The Sun.
London, England, 1835-11-04 00:00:00

KING'S BENCH.-(THIS DAY•)

V. . t
This was an action aLAVENDER
gainst thePHILLI
SherMiffOßE of Hereford Of
false return, tried before Mr. Justice PARKE, at the
Hereford Assizes, in which a verdict was had (Or the ploP

tiff
Mr, dama
. Sergeant SPANKIE now moved for a new trialtiol
the ground of the verdict being against evidence, and
the Learned Judge had not properly stated the effee`l,6
the pleading to the Jury. The first count was, that wo
sale had been so improperly and negligently conduntea
Ud
to produce less than it otherwise would ; and the 56,101,
was, that the defendant had not paid over sum of :IN
due to the landlord, which he had received notice to re,
At the trial it was proved that fair prices had ben gOO%
for the property sold, thereby negativing the first, e'°,lo
and it was also proved that the auctioneer had paid
260/. to the landlord, and there was no doubt that tba l!etes
tioneer had acted in the transaction as the anereoli.iff
agent of the Sheriff. The return made by the Shad
was that he had levied a sum of 1,261/., of which he
paid to the plaintiff in execution 9341., to the landlord OA,
and that fees, &c., had exhausted the remainder.
Jury, probably having some feeling in favour of the was
tiff, a country farmer, gave him a verdict for 500/.,
apd
in any view of the case, 2601. was the sum withheld, 0
for which only the defendant was liable. The money,./Ibie
paid on the 4th March, and the writ was not returaibm
until the 7th May. The Learned Judge stated that if 51
return had been merely that he had paid the money it w° 0
have been good, but the payment by another did not see
to him
Justice COGE—What was the ground or
additional sum of 240/. ?
Mr. Serjeant SPANYIE—Nobody knows, my Lord.
Lord DENMAN—Probably on the ground of inet:6lsie
nience from the money not having been paid in time.
think you ought to have your rule, but we must see td,
brother Parke as to the ground on which it shall be gill/

SHAWE V. ROBERTS. for
This was an action upon a fire policy of insurance so,
sum of 2,5001., effected with the Norwich Insuralee tioe
ciety, and tried at Guildhall before Lord Chief bs"
Denman.—Verdict for the defendant.
_A, 0
The ATTORNEY-GENERAL now moved for a l'",0"
enter a verdict for the plaintiff, by leave of the Le
off,
Judge. The case involved several very important 4,-e0
tions, and Lord Denman was of opinion that in the fTe" of
way they could be best brought under the consideratiooo,
the Court. The plaintiff was a corn-merchant, slabitli
premises were situate at Lynn, in Norfolk, and on the #yd
March, 1830, he effected a policy of insurance uPfilidr
premises, setting forth a kiln attached, which, in Pao=
structions to the Office, he described as " a dryieg„: for
In the policy this kiln had been described as " a kiwti• 0
drying corn," although the plaintiff had in his instree":o
merely stated it to be " a drying kiln," and it 10
upon this policy the action has been brought' 00
December, 1832, a vessel laden with oak bark of
wrecked coming into the port of Lynn. The barke.,oci,
wet, and the plaintiff allowed the owner, who was a 'l.l;rbe
to use his kiln for the purpose of drying the bark. f the
drying went on for three days, and on the evening el the
third day a fire broke out, which totally consume' ell
granary, stock, and premises adjoining, to an amount 01,,,tif
larger than the sum insured. The claim of the plswoid
was resisted by the Insurance Company, on the grad
that the kiln was described as a kiln for drying cern'l,ol4
that it had been appropriated to another purpose.
Denman had submitted three questions to the Jury. fete
Whether the drying of corn, and the drying of bar'
different trades P—The Jury found they were' niol
condly, Whether they were of opinion that there wag of
danger attending the drying of bark, than the drre'be
corn ?.....-The Jury said there was. And, thirdly, vio,
ther the loss was occasioned by the drying of barkhir
Which the Jury also found in the affirmative. bit
der these circumstances, Lord Denman gave it Oper
opinion that the plaintiff could not recover, but gave The
mission to move for a rule to set the verdict aside. 000'
Learned Attorney-General submitted that on further the
sideration it would be found that the questions put it°beel!
jury did not apply to the present case. No fraud 118%01
imputed to the plaintiff—no negligence had been attri ribe
to him, and it was not contended that he had tais-den
se-eo
any portion of the premises. Any error that had bee 01
mitted was the act of the officer of the Company lc°
altered the instructions received from the plat ntr,'At
trifling discrepancy of this sort was allowed to interre""tbete
the just claim of the party insured, the usefulness 01 resi
institutions would be very much circumscribed. rteeadd
question was, whether the words alluded to were 113-of tb
merely to describe the premises, or went to a warrantloich
purposes for which the kiln should be always applied' bee°
he (the Attorney-General) submitted could not have
their meaning. a OW
Lord DENMAN—WC think you ought to have 10""
—Rule Nisi granted.
c°
WHITE V. WHENALL• gr e°sti
ty
This was an action of trespass tried before •Ar
Gazelee at the last Warwick Assizes.—VerdiCt
plaintiff.—Damages, 101. Os
Mr. Sergeant ADAMS now moved for a rule to sboY/00t)
why a new trial should not be had on the ground cif
rection of the Learned Judge. The facts were then/4
a barn belonging to the defendant had been malicilsit"
on fire on th night of the 10th of May, and the P,
had been observed lurking about the premises at a latl,ll
of the night in question, and he had also been ,tl' P.A6
express gratification at the destruction of the proe'-oittrsi
was taken into custody, and tried, but was 6°1600 't
There:was no evidence of the expression of gratificenoeli;
the plaintiff, who brought his action for false imp ring tb
The COURT did not see any grounds for distal'
verdict.—Rule refused.

THE MARKETS.-THIS D -
CORN EXCHANGE. A tbeLlJe°
The arrivals of all kinds of Grain are moderate! loin, sP-001
of Flour fair. The Wheat market presented very to/ sr
this morning, and such obtained high prices ; other 130,0000
heavy sale. Fine Barley fully maintains last rate. mots
Pease unaltered. Oats in steady demand at our forted
Flour unaltered.

ARRIVALS.
Wheat I Barley. I Oats.
4,4 q) qrs 4,6;0 qrs.
3, r„7l,r qrs.
690

I'l"
00.01
~.....,
..,'"

English
Irish .
Foreign

,IJNTR

Wheat.

Per Quarter.
Boston.
Gainsborough
GranthAm
Grimsby
liorncastle
Lincoln..
Spilsby
Stamford
fork

s. to s.
30 33

42 46
3i 39
34 37
30 40
31 33
21 35
31 35

First
Second
Third
There were