The Sun.
London, England, 1867-06-05 00:00:00

In this case, which was a demurrer against the
declaration of the plaintiff, Mr. Joseph Browne,
Q.C., said that he appeared for the plaintiff, who
demurred to the pleas of the defendant. It was an
action to recover an amount of mutual insurance,

which was due to him by the defendant, through
the loss of a ship belonging to him, and which had
been insured in the associatim to which defendant
belorl,,,ed. The defendant had made eight objec-

tions in the demurrer to the declaration ; one was
that the plaintiff ought to recover from the manager
of the association.

Baron Bramwell—But I thought, Mr. Browne,
that in the case when the plaintiff demurs to the
pleas, and the defendant to the declaration, that
the defendant ought to open the case. There is an
unanswerable argument adduced by my brother
Martin to the effect that if the defendant succeed
in his demurrer there is no occasion to go further.

Mr. Browne--The practice of the Court of
Queen's Bench in cross-demurrers— _

Baron Bramwell—Cross-demurrers are all rub-
bish. It has always been the custom of this Court
to hear the defendant first. _ _

The Lord Chief Baron said that he had consulted
the officers of the court, and he found that it had
been the custom of the Court to hear the defendant
first for the last 15 years.
Mr. Mellish, Q.C., then stated that the defendant
in this case was a member of an association formed

for the purpose of insuring on a principle of
mutuality ships against loss at sea. If, at
the end of a certain period there were any proceeds
from these transactions, they were to be given by
the manager to the members of the association ;
but in the case of loss the manager could draw upon
the members to the amount of £1,500 or less, and

they did not honour these drafts he could sue

them. In this case the plaintiff had insured his
ship (which sailed from Newport on 20th February,
1865, and which was lost) in the association to
which the defendant belonged, for £5OO, and he
now sued for that amount.
The Lord Chief Baron—Has he not sued the
other members ?

Mr. Mellish—l believe he has, for there are 80
actions altogether. (Laughter.) Now, what we
contend is, that, according to the rules of the associa-
tion, the plaintiff ought to have sued the manager,
who had the power to recoup himself by suing
the members of the association. The learned coun-
sel then reviewed the whole rules of the association,
which he contended plainly gave all the powers to
draw upon members, &c., to the manager, and
of being sued from
thethus
members.
eo
mb eo karl
s.l the responsibility

Baron Bramwell thought these clubs were con.
fined to the north.

Mr. Brown—My client has been concerned in
four in the west of England.
Mr. Mellish said that, in addition to the managers'
functions, credit was given, and annual
instalments were to be paid, and if this was
not enough a bill for two months was to be
drawn by the manager, and the bills
would not be drawn to the amount of the loss
of the plaintiff, but according to the aggregate
amount of the losses of the association. In fact, the
month's bills were so much credit ; therefore it was
most monstrous, as soon as the loss occurred, to
come at once upon one individual member of the

association.
Mr. Browne having argued that his client was
not bound to recognise any other party to this
mutual insurance except the defendant,
The Court gave its judgment in favour of the
defendant's demurrer.

COURT OF COMMON PLEAS.

:Sittings at Nisi Prius before Mr. Justice Smitl

and a Common Jury.)
WILTSHIRE V. HARTNOLL.

Mr. Keane, Q.C., and another learned gentleman
appeared for the plaintiff, and Mr. Sergeant
Robinson and Mr. Ford for the defendant.

The action was brought fur compensation for
goods alleged to have been illegally detained, and
the defendant's pleas were that lie was not guilty,
mid that the goods were not the property of the
plaintiff. _

Mr. Kean stated the case. The plaintiff, Mrs.
May Wiltshire, was a widow since 1855, and for
some time after the death of her husband, who had
been a harness-maker at Devizes, where she
carried on the business. She removed first
to Romsey, and afterwards to Willow in
Hampshire, her son, who was a sailor, sometimes
living in the house with her, but not subsequently
to 1862. It appeared that there had been some ill-
feeling between them, and that the plaintiff had
brought an action against the son, and that he, by
way of reprisal, had her confined as a lunatic in the
order of the Lords Justices, she was released in
Asylum,discover in Hampshire, in 1865. By an
discovered that her son was 'dead, and
FtlhBiBa6ht6:rtt°h and
the defendant had seized her furniture and
clothes, alleging that he had a claim on them by
reason of money advanced to her son. Some of
the goods were sold by the defendant, others seized
for rent by a party named Wild, to whose care
they bad been entrusted by the defendant, and
the remaining portion she was unable to recover.
Amongst the property which the defendant had
seized were the whole furniture of a house, clothes,
plate, &c., and the plaintiff was placed in a most
distressing situation.
The plaintiff was examined and cross-examined
at great length, and supported the substantial
points in her counsel. She stated further that the
property was left to her solely, that her sou had no
claim on her, and that she had never authorised to
dispose of or use her goods in any way.
The jury found a verdict for the plaintiff, and
assessed the damages at £lO.

MARKETS.—This day.

MARK LANE.

A very limited supply of English wheat was on sale
hero to-day ; yet all kinds moved off slowly, at prices
about equal to Monday. The quality of the samples was
but middling.

Fair supplies of foreign wheat wore reported. The
show of samples was, therefore, on the ~.increase. Sales
proceeded slowly, at barely late rates for inferior kinds.
Floating cargoes of grain were a slow inquiry.
Scarcely any barley was on the stands ; prices there-
fore were firmly supported.
Malt sold slowly, at late rates.
Oats were quite as dear ae on Monday, with a fair con-
sumptive demand.
Beans, peas, and flour wore unaltered in value.
sum ARRIVALS TATS WEEK.
Wheat. Malt. Oats. Flour.
English and Scotch 820 1,170 160 1,990
Irish ..................
Foreign ...............15,181 8,200 161 sacks
Maize, _. qrs.
brls
Per 81b to sink the offal.

WHITECHAPEL.
Per 81b.. by the carcase.
Beef 3s 4d to 43 6d Veal ... 3e in „ 5s Od
Mutton
..
Lamb

BOROUGH HOP.
There is only a moderate business doing in this marker
yet prices are well supported.

A meeting of the Schools Inquiry Commission
was held at 2, Victoria-street, yesterday, and there were
present—Lord Taunton (the chairman), Lord Lytteltou,
the Dean of Chichester, 10v. Dr. Temple, Rev. A. W.
Thorold, Mr. Arland, M.P., Mr. Baines, M.P., Mr. Ede,
Q.C.. and Dr. Storrar. Mr. Roby, the secretary, attended
the meeting.
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