The Sun.
London, England, 1846-06-20 00:00:00

COURT OF EXCHQUER, June 19.
'gittings at Nisi Prius' before the LORD CHIEF BARON and
Common Juries, at Westminster.)
CLARKE D. HENLEY.

This was an action brought to recover some uncertain sum
of money, less than 571. 4s.
Mr. Bramwell appeared for the plaintiff, and Mr. Lush for
defendant.

It appeared that the defendant carried on business at Che,

tenhaiii, 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 continued 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. Lussi, 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 391., and this sum, with a W. note,
which the defendant had paid, and two disputed items of
the account being struck out, left no balance which the
plaintiff could now claim.
The Loup 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 •
_ _

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

COURT OF BANKRUPTCY, June 19.
(Before Mr. Commissioner GoutnuaN.)
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. lis.s.-ripE, 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 COMMISSIONER—HOW came you to drive it up to the
last hour? The fiat was issued two years ago. There has
been a dividend of 6s. 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 °IL
The bankrupts not being present to explain, the Learned
Comalassioxxn said he could pot admit the proof uncorro-
borated, nor did ho feel disposed to asiist persons who left
such matters to the last, and he must reject the proof.
Proof to about 701. was admitted.
The dividend will not be more than 214 d. in the pound, and
will be payable in a few days.

SECONDARIES' COURT, June 19.
(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 his 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 anv
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
ap 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 rule laid down in
law, that when wages were paid regularly every week up
to the termination of the agreement, the presumption should
be that everything had been paid. In this case, however,
there did not appear to have been any distinct hiring,ral uTntyd.
probably the guinea spoken of was given by way of
iptarwtiaess lcuerfito,usatnhdat
alsono setthtaletmefinftt e
ewna s
monthsdem anded
shouldwheng
sincethe
have elapsed before law proceedings were brought._e
would, however, say whether there had b
ment, and what were the value of the services.
The jury found for the defendant. anyTenhegjaugtey:

RICHMOND RAILWAY (KEW
BRANCH) COMPANY.
A special meeting of the above Company tcok place yester-
day at the London Tavern, in order to consider the pro-
priety of proceeding with a Bill now pending in Par-
liament, intituled " ♦ Bill to alter, and amend, and enlarge
the powers and provisions of the Richmond Railway Act of
1845, and to enable the Company thereby incorporated to
make and maintain a railway from Jortlake, in the county
of Surrey, to Kew, in the said county."
At one o'clock the chair was taken by William Chadwick,
Esq. Resolutions approving of the Bill were proposed and
unanimously adopted.
The CHAIRMAN announced that the railway would be
opened between the Bth and the 15th of the next month.
The meeting then separated.

LLOYD'S SHIPPING.
LONDON,` JUNE 19.—Wind N.E., light airs, and sultry weather.
DEAL, JUNE 18.—Wind E.N.E.—Arrd. )7. Patience, Stenman,
Trapani, ankl sld. for Gottenburg. 18. Batavier, Batavia, and std.
for Amsterdam. Sid. Sophie Elizabeth, Rio Janeiro. Arrd. from
the Itivtr and sld., Anna Robertson, Munro, Cape of Good hope and
Madras ; Orestes, Festwick, Ceylon : Ruby, 2.lay, St. Kitt's ; Emily,
Macey, Quebec.
SOUTHAMPTON, JUNE 18.—Arrd. Forth steamer, Chapman, West
Indies, left St. Thomas's 30th ult., and Fayal 12th inst.
FALMOUTH, JUNE 18.—Wind E., fresh.—Arrd. Bertha, Bonny.
PENZANCE, JUNE 17.—Wind E.-19. Arrd. Jane, London for Li •
verpool, with loss of bulwarks, stanchions, &c., having been in
contact.

