The Sun.
London, England, 1848-03-09 00:00:00

GENERAL.

The arguments in behalf of the appellants in this
appeal was resumed this morning, and cccupied their
Lordships the whole of the day. We refrain entering
into a detail of the case until the arguments in behalf
of the appellant are concluded.

SHERIFFS' COURT.-(THIS DAY .

(Before Mr. Under-Sheriff BMICHELL.)
LEWIS V. BERENS AND ANOTHER.

This was an action to recover the sum of 71. 4.. 4d.,
the amount of an attorney's bill of costs.
Tho defendants pleaded that they never were in-
debted.

On the part of the plaintiff it was shown that the de-
' fondants, who are china and glass dealers, in St. Paul's-
churchyard, were creditors of a person named Davis,
carrying on a similar business on Ludgate-hill. In June
last Davis, being in embarrassed circumstances, the
defendants sent their clerk, a person named Wood, to
arrange with Davis to make an assignment for the benefit
of the creditors. Davis assented to this, and the plaintiff
was instructed to draw up the deed, which was done, and
executed by Davis, who had previously given an
authority to Wood to take possession of all the
property. Wood having taken possession of the pro-
porty, did not execute the deed ; but a fiat
-in bankruptcy was issued against Davis. It was now
contended that as the defendant's agent acted upon the
authority given, they had made themselves liable,
although in the deed there was a proviso that the ex-
penses of the deed should be defrayed out of the first
monies received from the sale of the property, but
which was prevented by the defendants themselves,
being instrumental in having Davis declared bankrupt.
Fur the defendants it was contended that by the con-
dition of the deed it was clear that all the parties con-
sidered the costs were incurred for the benefit of
creditors. It was urged that as the plaintiff was_also
a creditor, he could not sue.
The Learned UNDER-SIIERIFF said that he did not
concur in that; if one creditor chose personally to employ
another, the contract was binding.
Wood was called, and proved that he went to the
plaintiff, one of the defendants having told him that
plaintiff had called upon them about Davis's affairs, and
that when ho went there plaintiff suggested an assign-
ment to prevent the goods being swept away by the
landlord ; and he then promised to call the next day
and sign the deed, but did not intend to do so. The
witness said he had a general authority from defendants
to act for them, and as one of them in such matters,
but their names were not mentioned as intending to
become liable for c..sts.

The UNDER-SHERIFF said the question for the jury
was, whether Wood, having full authority, had pledged
the credit of his employers, or whether the plaintiff in
fact looked to the goods as their security.
The jury, after being locked up for some time, gave a
♦erdict for the defendant.
This was the only action tried.

GUILDHALL.—(THIS DAY.)
TILE RIOTS IN THE CIT Y.—Morris Bel ring, of o,Vine-
street, Liquorpond street, was brought belure Sir James
Duke, charged with inciting the mob and throwing
stones at the police.
Hollands, No. 262 C, deposed that yesterday after-
noon he was sent with a body of constables to prevent
the mob passing down Holborn-hill. The prisoner was
cheering on the mob. The police attempted to disperse
them, when the prisoner flung two atones at the con-
stables. Witness rushed in, and, after great difficulty,
succeeded in taking the prisoner into custody.
In reply to Sir James Duke, the constable said that
the prisoner was a well-known character, and an asso-
ciate of thieves.

The prisoner denied the charge. He was committed
for seven days.
Edward Normanby, charged with having broken
the plate-glass in t`►e show-room of Mr. Pearce, Lud-
gate-hill, and also with destroying a chandelier, was
fined 51. and two months' hard labour, and to find bail
for three months.

John Colley, for assaulting several persons, was com-
mitted for fourteen days.
William White, of No. 6, Plou;h•court, Whitechapel
charged with being one of the ringleaders, and throwing
a stone at the windows of Mr. Bright, Ludgate. hill, and
doing damage to the amount of from 251. to 30/., was
fined 5/., and, in default, committed for two months.
One of the victims regretted that the magistrate did
not order the fellows to be flogged.
Mr. Alderman JOHNSON, who came into court, said
ho was anxious to do so if the law permitted.