The Sun.
London, England, 1867-05-30 00:00:00

IRON CASE.

These were cross actions, the question at issue
being the purchase and non-delivery of a quantity
of iron which had been sold by Penny to Cohen.

Mr. Day and Mr. Williams appeared for the plain-
tiff, and Mr. Sergeant Ballantine and Mr. Philbrick
for the defendant.

It appeared that some months ago, that is to say,
in February, Penny, who was the owner of what
was called the IVenlock Iron Works Company, in
the City-road, had a considerable quantity of
iron for sale. his foreman told Mr. Cohen
that the iron was for sale, and he sent his brother
down to see it and buy it. The iron consisted of
two sorts, burnt iron and unburnt iron, the former
being the more valuable. Mr. Cohen agreed to buy
the iron, giving 40s. for the unburnt iron and 355.
for the other description of iron. It was impossible
to sever one from the other without picking it out.
When the iron cline to be delivered it was found
the defendant had only sent burnt iron, which was
comparatively useless, although it might be used
with another sort of iron. Mr. Cohen re-
quested him to send the whole lot, but he
refused. This involved a considerable loss to the
•plaintiff, and this action was brought. The cross
action arose from the fact that the plaintiff had not
paid for the iron that had hem sent to him, and con-
sequently the defendant brought the second action
to recover it.

Mr. W. H. Cohen stated that he had bought
the whole of the iron at the price above stated, and
that he and Mr. Dewson had carefully gone through
it. The iron was scattered about the place, some
retorts both burnt and unburnt,- and some attached
to the works was also there. He bought them all,
but only the burnt retorts were sent iu. They
could not use the burnt iron without the other.
The unburnt iron was much more in value
than the other. He had already sold the
iron, together with 20 tons which he had by him.
Cross-examined by Mr. Sergeant Ballantine—
The iron that had been delivered had been sold to
Mr. Moses Isaacs. His brother did not tell him all
his business, so he could not know when it was sold.
Ile was foreman a year ago, and conducted the busi-
ness for his mother. His brother was then working
about the place. Ills brother had become master
since. He was agent for Mr. Hart, of the Raglan
Music llall. He was a musical agent, and occa-
sionally a dealer in old iron. lie had
entered into a composition deed with his creditorz.
This was for Lis mother and the good of the family.
It was through family affection. He did not know
what he paid in the pound. Ile did not know what
the deed was for. He could not recollect.

Mr. Sergeant Ballantine—Come, you ought to
be proud at having sacrificed yourself at the parental
shrine. (Laughter.) Come, how much was the
deed ?

Artils
wass N
in difficulties,
I can'tsay. Next year, 1865, my
mother
and I sacrificed myself
again. In 1866 again, and this time for £6,000.
)ie
Williams had been with him to the Raglan Music
Hall. He proposed that if he (witness) gave him
half a crown he would make it up in weight. Wit-
ness told Mr. Dewson he knew nothing more
about it.

The case was proceeding when we went to press,

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
IN RE J. 0. LEVER.
The bankrupt, who was formerly M.P. for Ga'

way, and who described himself as a general agent,
of 114, Cannon Street, City, came up to-day, to
pass his last examination, and for the order of
discharge. The total liabilities are £106,546, and
the assets £57,890 ; but as bills against his estate
to the extent of £74,470 are not expected to rank
on the estate, there is an estimated surplus. Ile
explains the reason why he disputes this item of
£74,470 to be that he was convinced a transatlan-
tic service between Europe and America via Galway
would be a great success, and, acting upon this con-
viction, he was a party to establishing a lino of
steamers, but be was not liable for the amount
now charged against him. The case was again
adjourned until a future day.

SHERIFFS' COURT.
(Befdre Mr. Comtuissioner Kerr.)

IMPORTANT CASE UNDER THE CARRIERS' ACT.--
INGLE V. LONDON PARCELS DELIVERY COMPANY.

nis was an action to recover compensation for
Images sustained by the plaintiff in consequence
of the alleged negligent carriage by the defendants
of a case of wine.

Plaintiff deposed that'll° sent a case of wine by
the defendants to a customer, and when it arrived
certain bottles were found to be broken. A witness
who appeared for the company stated that the case
was not in a proper condition when it was deli-
vered to the company ; and one of the company's
men who received it deposed that it coull hardly bo
called a case, as it more nearly resembled a crate.

Plaintiff—lt was a patent case, and has been
expressly constructed for safety,
Witness—But the bottles would not fit.
Ilis Honour—The company were able to judge
of the condition of the case before they agreed to
receive it for carriage. If it was not in a fit condi-
tion they should have objected at the time, and they
are in the position of insurers. They cannot now
object to the package after receiving it and signing
that it was in good condition, anti I must find for
the plaintiff with costs.
Verdict for the plaintiff with costs.

FATAL ACCIDENT AT A YACHT RACE.—Dtiring
the Prince Alfred Yacht Club Match from Holy-
head to Kingstown, on Saturday, a man fell overboard
from the Dione. Everything that men could do was done
to save the poor fellow, but the pace at which the yachts
were going caused such a time to elapse before the way
could be taken off the Dione and a boat got cut, that the
man had sunk bAure assistance could reach him. Nine
started, and the Torch .won the first priz the Amber
Witch the second, and Luna the third.
CAPTURE OF, ♦ GOLDEN EAGLE IN A TRAP.—
On Monday, Donald Macfarlane, gamekeeper to Mr.
Patrick Small Kier, of Kindrogan, set a large trap to catch
a fox en the hill of Blaveligs, on the estate of Kindropn.
On going to the trap some time after he had set it, Mr.
Macfarlane, to his great surprise, found that, instead of
reynard, a splendid golden eagle had been trapped• The
weight of the bird is fully 12lbs. From tip to tip of the
wings it measured 7 feet 5 inches ; the girth was 2 feet 4,
inches; and from the crown of the head to the tip of the
tail the measurement was 3 feet 5 inches. The head mea-
sured 9 inches round, and tha bill was 3 inches in length
and 2} round. The bird is one of the finest specimons of
its kind over seen in the district•--Dundee Advertiser.