The Sun.
London, England, 1805-02-15 00:00:00

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COURT or KING's nr.Ncit, GUTLEMALL, Fits. 14.

itnrIINsON ru COUSUNS AND 15T13tttS.

Piatotifr, in this case, WAS a Merchant, and
sold to the Defy., (tants a' quantity of curraots, for
_which he had charged 7261. los. The Defendants
ohj eted, on the ground of in savetcharge, and paid
in: C.tirt the :,um of 694.. t t', The Adion
wa brought to recover the shin of 3 Id. the
difference between the Sum charged drat what was
raid in.d Court. It appeared that the currants
were sOld in casks, 'some of fir and some of oak ;
and that thtie was a drawback at the King's Beam
of t z!b. fOr the fir, and 161 b, for the oak casks. 7—
The- Plaintiff contended he had a right to charge the
remaining weight. The Defendant insisted that
he was not bouud by the. King': Beam, rite custom
of the trade, aliowing -a drawback of sslb. for fir,
and 1 Bth. for oak casks.
Mr, EitSK Mt, for the Plaintiff, stated that the
whOlesale -grocery trade was a system of coinhina.
tion. In general it was a principle laid down, that
no merchant should make his own market, but should

sell on the terms agreed upon by thedealers; but with
rest eic.t to the wholesale grocery trade,' the -met.
chants at home established 'a* maximum, beyond
which they would nut purchase, however scarce 'the
article might he ; yet they never failed to take -ad.
vantage of ri 'scarcity, in order to. rise the market.
The Phi,,,ifr, therefore, had no tight to abide by
a cuoom which the dealers_ had set up ; on the con.
trary, it was One which the Public were interested
in defeating. Fle should prove, however, that in
the preSent instance, the Defendants had positively
agreed to give the Plaintiff Is, per cwt. 'more for
the currants than the Chtb would give.
A witneii% proved that the Defendants had agreed
to give Tv. more than the,Club. •
.Mr. Galtit tv conterrled,,for -the Plaintiff, that
the case must be decided by t he custom of the trade.
Mr. EltACINit replied,. that, a, custom contrary to'
the fair principles rat trade could norbe binding:
Lord Et4stiaoxetrott held, that whether the

ellgtt';rn was god nrbatL and it might be a fir eib.,
jea for argument, the Defendants had adopted
by agreeing to give Is. more than the Club: eon.
seguently, when the jury had ascertained what the
Club would have given, it became a mere question
of arithmetic.

Owing to the Osence of the Citric* of the Cos.
tom.linuie, the Plaintiff ►ailed in making nut the
necessary proof, and was accordingly nonluitcd.

ADDELIT

The Plaintiff Was a patter at Birmingham, and
the Defendant a merchant on Ft qh-street.hill. The
iatter.desir,d the former to putchase a horse for him,
and he tnimitely, described the qualities it was, to
possess ; it was, particularly, to have a short body,
`OM joints, and a spot on the forehead. A man
might have been ten years finding such an animal ;
but the Plaintiff, after much diflicull, succeeded,
and wrote to the Defendant to that effed. The De..
fendant returned for answer, that ha had also found
just such a horse as be wanted, but he had no ob.
jeetion to take the one the Plaintiff had bought,
provided be would deliver him free of expense. If
he would do so,, he migh draw upon him f")r 601.
the value of the horse. The .I)laintiff drew the
bill► bUi did not send the.animil free rif expencr.

Lord ELE4IIIOOROLIGH held that the Ildiottif had
rot performed the condition on which the Defendant
had authorized him to draw the bill, and therftt:ore
was nit entitled to maintain his adion„—Plaintiff
nonbui it&

A most destralive Are occurred a few dap
ago at Warwick Hall, Cumberland, occasioned.
.by a lighted. candle being incautiously left against
the wall in the stable, which, failing' down, set fire,
to the bedding, and thence communicated to the
hay,,loft above, The dev utifig element raged for
a considerkble timer and, not withstanding the or.
most exertions, IOC) Cat' loads of hay were consumed,
and one horst severely burned. The flames wete.',
however, fort,,natch prevented from communicating
pi the granary, were, an immense quantity of corn
will StOWcAli altbOtlill t i, wily 'divided frOtn'the
stable by 'the thickness AA: single kmck.
On Friday lair, as three men wit e crossing a
'field, near the Barracks, at tiailshim, they were
shocked at the sightof a human leg which had been
cat off above the ktfte, and was lying on the see.
face face of the field, with several pieces of mangled
flesh, that appeared to have been turn from it. • They
very properly communicated the circumstance to the
Chinehwardens of the Parish, who, , much to their
credit, caused immediate inquiry to be made con
culling it; and in consequence.learnt, that the .se.
vexed limb .had been amputated trona a man, then
under the care of a Surge,A, in the Barrack Hos.
pita!, and buried in the field, where some hungry
dog must have.scratched it up, and left it in the
mangled awe it was found. This eatt,lanafion,
however, did' not prevent a further, search being
mac in the field ; rho result of which was, the Cipt.
cowry of the body's/ a new-born male infant, h jog
buried nigh to where the leg was first seep. Upon
a minute investigation of this suspiciout circum„
stance, it otiosestance, out, from the information of one-4
the Hospital Surgeons, that the mother was the wife
of a soldier, lohnin he attended at the time of her
labour, and that the child was sill-bons; which the
svoman's husband, on being sent for, cot roborated ;
and confessed that he had, in consequence, buried
the infant as 'above stated, Its rem -tins 'were, by,
order of the Parish. Officers, interred in the Church--
yard.
On Monday evenil seinnight, as Lieutenant
'Webb, of the 39th Regiment, watt returning frotty
tattle, in company with two other Officers, his
',torte reared and fell backward. upon him, by which
accident he was so dreadfully bruised the breast!,
that he lanauishe4 till Thursday, and then err-

Fired. . .
Wednesday seinnight a soff.d4 lit the new Calory
Gaol, Cambridge, on which four pervms were 'a t
work, gave way, when three of them were conyi•
tier ably hurt. , ,