The Sun.
London, England, 1833-01-14 00:00:00

HAWES V. FOSTER.

The SOLICITOR-GENERAL moved that the verdict for
the plaintiff in this case should he set aside, and either a
nonsuit entered or a new trial had. The case was tried
at the last Guildhall sittings. The action was on a war-
ranty under the following circumstances :—The defendant
was the vender of a quantity of oil, which was warranted to
arrive on or before the 30th June, and it was for a breach
of that warranty the action was brought. When the oil
was expected, the defendant employed Mr. Wright, a
broker, to sell it in May, IS3I, and to be delivered on ar-
rival, but if it did not arrive before the end of June the
contract was to be void. The broker entered into a con-
tract with the plaintiffs to sell them the oil, and in
his book made an entry of the conditions as he was
instructed by the defendant, 'to which he signed his
name, but in the bought note, which the broker
delivered to the plaintiff he stated that the oil was
v-arranted to arrive on or before the 30th June. Now the
question was whether the broker's book or the bought
note was to be the evidence of the contract. Formerly
the broker's book was the only evidence of contract, but
Lord Tenterden had laid down a different dicta. No so-
lemn decision had, however, been obtained upon the point,
and as it was a question of much importance—inasmuch
as if the verdict must stand the defendant would have his
remedy against the broker, it was desirable to have the
opinion of a full Court. Another point was, it did not
appear that the defendant was privy to the contents of the
bought note.
The LORD CHIEF JUSTICE said the question was of great
importance to the Court, and he would grant a rule Nisi.

BAIL COURT.-(THIS DAY).

MALINE V. KERSII.

This was an action on an attorney's bill fir 81. 2s. Sd.,
for business done for the defendant, a hatter. The amount
of the bill was proved. The defence was that the de-
fendant was to settle with the plaintiff's clerk, wbo owed
him 111. for hats ; but it failed, and the Jury found for
the plaintiff, deducting three guineas for two hats supplied
to him, for 41. 19s. Sd.

COURT OF EXCHEQUER.-(THIS DAY.)

FOWLER V. DAVIS.

This was an action tried before Mr. Baron Bolland at
the London sittings of the last term, when a verdict was
found for the plaintiffs—Damages 1,6421.
Mr. RICHARDS this morning applied for a rule to show
cause why that verdict should not be set aside and a new
trial granted, or the verdict reduced to 5371., on the fol-
lowing grounds:—
The plaintiffs were large iron-founders near Waterloo.
bridge ; the defendant, Mrs. Ann Davis, widow of the
late Mr. Jonah Davis, who was also an iron-master at
Tipton, in the county of Stafford. Mr. Davie, in his life-
time, had entered into a contract with a French company, for
the due performance of which the plaintiffs were guarantee.
They had also made advances of inoneyto him, in order to
fulfil it. 311.. Davis died very suddenly in France at the
time. owing to the plaintiffs upwards of 2,000/. The
present defendant entered into the business and completed
the French contract, also receiving assistance from the
plaintiffs ; he believed the verdict was made tip in the
following manner : 1,557/. the debt, and 75/. odd paid
by them to their own attorney. Why Mrs. Davis was to
make that good he did not know, and 6/. 6s. paid to a
Mr. Galloway. These latter aunts he disputed, and now
wished the Court to strike out, in the event of his being
refused a new trial. After the death of Mr. Davis the
plaintiffs received, on account of the defendant, a sum
of money amounting to 1,000/., and they also drew on the
French Company two bills to the amount of 1,0061. also
upon the account of Mrs. Davis. The question was, were
they justified in placing those sums to the old account, and
leaving the debt she had herself contracted unpaid. He
(Mr. R.) contended that they were not, for they did not
prove any authority given them by the defendant for that
purpose, further than that the son of the plaintiff went
down and exhibited some accounts made out in that way,
to which she did not object ; but it was also proved at the
trial that she was a woman of no more education than
being able merely to write her own name. The case
had already been twice before the Court ; once it was
referred to a gentleman at the bar, which satisfied every
one, but fortunately for the gentleman, though unfortu-
nately for his clients, he received a high appointment in
India ; so the case was not finished.
Mr. Baron BOLLAND was of opinion that the Court
could not form an opinion on the cose without seeing the
documents produced at the trial. Therefore the justice
of the case required that a rule .Nisi should be granted.
The rest of the Court agreed.—Rule gra:ate&

The LORD CHANCELLOR has issued cards
for a dinner party on Friday next, in Berkeley-square.
Earl GREY will give his first grand dinner to-
morrow, in Downing street. Prince Pozzo no BORG°,
the Cabinet Ministers, and the Foreign Ambassadors are
invited. The Noble Earl and the family have come to
town, from Sheen, for the season.
The play at Hatfield-houn will be Richard
the First ; the performers 52, and all amateurs.
The eldest son of Mr. LONG WELLESLEY is
gone to visit his father at Calais.

Letters were received on Saturday last, from
the Castle in Dublin, announcing that the Marquis of Art-
GLESEA and his family would be in London in 10 days.
We have been informed that it is in the contem-
plation of Government to send ten regiments of English
militia to Ireland, two regiments of cavalry, and two
regiments of the line, and a proclamatio❑ will be issued
forthwith to suppress the " Volunteer Association," as it
is called, which bas been pronounced illegal and dangerous
to the State. The agitation produced in Ireland by a
turbulent and designing faction, requires prompt and ener-
getic measures on the part of the Government, to save
that unfortunate country from the anarchy and confusion
that trust inevitably ensue, if the ambitious demagogues,
who are imposing on the ignorance and weakness of a
large portion of the people, are not immediately stopped
in their illegal career.