The Sun.
London, England, 1834-02-03 00:00:00

BROOKS AND ANOTHER V. BURGESS.

This case was stated to the Jury by Mr. Sergeant COLERIDG E
In 1824 the plaintiffs, the defendant, and a person named
Pope, were merchants in Manchester. In that year Pope made
a large consignment to the defendant's house in Lima, upon
which he received an advancement of 7,0001. In 1825, while
the panic was on, Pope wished a further advance upon the
venture, and applied to the plaintiffs to make it; they had no
objections to do so, and in September of that year Pope wrote
to the defendant, requesting him to write to the plaintiffs,
stating that he held the residue of the investment, after
payment of the 7,0001. advanced by him on their account.
A letter to that effect was written to the plaintiff's, and they '
made the advance. In 1828 the full accounts of that parti.
cular adventure were made up, and the net proceeds turned
out to be 8,082/. The plaintiff claimed the 1,8021. from the
defendant, but he turned round and made a claim for interest
upon the sum of 7,000/. The plaintiff said he had no right to
do so, because in the agreement between them there was no-
thing said about interest—that if it had been then claimed they
would not have made such advances as they had done, for it
was well known that nothing was more uncertain than
the time of receiving remittances from all parts of South
America. It might have been ten years, when the interest
would altogether have swallowed the capital. In fact it was a
very considerable time before the money was actually received.
The action now was for interest from the receipt of the money
at various times up to September, 1831, when a sum of 634/.
was paid over to the plaintiff's solicitor, to abide the verdict of
the jury, by order of the Court—the balance of the money then
left due, and interest upon it up to the present period, alto.
gether amounting to 6341. Os. Sd., that was the question which
the jury had to try, and he had no doubt he would so make out
his case as would entitle him to a verdict.

The letter of agreement was then handed in, it having been
stamped for that purpose.
Mr. PLATT objected to its being received, as it was an order
for the payment of money, and ought to have been upon a
stamp for a bill of exchange. He cited the cases of Fairbairn
v. Bell, 2d Barnewall and Alderson, page 36, and Butts v.
Swain, 2d Broderick and Bingham, 78.
The Learned JUDGE overruled the objection. In both of
these cases a specific sum was named.
Mr. Pope was then called, and went into the accounts at
very considerable length, and fully proved the case as stated by
plaintiff's counsel.
Mr. PLATT addressed the Jury for the defendant, who he
said was only anxious to have his rights, and it was clear that
the net proceeds of the investment was only such sum as re-
mained due after the payment of interest, as well as all other
charges. He believed that such a claim as the present one was
never before made. The plaintiff wanted nothing more than
what was his own, and he had three years ago paid 634/. over
to the plaintiffs, which was all he admitted to be due.

The Learned JUDGE summed up at considerable length. He
did not see that the plaintiff had any right to interest upon the
residue of the net proceeds, as he might have taken legal mea-
sures for the recovery of the money years ago ; neither did he
see anything in the agreement about interest ; it was entirely
confined to the sum of 7,000 L, and therefore lie had no claim to
interest upon that sum. He ought to have made a stipulation
respecting interest at the time of entering into the agreement.
The Jury, after being in consultation a short time, were in.
terrupted by the learned Baron who said, he thought upon fur.
ther consideration it was a question that he ought to settle him.
self, and there ought to be no interest on either side.
The Foreman said they were just prepared with a verdict for
the plaintiff,—damages 12081., which was received ; and on
the application of Mr. PLATT the Judge took a note of the fact
of his having first settled the case, and then having received a
verdict.

The Duke of Cambridge, as Viceroy of
Hanover, having instituted proceedings for making the
interdiction pronounced against his relative, Duke Charles
of Brunswick, executory in France, an application has been
made on the part of the Duke of Brunswick to the
Tribunal de Premiere Instance, that a sufficient sum
should be deposited to pay the coats and other conse-
quences of the suit, upon which the Tribunal ordered that
the Viceroy should lodge a sum of 300,000f.—French
Paper.

SAVINGS' BANKS.—It is much to be re-
gretted that from numerous misstatements of the facts con-
nected with the projected exchange of Stock by the Com-
missioners for the Reduction of the National Debt, the
minds of some of the depositors have been unsettled. If
any of them should from this cause withdraw their accu-
mulated deposits, the late Act of William IV. precludes
their re-depositing in any Savings' Bank more than SU
in a year.

