The Sun.
London, England, 1858-12-11 00:00:00

SINNOT V. FULLER.

His Honour, the Master of the R Als, in deliver-
ing judgment, said I have looked into the
evidence in this case, and I find that the real
cause of contention is the amount that the mortgagee
in possession has to pay the mortgager. He says £B5O is
all that was due, and upon an accounting £5O additional
is found to be due. And then comes the question of costs.
I must adopt the principle laid down by Lord Langdale, in
cases where the result of the disputed accounts is trifling,
to make each party pay their own costs, because each- dis-
puted item would become a suit itself.—Decreed ac-
cordingly.

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)
AGENT AND PRINCIPAL-CORNISH V. HMO/MAN.
Mr. Beard appeared for the plaintiff, who sought to re-
cover a sum of £5 3s. Id. twice paid. The question involved
is of considerable importance to the mercantile community,
as the following evidence will show : Upon a certain day
a traveller, named Smithers, employed by defendant, called
upon plaintiff for an order, and duly received one. This
order was executed, and the goods and invoice were dc-
livered to plaintiff in the usual manner. A short time
elapsed, and then Smithers called for the amount, £5 3s. Id.,
which was paid him, and for which he gave the customary
stamped receipt, signed with his name for his employer.
This was about the middle of July. On the 29th of the
same month defendant himself called, and applied for X. 5
3s. Id. Plaintiff's books not being posted up, on referring
to the ledger he found the amount entered as unpaid, and
accordingly gave defendant his money, and received back
defendant's own receipt. After his dQparture, something
struck plaintiff he had already discharged the account on a
previous occasion, and, referring to his books, he found that
it was so. He immediately communicated with defendant,
and, after many futile endeavours to get back his money,
took out the present summons.

Defendant contended 'that plaintiff had paid this money
to his own loss. He had no authority to pay Smithery, who
was merely an agent for the collection of orders.

Mr. Beard called his Honour's attention to the fact that,
had defendant been anxious to have denied Smithers' autho-
rity, by would have marked upon the invoice, " Pay no one
but our Mr. So-and-So," or, " Our Mr. So-and-So will call
in due course." Nothing of the kind was done, and plain-
tiff was entitled to his money.

His Honour thought he was too, both in law and in jus-
tice. He had parted bona fade with his money, and was
entitled to•a verdict.

Verdict for the plaintiff, with costs.

POLICE INTELLIGEXCE.-(TRIS DA E)

MARLBOROUGH-STREET.

"BBOWN, JONES, AND ROBINSON."—SINGULAR CASE.
—George Blackman, butcher, Newport-market, John
Arnold, ham and beef shopkeeper, Brewer-street, and James
Arnold, James-street, Oxford-street, ham dealer, were
charged with being drunk and disorderly.

The case created great interest in a crowded court, from
the fact that two of the accused had been to the station to
complain of the conduct of the constable who had taken
them into custody.
Mr. Lewis, of Great Marlborough-street, appeared for
the accused.

Winters, 115 C, said he heard the accused in Brewer-
street that morning about 2 o'clock, making a very great
noise. Told them they had better go indoors, if they
wanted to make a noise. Blackman said, "If you wait a
hit I'll give you some goose," and that he (the constable)
was "waiting to commit a robbery, like the D man." James
Arnold then said, "No, give him some rabbit pie." Wit-
ness went round his beat, and on returning found two
other constables trying to remove them.
Cross-examined—Was not put out because of the re-
mf

Aark about the rabbit pie. Did not say he knew the ac-
cused as " street walkers." Had heard one of the Arnolds
had been to the station to complain of him. John Arnold
said, " All the - thieves shall not take me." Saw them
get into a cab and told the man to drive to Vine-street
station. They did not call the cab. Blackman was very
drunk, the others not quite so bad.
Sayles, 116 C, proved seeing the accused making a ter-
rible noise, and said he heard them a quarter of a mile off.
Mr. Inspector Bowles. of the C division, said that the
accused John Arnold came to the station and said he
wanted to complain and have protection against the whole
C division. Told him to come when sober, and he would
listen to him. On their afterwards being locked up in the
cell, John Arnold hammered at the door and made a ter-
rible noise.

Mr. Lewis addressed the magistrate at great length on
behalf of the accused, saying that he \yes instructed
that the reason for them being locked up was that
the constable had felt his dignity hurt by the re-
mark about the rabbit-pie. He was also instructed that
tw•o of the accused were not drunk, and calhd

Mr. Thomas Baker, of the Crown, Brewer-street, who
said that John Arnold was a " little on," but the others
were not drunk—only elevated. They were the worse for
drink.

