The Sun.
London, England, 1846-06-13 00:00:00

SMITH V. KING.

The plaintiff in this action is a builder in Took's-court,
Carey-street, and the defendant is a baker in Marlborough-
road, Chelsea. The plaintiff's demand was for 131. IGs. for
work and labour.

On the part of the plaintiff it was shown that an agreement
had been entered into between the parties that the plaintiff
should do certain work for the sum of 501., but that the de-
fendant wished alterations to be made from the original
plan, for which the plaintiff charged 9/. 18s. It
was admitted that 46/. 2s. had been paid on ac-
count, and that a small portion of the work was left
unfinished, the defendant having set other persons
on the job ; this portion of the work, however,
was estimated at eight
villy. tho toorttwarzs.) it
was contended that the defendant was bound to lay out 50/.
on the house, and plaintiff knew it, and agreed to do the
whole of the work for that sum; and, in fact, it was not
worth more, and that, having been paid a part, plaintiff
agreed to take the rest out in goods. Nineteen shillings was
paid for the work left unfinished, and money was advanced
to plaintiff to pay:the surveyor, and bread supplied to his
men beyond the amount of 501.
The Learned JUDGE said the case depended almost en-
tirely on the memory of the witnesses on each side. It was
a great pity that tradesmen entering into such agreements
did not reduce them into writing.
The jury gave a verdict for the defendant.

BANKRUPTCY.---(THIS DAY.)
Before Mr. Commissioner FONBIANQUE),
IN RE ITARLOW.

This bankrupt, who had carried on an extensive business
as a tobacconist and cigar dealer, came up to pass his last
examination. He was supported by Mr. Lawrence. It ap-
peared from his evidence that he had formerly been in
business, and was insolvent at that time, owing a Mr. Fryer
a sum f about 1,5001. Mr. Fryer afterwards opened the
shop and put in the bankrupt as his agent, and he continued
so from 1841 to September last, when Mr. Fryer said
that he had lost so much that the bankrupt must
take the business on his own hands, and he required
him to sign a warrant of attorney to pay Si. a week
to pay off the 1,5001., a new debt, and said unless he did so
lie must go out. Bankrupt had ordered goods before he
took to the business to the amount of 100/., but finding he
could not go on, he countermanded that and other orders.
The Learned COMMISSIONER said Mr. Fryer must know
that he could not prove for the former debt.
Mr. NicnoLLs said he should submit that Mr. Fryer was
not a creditor at all. He had allowed goods to be ordered
and sent in in his name and to his shop, although the bank-
rupt's name was afterwards put up on the license board.
The COMMISSIONER said that nothing appeared to prevent
bankrupt passing his last examination ; his accounts were
reported perfectly satisfactory.

SPORTING INTELLIGENCE.
(RECEIVED THIS DAY.)
TENBURY RACES.—TttuusnAv.
The West Worcestershire Handicap Sweepstakes of 10 Boys.
each, li ft, with 40 added, the second to save his stake.
Two miles. (8 Subs.)
Mr. Parr's Slipshod, 7st 10lb ....................... (Francis) 1
Mr. Raworth's Kilgram, 5 yrs, Bst 121 b 2
Mr. Jones's Sailor, aged, Bst 3lb ........
Mr. Knight's The Jolly Beggar, 5 years, Bst 41b 4
Mr. Shepherd's Mudlerk, aged, Bst 51b 5
Won by a length.
The Tally-ho Stakes of 5 sovs. each, with 20 added, the
second saves his stake. Heats, one mile and a quarter,
over three hurdles. (6 Subs.)
Mr. Herbert's Shipmate 5 yrs, lOst 71b (Turner) 4 1 2 1
Mr. Scott's Adrian, ageil, list 91b 5 2 1 2
Mr. Williamson's Thurgarton, 5 yrs, lOst 71b 1 3 3 3
Mr. Powell's Crack man, aged, 11st
Mr. Palmer s The Bird, aged, lOst Illb ... 3 dr.
Mr. Walker's Graduate, 5 yrs, lOst 716 6 dr.
The Witley Stakes of 3 sovs. each, with 20 added, the
second to save his stakes, two miles (4 subs.), were won in
two heats by Mr. Parr's Slipshod, 4 yrs, Bst 4lb (Francis),
beating Mr. Kitten's Beggar•girl, 6
yrs, 9st 41b, and Mr.
Davenport's Chester (late Step-and-Fetch-it), 4 yrs, Bst 11 ib.
The Selling Stakes of 3 sovs. each, and 15 added, the second
saves his stake. Heats, one mile and a quarter. (9 Subs.)
Mr. Jones's Charity, 6 yrs, lOst 41b (Turner) ... 4 1 1
Mr. Walker's Tipton Maid, 5 yrs, lOst
Mr. Pearce's Florine, 4 yrs, 9st 31b 6 6 2
Mr. Palmer's The Bird, aged, lOst 4lb
Mr. Thrift's Glideaway, 5 yrs, 9st 21b
Mr. Tranter's Boa, 4 yrs, Bst 81b
Mr. Taylor': Linnet, 3 yrs, 7st 111 b
Mr. Morgan's firewood, aged, 9st 61b 3 8 dr
Mr. Davis's Mermaid, 6 yrs, 9st 11Ib 5 7 dr

