The Sun.
London, England, 1846-11-07 00:00:00

WYLD V HOPKINS.

This was an actio❑ in which the plaintiff Mr. Wyld,
of Charing-cross, sought to recover the sum of 7tll/. 55.,
for gods sold and work done on behalf of the Pett r -
borouoh and Nottingham Junction Railway, in which
the defendant was a member of the railway committee.
A verdict was given for the plaintiff for the amount
claimed.

Mr. WATSON now moved for a rule to show cause why
a new trial should not be had, on the ground that the de-
fondant had never attended a meeting of the committee,
that he had never been summoned to do so, and that he
took no part whatever in the management of the com-
pany's affairs, they being wholly conducted by a com-
mittee of management, of which the defendant was not a
member, and further, that the orders given to the plain-
tiff, hnd been given by the solicitor, who had the getting
up of the company.
The LoRD CHIEF BARON seid, that in his opinion,
that this was one of the most naked cases, with reference
to the subject of provisional committeemen that had come
under his notice. The solitary fact shown in evidence
was that the name of the defendant appeared in the
printed prospectus of the company.—Rule granted.
IN THE CASE OF BANKS V. HILL.
The grounds of this case were similar to the case of
Banks v. Good, reported in The Sun of yesterday; and in
which a verdict was also returned for the defendant. On
the part of the plaintiff the Court refused an application
by Mr. Watson for a rule for a new trial.

COMMON PLEAS.-(THIS DAY.)
(Sittings in Banco.)
WYNCH AND OTHERS V. HAMILTON AND OTHERS.-
BREACH OF CONTRACT.
Mr. MARTIN moved for a rule to show cause why the
verdict in this case should not be set aside and a new
trial granted, or why judgment should not be arrested.
The action, which was one of considerable importance,
was tried at last Liverpool Assizes, before Mr. Justice
Cresswell, and a verdict given for the defendants—
damages. 7901. 14s. 3d. The plaintiffs were owners of a
ship, and the defendants had chartered for a vessel, the
Mary Wynch, to go out to the coast of West Africa, for
a cargo of guano ; and, in the failure of obtaining that,
to sail, under certain instructions, to Rio and Bahia, for
a cargo. The action was brought to recover the amount
of freight, which was refused, on the ground of non-ful-
filment of the terms of the contract. The defence was
that the captain had opened the sealed instructions given
him in the wrong latitude ; that he did not make proper
inquiry, according to the instructions, for guano ; and
that he sailed to Bahia, and from thence to Europe, in a
manner and time not warranted by the charter-party. This
was denied, the plaintiffs affirming that any tailure of
the expedition arose from the inability to obtain guano,
and the imperfect nature of the instructions. The
Learned Gentleman went on to show that the defendants
had done all that was required of them by the charter,
and that the failure had been occasioned by the
captain of the vessel neglecting the express instructions
given him. This was the point left to the jury, and if
the instructions were read, and the evidence consulted,
it would be found that he had failed to carry them out in
many essential particulars.
Rule granted, with instructions that it be made a
special case.