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

IRON CASE.

These were cross actions, the question at issue
being the purchase anci 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 Wenlock 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 came 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 been sent to him, and con-
sequently the defendant brought the second action
to recover it.

Mr. W. li. Cohen stated that he had bought
the whole of the iron at the price above stated, and
that he and Mr. Dewson had cardfully 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 in. 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.
He was foreman a year ago, and conducted the busi-
ness for his mother. his brother was then wo►king
about the place. his brother had become master
since. He was agent for Mr. Hart,' of the Raglan
Music Hall. Ile was a musical agent, and occa-
sionally a dealer in old iron. He had
entered into a composition deed with his creditors.
This was for his mother and the good of the family.
It was through family affection. Ha did not know
what he paid in the pound. Ile did not know what
the deed was for'. He cauld not recollect.

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

Witness—No, I can't, say. Next year, 1865, my
mother was in difficulties, and I sacrificed myself
again. In 1866 again, and this time for £6,000.
Williams had been with him to the Raglan Musk
Hall. He proposed that if he (witness) gave him
half a.croon he would make it up in weight. Wit-
ness told Mr. Dewson he knew nothing more
about it.
The defendant's case baying boon concluded, the learned
judge summed up, and the jury returned a verdict for the
defendant.

COURT 01? BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
IN RE .1. 0. LEVER.

The bankrupt, who was formerly M.P. for Gal-
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. aro £106,50; 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 surplu.3. 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 line of
steamers, but he was not liable for the amount
now charged against him. The case was again
adjourned until a future day.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)

IMPORTANT CASE UNDER THE • CARRIERS' ACT.-

INGLE V. LONDON PARCELS DELIVERT COMPANY.

TEis was an action to recover compensation for
damages sustained by the plaintiff in consequence
of the alleged negligent carriage by the defendants
of a case of wiue. _

Plaintiff deposed that he sent a ca;e of wine by
the defendants to a customer, and when it arrived
certain bottles way 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 could hardly be
called a case, as it more nearly resembled a crate.

patent case,
safety.
and has been
expressly constructed a
for ted
Witness—But the bottles would not fit.
Ills Ilonour—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 signingtha
plaintiff t
it Nirff
withl I 1 food
cost.
condition,s and nitt4t find for
the
Verdict for the plaintiff with costs.

FATAL ACCIDENT AT A YACHT RACE.—During
the Prince Alfred Yacht Club Match from Holy-
head to Kingstown, on Saturday, a man fell overboarl
from the Dions. 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 Done 'and a boat got ant, that the
man had sunk before assistince could reach him. Nine
started, and the Torch won the first prize, the. Amber
Witch the second, and Luna the third.
CAPTLiRE OF A GOLDEN EAGLE Ir. A TRAP.--
On Monday, Donald Macfarlane, gamekeeper to Mr.
Patrick Small Kier, of Kindrogan, set a large trap to catch
a fox on the hill'of Blaveligs, on the estate of Kiudrogan.
On going to the trap some time after he had sot it, Mr.
Macfarlane, to his great surprise, found that, instead of
roynard, a splendid golden eagle had been trapped. The
weight of the bird is fully 121bs. 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 tho measurement was 3'feet 5 inches. The head rnea-
sured•3 inches round, and. the bill was 3 inches in length
and 21 round. The bird is'one of the finest specimens pt
its hind over seen in the diStriot.—Aunclee Adver•tieer.