NEWPORT, JUNE 18.—S1d. Ajax, Starkes, Boston.
LlvxitrooL, JUNE 18.— Wind S.S E., moderate.—Sld. 17th, Ren-
shaw, Taylor, Rio Janeiro ; Columbia, Rathbone, New York;
Confederation Argentina, Vucassorith, Rio Janiero ; Reliance, Bed-
ford, Arricati.
TmovicK, JUNE 15.—Wind S.W.—Arrd. 14th, Notra Senora del
Carmen, Gaueea, Santander.
CLYDE, JUNE 14.—Sid. Thalestris, Niel, Antigua.
OFF PENZANCE, JUNE 15.—Agostina, Volum, Launceston.
GALWAY, JUNE 13.—S1d. Chieftain, St. John's, New Brunswick.
BELFAST, JUNE IG.—Sid. Treasurer, Smith, Qutbcc.
SUNDERLAND, JUNE 18.—Slci. Orb, Rack•ey, Quebec.
LOWSTOFFE, JUNE 18.—The Amulet, Fenner, ran upon the New-
come :quid last night, and remained, but has since been assisted off
without damage, and will proceed.
YARMOUTU, JUNE 18.—The Jane, Stevens, of I.7lverstone, from
Dublin to Hull, got on the Scroby Sand this morning, but was
assisted off without damage.
KIREWALL, JUNE 15.—The Ariadne, Stevens, of Arbroath, from
Medan to Tron, has been brought in here leaky.

LA W IN TELLICIENCE.
COURT OF QUEEN'S BENCH, June 19.
(Sittings at Nisi Prins, before Lord DEN3Lur and a Common

Jury,)
NVTLD V. LEAHY AND ANOTHER.
This was an action brought by Mr. Wyld, the geographer
and engraver, of Charing-cross, to recover the sum of 5161.
19s. 5d., the balance of an account due for preparing and
executing the plans and sections of the Great Munster Railway.
Mr. Crowder and Mr. Sergeant Allen appeared for the
plaintiff ; Mr. Martin and Mr. Phinn for the defendants.
Mr. CROWDIR stated the case for the plaintiff,
who, he said, was the well-known and highly
respectable engraver of Charing.cross; and the object of the
action was to recover from the defendants, who were engi-
neers, residing in Dublin, the sum of 5161. 19s. sd. bein,_
the balance upon an account of 1,2004, incurred 'for the
completion of the plans and sections of the Great Munster
Railway. The order was given last summer, and an under-
standing was come to as to the cost of the work, but from
the delays that took place on the part of the defendants in
supplying the plans and sections to be engraved, and the
fact that the greater portion of them had to be executed
within a very short time prior to the 30th of November
last year, when the prices paid to operative engravers
was enormously high, the expense was much increased be-
yond the original amount specified. 700/. had been paid on
account during the progress of the work, and this the de
fendants alleged was quite enough to satisfy the reasonable
claims of the plaintiff; and further that the sum he sought
to recover was excessive, and a violation of the original
understanding come to between the parties. The Learned
Gentleman said he would be prepared to show that this de-
fence was invalid, bothfrom correspondence between the parties.
in which Mr. Wyld distinctly intimated that the delays of the
defendants throwing the execution of the work near to the
30th of September, would much enhance the expense, and
also by witnesses he would call. The work was well ex-
ecuted—no fault had ever been found with it; and, consi-
dering the demand for labour at the time, and the fact of
engravers being obliged to work night and day, it was done
at a reasonable price. The company had failed in going
forward with their scheme, not from any fault in the plans
and sections, but from other causes, and now they sought to
lighten themselves of the liabilities they had incurred.
The Learned Gentleman then proceeded to call his wit-
nesses.
A number of witnesses were called on behalf of the plain-
tiff, who proved that the plans had been altered or delayed,
and the plates altered; and that the wages paid to the parties
engaged in getting the plans and sections up as it approached
towards the 30th November were from 6 to 10 guineas
a week, and in some instances five shillings an
hour. It was also alleged that a great deal of the
extra expense arose from the conduct of the plaintiffs in not
supplyieg the copies to be engraved ia a proper time and
manner.
Mr. MARTIN replied at some length, maintaining that as the
plaintiff had entered into a contract to execute the work at a
certain price, he was forced to do so, and that the alterations
complained of arose from the incompetency of some work-
men engaged in getting up the plates. He also put in
some documents to prove the contract, and correspondence,
to show that subsequently the plaintiff admitted the prices
originally agreed upon to be correct for the work he was
executing. The Learned Gentleman denied that: any delay,
such as that complained of, had taken plac,e or that the
defendant's conduct had been the cause of the extra expense
incurred. He submitted, in conclusion, that sufficient had
been paid to meet all reasonable charge.
Mr. CnowrAmt replied in reference to the documents.
Lord DarazAN summed up at some length.
The jury, after a short consultation, returned verdictfor the
plaintiff 2001., in addition to 31. paid in, o Court, and 40s. costs.