The Sun.
London, England, 1846-11-14 00:00:00

COURT OF QUEEN'S BEIVCH, Nov. 13._

CHAMBERS V. THOMAS.—IMPORTANCE OF A FARTHING.
The defendant in this case agreed to receive 2,1001.
per annum in lieu of the tithes leviable on a cer-
tain parish, and by Acts of Parliament he was
empowered to distrain upon the property of
defaulters. The plaintiff owed 38/. 16s. 94d.
in this way, which was made up of numerous small sums,
each of which included a fraction. Two of these sums,
the first 31. 19s. 94d., and the sec )nd 3/. 19s. 10d.,
were incorrect, inasmuch as one was a id. too
little, and one id. too much, or an overcharge of
a single farthing. All the sums together, however,
made up the proper amount. Nevertheless, the plaintiff
refused to pay the demand, and a distress was put in for
the amount. He subsequently brought an action to re-
cover compensation for an illegal demand and trespass,
but the jury found for the defendant. A rule was after-
wards obtained, calling upon the defendant to show
cause why the verdict should not be set aide and a new
trial had. It appeared, however, that the plaintiff had
stated in a letter to the defendant that the only differ-
ence between them was the amount of the income-tax on
the amount levied.

The case now came on for argument.
Mr. Sergeant JONES and Mr. PEACOCK showed cause
against the rule on theground that the aggregate amount
was correct, that the distress was properly made, and on
the admission of the plaintiff with respect to the income-
tax.
Mr. CHILTON, Q.C., and Mr. CJWLING followed in
support of it. They held that the distress was only
levied with respect to the two sums mentioned, in
which there was an overcharge, and therefore
the demand, though apparently insignificant, was an
overcharge, and, in distraining for such an amount, Mr.
Thomas exceeded the powers vested in him by the Act,
and that the verdict must therefore be set aside.
The COURT did not think it right to disturb the deci-
sion of the jury, inasmuch as it appeared that the parties
understood that the aggregate amount claimed was cor-
rect, although there might be a fractional mistake in
some of the items.
The Judges all agreed in the decision.
The Court then rose.

COURT OF COMMON PLEAS, Nov 13.
BARRY AND ANOTHER V. NESFIAM AND ANOTHER.
The plaintiffs in this case were paper-makers, and the
defendants were alleged to be the proprietors of the
Newcastle Advertiser. The action was brought to re-
cover for paper supplied to the defendants. Louden, one
of the defendants, had suffered judgment to go by de-
fault. Nesham had originally been proprietor of
the paper, but had, as he alleged, sold it to
other parties, suffering part of the purchase
money to remain on mortgage. The plaintiffs,
on the other hand, contended that he was a partner. The
question entirely turned on the construction to be put
on the wording of the agreement between the parties at
the time Nesham ceased to be sole proprietor of the
paper. The case came on for argument in demurrer.
Mr. Sergeant Channel having been heard for plaintiff,
and Mr. Sergeant Talfourd for defendant,
The COURT gave judgment. The only real question
they had to consider was, whether the defendants, at
the time the goods were supplied, were joint partners
in the newspaper in question. The settlement of this
point turned entirely on the construction of the agree-
ment, and looking to its purpose, intention, and the object
to be realised, it appeared clear ts, th. u, iliac is
was o part-
nership extending over a period of seven years, unless
otherwise dissolved under the conditions named in the
document. Any one who stipulated for a portion of the
profits of a" concern must be considered liable to any
loss arising from the transactions necessary for the carry-
ing on of the undertaking. A contract stipulating for a
portion of the profits clearly created a liability for any
loss. Judgment must, therefore, be given for the plaintiffs.
GIBBS V. FLIGHT AND OTHERS.—THE PARISH OF
WALBROOS.

Mr. Sergeant MasonßD, on behalf of the defendants
in this case, was desirous of knowing whether judgment.
would be given on an early day. Considering the
painful position in which the parish of Walbrook was
placed, he trusted as little delay as possible would take

place.
Lord Chief Justice WlLDE—Judgment I expect will
be given in the conse of the present term.
PARRAT V. BERN ELEY.--THE BIRDII NCH ADI AND
BUCKINGHAM SHIRE RAILWAY.
This was an action brought by Mr. Parrett, the ad-
vertising agent, to recover from the Hon. F. H. Berke-
ley, M.P., the sum of 2001., for advertising the prospec-
tus of the Birmingham and Buckinghamshire Railway,
of which it was alleged defendant was a provisional
director. The plaintiff, not being in a position to prove
that the prospectus in which the name of the defendant
appeared had been issued by the officers of the company,
was nonsuited.