VISIT OF PRINCE ALBERT TO LlVERPOOL.—Prepa-
rations on a most extensive and magnificent scale are proceeding
with is Liverpool for the reception of Prince Albert, on the occa-
sion of his Royal Highness's visit to that important port, to lay
the foundation stone of the benevolent institution to be called " The
Sailor's Home." The beautiful marine scenery on the banks of the Mer-
sey will no doubt elicit the admiration of his Royal Highness, and it is
anticipated that he will avail himself of the opportunity afforded hint
of viewing the new town and part of Birkenhead and the fine
scenery from Waterloo Crosby. We perceive by an advertisement
that that elegant and commodious hotel, " the Royal Waterloo," at
Waterloo, has been opened for the season by Mr. H. S. Hewitt, for-
merly of the Adelphl, Manchester.

IMMENSE STEAM FACTORY. The central part
ht of the lower story 13 feet, of the other
I,sf
nowth the Portsmouth
up(.
m Thee c a icie)
nsttreea steam factory,art is to
wings five tories. He g thbiegthl,otnigi
e,
be s
stories 12 feet. The length of the front will be 504 feet, or about a
iiexh sitso r2ioe4s
tenth of a mile. There will be about four acres of flooring in the
factoty. Number of spindles, 50,000; number of operatives 1,200 to
1,500. In the rear, two parallel buildings, two stories high, will be ex-
tended 800 feet back, front the junction of the main building
with the wings ; and between those buildings, 50 feet from the main
structure, the boiler house is to be erected. The foundation of the
chimney, which is to be 140 feet high, is laid, and is in progress of
erection. A gentleman who has been travelling the last year, in
pursuit of information respecting manufacturing establishments, and
who has visited more than a thousand factories, informs us that the
I tr_;est factory building he has seen or heard of is at 31ancliester, in
this state, which is 4-10 feet in length. There is no factory in England
to compare with it for size.—Arnerican paper.
HOMEWARD-BOUND INDIAMEN.—SeveraI large vessels
passed up Channel on Tuesday, having been delayed by easterly
winds and calm. The ship Vernon, Captain Voss, from Calcutta,
with a cargo of sugar and silks, landed 15 passengers and some letters,
at the Brighton Customhouse, by the Eagle pilot-boat, of Deal.
The Carnatic, Captain Ilyne, from Bombay, landed a few letters.
The liydrabad, Captain Harrison, from Calcutta and Jamaica,
landed several passengers by the Twin, pilot-boat, of Dover. The
Mountstewait Elphinstone, Captain Rotten, from Calcutta, bound to
London, also landed passengers.
EARLY DELIVERY OF LETTERS.—On Wednesday
night a notice, of which the following
is a copy,
was put up in the
letter-carrier's branch of the Inland-office
:—" His Lordship the Post-
master-General has given directions to stop the admission of
letter-
carriers
subscribers to the early delivery, and to forbid the
to receive such upon pain of dismissal.—June 10, 1846."
" The head of Lecomte," says one of the Paris
journals, " has been examined by:the phrenologists. It presents the
external formation which, according to Gall and Spurzh eim Indicates
a propensity to murder. The forehead is depressed, the posterior j
part of the head is strongly developed, and the ears are large."