The Court considered that the verdict for the
plaintiff for the full amount claimed ought to be re-
duced ; but, instead of making the rule absolute, he
thought it would be better for the parties to appear
before the Judge and arrange as to what amount the
verdict should be reduced.
Sir F. KELLY suggested that the Court should
settle the amount, as that would avoid considerable
difficulty which might arise between the parties.
The LORD CHIEF BARON thought that the Learned
Counsel was only anticipating difficulties which might
not arise.
The COURT would not interfere further in the
matter, and declined to make the rule absolute.

ATTORNEY-GENERAL V. SIMPCOX.

The COURT delivered judgment in this case. The
question raised was, whether certain lands demised
by will to trustees for the benefit of certain parties,
which were either to be divided, in the discretion of
the trustees, in certain portions to the respective
parties, or be sold, and the proceeds thereof divided,
was liable to pay the legacy duty. The Court were of
opinion that the duty was payable, and the judg-
ment must, therefore, be for the Attorney-General.

COURSE OE EXCH.
dmst,:ntam 12 6

LN GE.-(THIS DAY.)
311pra1tar..•• ..•• •• •• •• -7
Leghorn ....•• •• •• •• •• 31 3^
Genoa ................26 16

Ditto, at sight • • .... 12 3
Rotterdam • • • 12 6
lintsverp .... 26 7%
gamburgh ......M.B. 13 15.
Paris, 3 days' sight .. •• 25 65
Ditto, . • •
Marseilles •••••• • • •• 26 7
nourdeaux.....• •.. 26 7%
Frankfort on Maine.... 123%
Pete•rsburgh, Sil. Rblo .•

Venice.. .••••• • • • • • •
Palermo, per 0z........
Lisbon.. ...... ........
Rio Janeiro • .
Bahia ................
Buenos Ayres .. . .
New York, 21 days' sight
Philadelphia .... • • ....

Vienna, effec. tio•• .. •• 10 l'
Trieste, ditto.... .• .... 10 20
Madrid •• ..•• ........
Cadiz • • • ..
Barcelona

PHICE-8 OF BULLION, PIE Or.
Foreign Gold in bars../3 17 9
New Dollars . • .... 0 4 9?4
Portugal Gold Coin •• 0 0 0
Spanish Doubloons .. 0 0 •
3llverlnbars......•• 0 4 11

5avi11e................

MARKET INTELLIGENCE.

; From the London New Price Current of Jan. 18.)

StroArt.—To-day importers of Raw Sugar manifested
more firmness, and there was a falling off in the supply
of all kinds at market. The home trade were desirous
to do business, and there was likewise more inquiry
from exporters. An improvement in the value of most
kinds took place. All kinds of West India Muscovado
were in excellent request, both for the scale
and refining purposes, whilst the rates obtained are 6d
to Is percwt above those of Friday. The private sales
amounted to 1,000 hhds, and would have been upon
a larger scale had holders taken last week's quotations.
At public sale 102 hhds of Barbadoes went off went off
with moue briskness, and an advance on former rates of

6d per cwt.
I:EBINED.—Today the purchases in refined goods by
the home trade were limited, and the progress of prices
is downwards, brown grocery lumps selling at 535, and
standard lumps 53s 6d to 545. Bonded Crush Sugar is
dull of sale, and the best is offered are offered at 30s per
cwt. Fur Loaves there is less demand.
FoREIGN.—To-day a fair amount of business was
concluded privately iu Foreign Sugar, and in some
cases stiffer rates were obtained, but the demand was
chiefly confined to grocers and refiners working under
bond. None was submitted to public sale, and privately
there is a less quantity on offer.
EAST INDlA.—This afternoon Bengal met with little
attention, and which was to be attributed to prices
running above those current for other sorts of sugar. Of
3,542 bags offerdd at public sale a part only found buyers,
yet lull rates were obtained.
MAURITIUS.—This afternoon there was no public
sale of Mauritius Sugar, but privately several parcels
were taken, and the sates obtained are rather above
those that existed previously. The cnief holders decline
th sell for the present.
COFFEE.—To-day there was more desire manifested
to operate in Plantation Ceylon; holders insisting upon
rather higher rates checked business. Of the parcels
offered at public sale, amounting to 116 casks 270 bags,
a small part only found buyers. Native is more in de-
mand, and realises better prices, good ordinary
selling
at 32s 6d to 33s per cwt.
TEA.—To-day the market was in a quiet state for
Tea, but on the part of holders there is firmness, and
full rates were obtained. For public sale on Thursday
the quantity declared is 10,000 pkgs.
SPIRITS.—To-day the market for Rum was firm, but
there was a material falling off in the demand ; proof
Leeward, however, could not be obtained under Is 7d,
and East India is 6d per gallon.
Rim—To-day there was no public sale of East India
Rice, but the prirate purchases made were of little
moment, still holders declined to take lower rates.
SAGO.—The better qualities are more in request, and
prices are firmer ; 30 boxes at public sale realising '2ss
to 26s for tine small white pearl. There are sellers of
the lower kinds at previous reduced rates, but few buyers
are to be met with, and 384 boxes at public sale taken in
at 17s for middling small pearl. Arrow Root is in large
supply, and must again be quoted a trifle cheaper. Of
170 pkgs offeued at public sale, a small part only sold.
FRUlT,—Raisins are wanted, and the stock being
small prices rule firm, Valentia at 33s to 40s, and Denia
in baskets 30s to 31s per cwt. Currants are less in re-
quest, holders, however, are firm, ar,d insist upon late
rates. The chief part of the stock of Fruit is of inferior
quality, and out of condition.
TALLOW.—The market for Russian has assumed a
firmer appearance, and on the spot large purchases have
Le". been made by the town and country trade, whilst prices
advanced to 46s to 46s 3d for fine P. Y. Caadle. For