Mr. Bingham said, if he was in the IN itness's trade, ho
should say the " better" for drink.

Mr. Inspector Webb said they were bailed out by another
publican, at whose house they had spent some time.
"Wilson, a cab driver, was called, and on getting into the
witness-box, said he wanted his fare. He was called by
the accused to take them to Vine-street station, as they
said they were going to complain of the constable.
Mr. Bingham said he was quite satisfied with the case,
and that the constable had spoken the truth. With ordi-
nary drunkards he only imposed the fine of 55., but with
persons of the accused's station he should deal differently,
and fine them 20s. each.

LONDON CHARTERED BANK OF AUSTRALIA.-
At a meeting of this company held yesterday, Mr. Duncan
Dunbar in the chair, a dividend for the half-year ending in
June was declared at the rate of 5 per cent. per annum,
free of income-tax. The discussion turned almost entirely
upon the question of increasing the distribution by au
additional 1 or 2 per cent. Two proposals were made
for that object :—the first involving a reduction in the
£lO,OOO, to be appropriated to the reserve fund, and
the other lessening the amount to be carried forward.
In explanation of the course recommended by the
board, it was stated that the available balance arose
not merely from profits in 1858, but also from sums
realised in 1856 and 1857, and that the difference
in interest, from the low value of money, will
probably affect the earnings of the succeeding half-yoar to
the extent of £3,000 or £4,000. With regard to the reserve
fund, a list of the reserves of the various local banks was
read, by which it appeared that in this point the London
Chartered of Australia contrasted unfavourably with the
others, and that the proposed appropriation was therefore
desirable. The explanations of the directors were considered
eonnt Charteredonpracticet
te
perfectly satisfactory to the great body of the meeting, au
amendment to increase the dividendtioefLoolldw thei obtainingumo
onlyed
being supporters.interestis
obliged,
still
1 n
haolawlno sive-eedrrotu
lino al
dvi equestionmsi t the
was
ly,
of its competitors.

THE CIVIL SERVICE.--WAR DEPARTMENT.—
Mr. John F. Smith, commissary-general, has bent
app-
pointed commissary-in-chief at Pall-Mall, the office of di-
rector of the commissariat, vacated by the retirement of Mr.
Samuel Petrie, C.A., being abolished. Mr. Carpenter and
Mr. Watt, commissariat officers, have been transferred to
Pall-Mall. Inland Revenue Department.—There is a va-
caney for an assistant-surveyor of taxes. Commencing
salary, £9O per annum. There is a vacancy for a junior
clerk in the Registrar of 'Warrants Department, Somer-
set-house. Commencing salary, £9O per annum. There
is a vacancy in the Registrar of Licences Depart-
ment, Somerset-house, for a junior clerk. Com-
mencing salary, i'9o per annum. Mr. Spencer H. Spear
has been appointed to a junior clerkship in the Accountant
and Controller. General's Department, Somerset-house. Mr.
Jamcs Michael, registrar of bankers' returns, and Mr.
Richard Brown, clerk to the registrar, have been incor-
porated with the Registrar o Licences Department,
Somerset-house. St naps and Taxes Branch.—Mr. George
Best has received his appointment as supernumerary
surveyor of taxes; Mr. Henry Eldred has been ap-
pointed a supernumerary surveyor of taxes ; Mr. George
Harrison has received his appointment as supernu-
merary surveyor of taxes. Customs. Mr. William
Robertson (late Controller of Customs at Picton, Nova
Scotia) has been appointed a clerk in the Examiner's-uffic ).
London ; Mr. T. NV . Brooke has been appointed a clerk
for general business at Liverpool. Ireland.—The office of
military store clerk, first class, Ti r,eon-house Fort Dublin,
has become vacant by the death of Mr. J. D. Blyth. The
Chairmanship of Armagh has b_c me va a-rt, by t le resig-
nation of Mr. Tickle, Q.C. East Indies.—The office of ad-
rainiitrator-general and registrar of the diocese of Bombay
has become vacant by the death of Mr. Standen. Ceylon.
—Mr. J. Selby had been appointed deputy-registrar of the
Supreme Court, and acting registrar. Cape of Good Hope
—The auditor-generalship of the Cape has become vacan
by the death of Major William Hope.—Civil Service Gazette