The Sun.
London, England, 1802-05-21 00:00:00

the affidavit of King, that the Rule ought to be
dis-
charged, with costs. If more was claimed than was
really due, he must have recourse to the usual mode,
and take out a summons to stay proceedings upon
payment of what appeared to be due.—Rule.dis-
charged.

FARQUHARSON V. LEE.

This was an argument on a motion that had been
made for a new trial of this cause, which had been
determined at Guildhall, for the Plaintiff.

The Plaintiff had bought from the Defendant a
quantity of Hops, which were to be delivered ac-
cording to sample. From the Judge's report of the
evidence upon the trial, it appeared that the Hops
had been 'watered (a dishonest praftice, .which
makes them weigh more hut spoil soon), and that
the sample was the same as the bulk ; but that being
a small quantity and exposed to the air, it appeared
well, while the large quantity, which was less
exposed to the air, heated; and became untnerchant-
able. The Jury, under the direftion of the Judge
who tried the cause, found that the goods were
delivered according to sample, but that they were
unmerchantable as to their quality : they therefore
gave a verdift for the Plaintiff for the value—t27l.

On behalf of the verdiel it was argued, that
" a sound price implies a warranty of sound and
saleable merchandise ;" and that the merchandise in
this case was absolutely unsaleable, having been
spoiled by this fraudulent watering.
Against the verdict it was contended, that the
dOdrine of a sound price implying a warranty was
altogether wrong ; that the general principle of the
law in such cases is, Caveat Emptor; the buyer, if
he has a fitir opportunity of examining the goods,
must either rely on his own judgment, or that of
his friends ; or, ifhe does not chose to do that, he
must insist on a warranty. This was a general rule,
which would apply to all manner of commodities
sold, when no fraud appeared in the seller. When
fraud appeared in the seller, it altered the case; but
in this case it was not suggested that the Defendant
knew any thing of the Hops being so watered ; he
had bought them from another person, and had sold
them as he had bought them.
The judges gave their opinion separately ; and,
after stating that it was of great consequence that
the Rule should be perfeetly settled, gave it as their
opinion, that when any article which was sold was
fairly exposed to the buyer, the buyer takes it at
his own risk, unless he requires a special warranty,
or can prove fraud in the seller. A new trial was
therefore granted.

ARTICLES OF THE PEACE.

Mrs. Riddle, a few days ago, having exhibited
Articles of the Peace against her husband, Captain
Alex. Riddle, to-day that Gentleman appeared in
Court, and gave bail _for his good and peaceable
behaviour towards his wife; himself in the gum of
4001. and his bail in tool. each.

THE RING ru. BETZ.

The Defendant had been Indiaed under the late
A.a, for having certain Waval Stores in his posses.
sion. The Jury found him guilty under the Statute
of WI LLIM, by finding these stores were more
than one-third worn. The Defendant is a Sailor,
had been in jail for six months, and was ordered to
be whipped tic) yards over Tower-hill,.and then
discharged.

In an ACtion brought against a Gentleman who
had lost his pocket-book, and had published a hand-
bill, saying " that whoever produced it should re_
ceive a reward without being asked any questions,"
leave was given to compound the penalty of 501. for
301. The same leave was given in an Aaiun brought
against the Printer of the hand bill.

---
GLASGOW, MAY “.

THE following Resolutions having this day been
transmitted to Lieut.-General DRUMMOND, we may
with confidence assert, that this mark of regard is
in perfea unison with the sentiments of every per-
, son in this City, who had the honour of being ac-
qUainted with that Gentleman.
Gias.gow, the 13th May, 1832.
" At a Meeting of the Officers of the First and Second Re-
giments of Royal r;lasgow Volunteers, and the Officers of
' the Armed Association,
" Lieut.-Colonel MAC DOWALL, in the Chair,
" It was unanimously resolved,
"That the Thanks of this Meeting should be presented to
Lieutenant-General I)it oMMON n, lately commanding in the
Western District of S(..,tland, for his attentive and merito-
rious condutt, while they had the honour of being under his
Command.

'• Tint Lieutenant-Colonel lilac Dow ALL be requested
to traninit a copy of this Resolution to Gen. DkommoNu.
(Signedl
JAMES NIAC DOWALL, Chairman."

SPORTING INTELLIGENCE.

NEWMARKET SECOND SPRING MEETING.

WEDNESDAY, MAY 19.

Fifty Pounds for 3-yr olds, 6st. 21b.-4-yr olds, Bst.—S-yr
olds-, Bst. 71b.-6-yr olds and aged, Bst. 121 b. T. M. M.
u:8. C.

Lord Clermont's b. h. Meteor, 6-yrs old - - t
Si: C. Bunbury's b. c. Whirligig, 4-yrs old ..-•=. -2,
Mr. Watson's ch. h. Canterbury, 6-yrs old - - 3
Duke of Grafton's ch. I. Remnant, 4-yrs old - 4
Mr. Lake's b. f. Volunteer, 3-yrs old . - - dr
Seven to 2.2.7,5 t Meteor--s to 1 agst Whirligig--even betting
on Canterbury—and sto r agst Remnant. •

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