MARKET INTELLIGENCE.
(From the London New Price Current of November 13.)
SUGAR.--To-day the better qualities of yellow and grey
West India Sugar were much sought after, and the rates
offered fully equal to those previously current, but there was
only a small quantity on show, whilst inferior and brown
kinds met with a dull demand, although offered at a reduc.
lion on last Friday's rates of 6d to Is per cwt.
REFINEP.—To-day there was little business transacted by
the home trade in refined goods, notwithstanding brown
lumps could be obtained at 62s to 63s 6d, and standard
lumps at 64s 6d per cwt. Bonded Crushed Sugar sells much
more freely and at stiffer rates, first sort bringing 32s 6d to

33s per cwt.
Maustrrius.—lmporters have manifested firmness this
week, and refrained from bringing any to public sale; good
and fine yellow descriptions have met with attention, and the
parcels sold privately were at full rates.
EAST INDIA.—This afternoon Bengal Sugar met with at-
tention, and 3,094 bags at public sale were sold at 6d to is per
cwt advance for white Benares, and the rise on superior
grainy yellow was 6d, whilst all other kinds fully sustained
the former value.
FOREIGN.—AII kinds of Sugar available for home consump-
tion are held with firmness, none has been offered at auction
this week,. and the deliveries are still exceeding the arrivals. ,
There has been little inquiry after brown Brazil, but prices
remain at 40s to 445, whilst other qualities have been dis-
posed of to a fair extent at firm rates.
Comm.—This afternoon there was a stronger desire ma-
nifested to operate in Native Ceyh n, and 2,2 Ji nags at auc-
tion were chiefly sold at previous rates, bit not above.
SPlRlTEl.—lmporters of Jamair a uum, are not inclined to
submit to any reduction in the value, but all sorts have been
sparingly dealt in. Demerara has been sparingly dealt
in, but holders are unwilling to take lower rates.
Leeward Island has been in excellent request, and the sup-
ply being small, buyers are compelled to pay stiff rates.
East India is wanted, but the trade are not disposed to pay
any further advance, small as the supply is. There has
been less demand for Brandy this week and lower prices
have been taken for the older sorts, there being an increased
quantity on offer; but young kinds are held for the former
value. For British Spirits the demand is yet active. Eng.
lish Corn at ifs 3d, Scotch and Irish Ils 2d to lls 3d per
gallon. English Gin 17 under 108 3d, and 22 under 9s 9d.
TEA.--There has been an increased desire manifested by
the town and country trade to get supplied, and speculators
are turning their attention to both black and green Tea; the
tendency of prices is upwards, and there is a less quantity
offering for sale. That the market should have assumed a
more healthy appearance is not to be wondered at,
denudeswhu
it is
taken into consideration that all kinds are cheap, nthe cost of importation. The arrivals during the past ten
months exceede'd those of last year met,B2,ooolbs.
SPICES.—To-day black Pepper with little attenet,T,ans,
and the sound of 1,137 bags of Penang at public sal
auction sold at rather higher rates, 10 cases o
taken in. Nutmegs are wanted, and 13 case;
corovPea.enfaentcgheadt
2s for fine bright Penang.
has been shortly supp the
Mengel, although the market d t
RICE.—No improvement has taken place in the
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withoutoperatinga
havingnvlioimthemdoeremafnrdeedom. beenof
Java g o otdh,e
an
market" p-iosryeerts
oupply, and it is wanted. _
• r u
Fnurr.—Two public sales have taken place this week, con-
sisting of 83 butts 93 caroteels 51 barrels Pat as C r
rants,
the
damaged, all sold at 53s to 565. By private contract
transactions for all descriptions continue on a large scale—
Tarkey.Figs good and fine 56s to 85s. Valentias maintain
their price 465. Denis in baskets 345.
Ous.—There has been less activity in the market for
common Fish Oils this week, and prices have assumed a
downward tendency. Southern has met with little atten-
tion, and notwithstanding the scanty supply all qualities are
obtainable upon rather lower terms. Sperm has met with
little attention, and the tendency of prices is downward,
al though there is not a large stock. For Rape Seed Oil the
demand has fallen off, and prices have assnmed a downward
tendency. For Palm the market has become quiet, holders
have submitted to reduced rates. For Cocoa Nut the market
has become quiet, but in the value little variation has oc-
curred. Olive Oil has been largely dealt in, but no further
rise in prices took place. Linseed Oil is offered at further