delivery in February and March, the operations
are upon a more extended scale at 45s 9d to 46s
ad
, per cwt, but for the last three months of the
year few buyers are to be found, whilst sellers
would accept 41s to 41s 6d. For home made the
demand is more active at 47s to 48s net cash, but there
is a fair supply. Other kinds are in brisker request,
and a rise in the value is apparent. At public sale 174
pkgs of South American sold at 41s 6d to 52s 6d ; 790
casks New South Wales, good and fine 43s to 48s, low
and middling 38e to 426 6d ; 2.53 casks of first sort
P. Y. Candle stranded 43s 9d to 44s 9d per cwt. For
auction 500 casks of Tallow are declared.
Oies.—Southern has been much enquired after, and
stiller rates have heel] offered, but the supply of all sorts
is scanty. The rates paid have been 301. to 33/. for good
amid fine, and 27/. to 291. for common and middling. At
auction 16 tuns of very ordinary dark went at 221 to
241. 10s. In Cod many purchases have been made.
Seal met with attention, whilst on the part of
holders there is firmness, and a good business has
been concluded. At public sale 18 casks went 1
at 24/. 15s. to 261, for brown and yeHow. Sperm
is wanted, and previous improved rates are well
supported, while the supply is less plentiful. At auction
21 tuns fetched 801 to 82/ for good and fine quality, upon
which terms several parcels have been sold privately.
Cocoa Nut is brought more freely to market, and a
decline in the value is apparent, 277 packages of
fiHe quality at public sale selling at 58s to 60s
per cwt. In Palm Oil a good business has bees
tiune
Rapeseed
at
po2enessseuefr :dry
consumption
ni
le ,
concluded 29 privately, but upon rather lower terms, and
ii
wesnits the highest quotation. At public sale 66 tons
and at 27s 6d to 28s per cwt for
good •
, qualtty, the market is still well supplied, but
upon a larger scale continues to be satisfactory.
rather lower rates, For
n Olive several improve-
ment to notice in the value
purchases made by the hom
demand existing. I
. the purchases may have been
IT:iensuence of holders accepting
Linseed. there is no ,
notwithstanding the large
v etrrealdpe
u,
raenhda
sae
sf ahiary eux6oeoernt
made, and the deliveries ill exceed the arrivals, yet
prices do not improve.

THE LONDON GAZETTE.
(Tins EVENING.)

Commission by the Lord-Lieutenant of Merionethshire
H.,yalMerionethshire Militia—Edward Barker, ent.:
to be Second Lieutenant, Aug. 12, 1847.
Commission signed by the Lord-Lieutenant of Notting.
ham shire.
Royal Sherwood Foresters, or Nottinghamshire Re.
giment of Militia—Thomas Need, Esq., to be Captain,

8.
Commissions by the Lord-Lieutenant of Southampton-
shire.
North Hants Yeomanry Cavalry—George Sclater,
Gent.,
to be Cornet, vice Allen. deceased, 1/cc 28.

BANKRUPTCY SUPERSEDED.
John Nash, coachmaker, Taunton, Somersetsture.
BANKRUPTS.
Thomas Williams, licensed victualler, Jennyu-streol