The Sun.
London, England, 1846-06-19 00:00:00

(The case was proceeding when our reporter left.)

EXCHEQUEtt.-(THIS DAY.)
(Sittings at Nisi Prius, before the Loan CHIEF BARON and
Common Juries, at Westminster.)
CLARKE V. HENLEY.

This was an action brought to recover some uncertain sum
of money, less than 571.45.
Mr. Bramwell appeared for the plaintiff, and Mr. Lush for
defendant. _

It appeared that the defendant carried on business at Chel-
tenham, in stationery and other articles of a miscellaneous
kind, and that he had had numerous transactions with the
plaintiff in this case, who supplied him occasionally with
goods, which were sent from Warwick lane to
the Bull and Mouth, and forwarded from thence
to his address in the country. The correspondence
commenced in the year 1840; and, after being interrupted in
the two succeeding years, was again renewed in 1843, and
has eontinued down to the present time. It was admitted, on
the part of the plaintiff, that his books were in such a state as
not to show the exact sum which the defendant was in-
debted to him.

Mr. Lusit, for the defendant, put in several post-office
orders paid at Cheltenham in favour of the plaintiff; and
the defendant being the only correspondent which he
had in that town, these orders had of necessity
been remitted by the defendant. They amounted
together to upwards of 39/, and this sum with a 51. note,
which the defendant had paid, and two disputed items of
the account being struck out, left no balance which the
plsintiff could now claim.
The LORD CHIEF BARON said that the case was one
which should have been decided by an arbitrator; and it
was extremely wrong to consume the public time by ex-
amining long and confused accounts which, after all, in such
a case as the present, could not lead to a satisfactory de-
cision.

The Jury, without hesitation, returned a verdict for the
defendant.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner GOULRUILN.)
IN RE JOHNSON AND MANN.

To-day was appointed for declaring a final dividend under
the estate of these bankrupts, who were bankers at Romford,
and Aldgate, Whitechapel.
Mr. BATIIT, of the firm of Bathe and Bingley, appeared to
prove for an account for engraving notes, and cheques for
the bank. He said that when the failure took place, the
bankrupts wrote for the account, but it appeared they had
not inserted it in the balance-sheet.

The Co3tmissioNEß—How came you to drive it up to the
last hour? The fiat was issued two years ago. There has
been a dividend of Gs. in the pound, and the present one is to
be final.—Mr. BATHE said they had had so many other
things.
The COMMISSIONER—Such things as these ought not to be
driven off.

The bankrupts not being present to explain, the Learned
COMMISSIONER said- be—could not 'admit the proof uncorro-
borated, nor did he feel disposed to assist persons who left
sup i matters to the last, and he must reject the proof.
Proof to about 701. was admitted.
The dividend will not be more than 210. in the pound, and
Will be payable in a few days.

SECONDARIES'.—(THIS DAY.)
(Before Mr. Secondary Jamas.)
DAWES V. FAGG.
The plaintiff in this action sued by her next friend to re-
cover the sum of 51. 55., for services rendered. The de-
fendant is patentee of carpets, and has a manufactory at
Holloway—he denied kis liability.
From the facts it appeared that the plaintiff was the grand-
daughter of one of the workmen in the factory, named Jen-
nings, who in 1842 introduced her into the place, where she
continued for about two years; but, according to Jennings's
evidence, he then took her away because he could not get any
money, but, one of the foremen sent him a guinea
on account ; after seven weeks she went back again, under
an agreement to be paid 9s. 6d. a week, which she received
up to the time she finally left, in March, 1846. Nothing was
then said as to any arrears, and one of defendant's foremen
swore that he told Jennings the girl was not there on de-
fendant's account, but might stay to assist Jennings, and she
should be taken on as soon as the patent was in work,_ and
she was wanted. She had, however, been occasionally set to
light the fire and other little jobs.
The SECONDARY said it was a
lrulle
law, that when wages ?were paid regularly el ]aid y down
should
in p
resumption should
to the termination of the agreement, however,
be that everything had beeneeraidn't.ailiny dtihsitsinecatse'hiring, and
there did not appear to have been
ms doenntthasn demanded wulhdensintlicee
probably the guinea spoken of was given by way of gratuity.
It was curious that no
parties left, and also
settlement m
elfifteenit wa
have elapsed before law proceedings were brought. The jury
whether there bad been any engage-
would, however, say
meat, and what were the value of the services.
The jury found for the defendant.

Sir Jam" Graham, we hear from good authority,
wimmediately elevated to the Peerage by the title of Lord
Preston. be
e.,,t(;,. This looks as if his friends are going out of office.
Lord Francis Egerton is, we understand, to be elevated
to the peerage by the title of Lord Ellesmere.
A RCHDEACONRY OF BRISTOL.--The Venerable Arch-
deacon Thorpe intends holding his next visitation according to the
following arrangements :—July 9, at Bristol ; July 10, at Chipping
Sodbury ; July 13, at Chippenham; July 14, at Maltambury JttLY
15, at srriutltra; July 16, at clracest4r,