During the performances last week of some
comedians at Clay it was necessary to fire off a pistol
which had the ramrod attached to the barrel ; by an
unaccountable oversight this was left in the barrel after it
was charged. When required the pistol was suddenly
drawn out of the pocket and fired, by which the ramrod
was discharged, and it entered the side of Mr. Leary, one
of the performers. It was at first imagined to have been
unintentionally loaded with ball, and all was consterna-
tion. We are happy to state that the wound is not danger-
ous. —Norfolk Chronicle.

rit...WIiATE AND LEAI)6Nti ALi. 111ArtKE1a.
At per stone, by the Carcass.
s. d. to s. d. s. d.tos. d.
Seel, inferior 242 6 I Mutton, inferior... 24 2 8
- middling 2 6 2 8 - middling.. 3 0 3 2
- prime large 3 4 3 6 - prime 3 6 310
-- prime small... 3 6 3 8 Pork, large. 4 0 :1 2
Veal 3 4 5 4 -small 3 4 4 4

We continue to be well supplied with Wheat from our
farmers, with some fresh coasting arrivals, and the condition to
day being very poor the sale of all except the finest parcels was
dull and a trifle lower. With Oats there was a better demand
but with no improvement in price. For the best samples of
Barley there is a fair demand, but the inferior parcels are still
heavy though the arrivals this week are less than for some time
back. Fine Malt goes off steadily. Sound heavy Rye wanted.
With either Peas or Beans little doing. Flour still heavy sale.
NEWCASTLE CORN MA RK ET —Feb. 1.
New. Old.
Whew, Northumberland 401. 5 4 —s —s.l
—.— Norfolk and Suffolk.-- ..... ..A6.. 50, ... —s. —.s.
Berwick and Scotch 42, 461....... —s —s.
Foreign —l. —s ....s .....
Bye, Norfolk and Suffolk 37.. 59, —s. —s.
Foreign 30.. :345. —s. —s. ,s
Barley, Malting, Norfolk and Suffolk 265. 315....... —s. —s. ti
Grinding and Feeding 14s 25s
Halt, Norfolk and Suriblk z
50s btis —s. —,. ~
deans, Small 30s 321 —s. —s.
--, Tick ..'s 315....„. --s —s. (4
i'ease, White -4.385. .... --s. —a.
---- Gray '27s 301 B. ....S. i
)ats, Northumberland, Potatoe 16s 19s l9s. `2.os.
Feed 14s 16s —s. ..3.
Foreign
lour, Fine (per sack) —a. —IA die. Xs.

The operative glovers of Yeovil, are still out
of employment, nor du they appear likely to conic to im-
mediat, terms with the masters, who persist in their
determination to suppress the Union, which the men are
~qually determined to support; this dispute must have
been the cause of throwing an immense number of females
out of work, all round the country, and it is much to be
wished, that some amicable arrangement could be come to
between the parties, or the greatest privations will be in-
flicted on numbers who had nothing whatever to do with
the dispute.— Western Times.

POPULATION OF VIENNA.—It appears
from the official lists that the population of Vienna, ex-
clusive of the military and strangers, is 319.873. Tite
number of per-one holding offices is 5,000. There are
30.000 servants of. both sexes. The number of mercan-
tile houses is 880, not including the retail dealers in va-
rious articles in the suburbs.

During the stormy weather of last week, three
houses were blown down at Abbot,,.kerawell, in this
county.— Western Times.

CLAIMS OF THE DISSENTERS.-PUBLIC
MEICTING IN ASHTON.UNDER-LINE.—On Monday even-
ing, at 8 o'clock, a public meeting of the Dissenters of
Ashton, Dukinfield, and Staley Bridge, was held in the
Independent Chapel of the first-named town. Upon the
motion of the Rev. J. Sutcliffe, Mr. Cheethani, cotton-
spinner, of Dukinfield, was called to the Chair. The e inc-
kg was addressed at great length, and with considerable
eloquence, by several of the Rev. Gentletnen present ; and
memorial to Lord Grey, setting forth their four grey_
inces, and their protest against an Established Church,
was unanimously agreed to.