The Sun.
London, England, 1833-06-17 00:00:00

CUNNINGHA3.I V. FONBLANQUE.

Mr. Sergeant JONES stated that this was an action
brought by Messrs. Cunningham and Salmon, printers,
against Mr. Fonblanque, the editor and proprietor of the
Examiner Sunday newspaper, to recover the expense
incurred in setting up type which was never used, and
531., the amount of four weeks' salary. In December,
1830, the plaintiffs were engaged by the defendant to
print the Examiner at a weekly salary, and, as was the
case with newspapers, there was a great deal of overset
matter, part of which was used in the next week's
paper and the remainder it was usual the printer
should be paid for, as of course it was a dead loss to
t im. In December, 1832, the plaintiffs were dis-
charged without notice, though there was a usage in the
printing trade that four weeks' notice should be given on
both sides, or that the printer should receive the four
weeks' salary. The defendant had refused to pay the sum
of 11/. 9•. which was due to the plaintiffs for overset
matter, and the four weeks' salary.

Mr. Win. Shackel (connected with the John Bull
newspaper) Thomas Hargetti, George John Walker, and
William Molyneux, printers, were called, who said that
there was a usage that four weeks' notice should be given be-
tween newspaper proprietors and printers, but could only
give six or ten instances of notice having been given to
the printer, and none by the printer to the editor.
Mr. Wm. Molyneux had printed the Examiner before
the present plaintiffs, and admitted be had been discharged
without notice, and in the middle of a week, though he
had demanded four weeks' notice. It was admitted that
the overset work was always paid for.
Mr. Sergeant TELFORD for the defendant stated, that
the facts of the case were these :—The paper bad been pre-
viously printed by Mt Ineux at 101. a week, after whose
dismissal (without notice) the printing of it was trans.
forted to Messrs. Cunningham and Salmon, at first for 101.
a week, which sum was afterwards increased to 121. 155.,
in consequence of the size of the paper being increased. This
soin was afterwards further increased to 131. ss. to include
overact matter and all other charges, Mr. Fonblanque at
the end of the year to give a fair compensation if there
had happened to be anything considerable of overact
matter during that period, and during the whole course
of two years the plaintiffs had only claimed the paltry sum
of 111. 9s. for overset work. With regard to the other
point in the case, the four weeks' notice of dismissal, there
was no proof th tt there was any such usage, for the
plaintiffs' witnesses had only given half a dozen in-
stances, and those in their own cases. The editors of papeis
might give four weeks' notice to those with whom they
were upon friendly terms, but there bad not been one in-
stance shown where the printer had given that notice to the
editor, which, to establish the usage set up, the other side
were bound to prove. In the very case of the Examiner,
the former printer had been discharged in the middle of
the week, without any notice, which the piaintitis who
succeeded well knew. The plaintiffs had continually
been behind hand in getting out the paper, and in De-
cember, 1832, were so behind hand that the paper, whose
circulation was principally in the country, was out only
just in time for the last post, to the great
detriment of and expense to the paper. Mr. Fonblanque,
st-eing that the paper was not got out any sooner, notwith-
standing his continued complaints, then told them that
he must dispense with their further services. After their
discharge the plaintiffs sent in a bill for certain charges
not connected with the paper, in which not a single word
was said about four weeks' wages being due to them. The
Learned Sergeant called the forem.in who had been in the
employ of the plaintiffs, the publisher of the Examiner, who
said, in conver,ations between the plaintiffs and the defen-
dant, not a word was said about the four weeks wages, and
confirmed the statement of the increase of salary havini;
been to include all overset work.

The LEARNED JUDGE (Mr. J. A. Park), in summing
up, said that, in his opinion, there was no pretence of
any usage for four weeks' notice, but that was for the jury
to decide. The plaintiffs' salary had been increased 103. a
week, to include overcharges, whilst the overact work sued
for only amounted to 3s. per week.
The Jury returned a verdict for the plaintiffs to the full
amount.

Mr. Sergeant TELFORD said that he should move for
leave to enter a nonsuit.

EXCHEQUER COURT.-(THIS DAY.)

ARRIVALS OF GRAIN IN LONDON DURING LAST WEEK.
~ e r?
From Whence. g v, f '7- F F '' '6
'
'l2- !1
Qrs. Qrs. Qrs. Qrs. Qrs. Qrs. Sas.
Aldborough 451 107 -- -- -- 8 25
Boston - -- 3996 283 .-_
Bridgwater - -- ' -- -- -- 140
Bridlington 4O -- -- 200 -- -_ --
~ Colchester_ 398 150 420 5: 15 -- 557
7.' Harwich-- 54 15 50 -- -- 110
1e
'"' 11‘lzI -- -- n
806 21 240 100 228 7 920
Exeter - -- -- -- -- 552
Grangemouth - -- __ I 13 --
Hastings
Hull 940 -- __ 568 -- -- 259
Ipswich 7O 96 906 -- 77 -- 536
Kent 1091) 169 120 152 359 116 837
Louth—
Lowestoft 136 50 24 -- -- -- 15
Lynn 123 1183 592 683 -- -- 150
Milford - -- 435 -- -- --
Newhaven - -- -- -- -- -- 298 '
Poole - -- -- -- -- 110
Southampton - - - -- -- -- -- -- 270
Spalding - -- 765 -- -- --
Stockton 2O -- -- -- 50 -- __
VVisbeach 8450 -- -- 2680 117 __
Woodbridge - -- 18 -- -- -- 110
Yarmouth 9O i 2063 553 -- -- -- 265
Aberdeen - -- -- 2291 -- "-- --
Banff ll -- -- 4437 -- -- --
Berwick - -- 1747 -- -- 7,15
Inverness 230 -- -- 453 -- -- --
Kirkaldy - -- 20 -- -- --
6394 13879 2923 19106 1157 I 131 5198
IRISH.
Ballina - -- -- 1076 -- -- --
Baltimore
Belfast
Coleraine
Cork - 4555 -- -- --
Dublin
lialway __
__ __ 1612 -- --
Limerick - -- -- 2555 -- -- 450
Londonderry— - -- -- 863 -- -- --
Newry
Waterford 37 -- 3536 -- -- 300
Westport - -- -- 920 -- -- --
Youghall 63 -- -- 2043 -- -- --
-- ------ —_
Total.- 6469 3916 2923 34499 1157 131 5923