The Sun.
London, England, 1859-06-24 00:00:00

LAW INTELLIGENCE.-:-(THISiDA 7. )

COURT OF COMMON PLEAS.

(Sittings after Term—Befsre Mr. Justice Crowder and a
Special Jury.)

HORNIMAN V. THE LONDON AND NORTH-WESTERN
RAILWAY COMPANY.

This was an action instituted by the plaintiff to recover
a sum of £2O Gs., for loss resulting from an alleged breach
of contract by the defendants.
From the opening statement of counsel, it appeared that
the plaintiff is a fish and fruit salesman, carrying on busi-
ness in Billinsgate-market, and the declaration set forth
that the defendants undertook to convey 32 boxes of oranges
from London to Birmingham within a given time, which
they failed to do, and in consequence plaintiff sustained loss
to the amount specified. The defendants pleaded that they
had duly cpnveyed the goods to Birmingham, but they
had been unable to discover the address of the party to
whom they were consigned. On the 14th of June the

plaintiff received a telegraphic message from a person
named Braines, a fruit salesman at Birmingham, to send
him without delay a qUantity of oranges, which he accord-
ingly forwarded by the London and North-Western Rail-
way, at seven o'clock on the same evening, and they were
to arrive at six o'clock on the following morning. They
were ordered specially for the 15th of the month, the day
on which the Queen was expected to visit Birmingham ;
but they were not delivered, and on the 17th the plaintiff
received them back. He then sold them at a loss, for
which, as well as the amount of the carriage, the present
action was brought.
Charles Plowman, the plaintiff, proved to the goods
having been deposited at Messrs. Chaplin and Home's to
be forwarded to Birmingham, and to their having been
returned to him. When he received them back, though
'some of them were sound, they were generally in a
damaged condition, and considerably deteriorated in value.
The goods were directed to "Robert Braines, fruiterer, at
Birmingham." The plaintiff had been in the habit of
forwarding goods to him so directed.

Lewis Elliott, a clerk in the employment of the plaintiff,
gave some corroborative testimony as to the forwarding of
the goods, and to their being returned damaged.
Mr. Robert Braines said that on the morning of the 13th
of June, 1858, he applied at the goods department of the
North-Western Railway station at Birmingham, but could
obtain no information relative to the oranges. He was told
that all the goods which had come by the train were on the
platform, and he searched there but could not find the
oranges. He was in the habit of receiving goods directed
to him simply at Birmingham and other places, and they
reached him in safety. The Queen arrived that day and
the streets were barricaded, but if the goods had been
pointed out to him at the station he could have con-
veyed them without difficulty to his place of business. He
swore positively that it was not usual for him to call
for goods forwarded by railway, but that they were de-
livered to him by the company when directed in the way
described.

Some further evidence was adduced to prove that it was
the practice of railway companies to forward goods when
they were directed to be called for, and that the oranges
were sold at a loss, which closed the case for the prosecu-
-3O tion.

For the defence it was contended that the goods duly
arrived at Birmingham on the morning of the 16th du.ne,
1858, and that articles of a perishable description had been
delivered early that morning in consequence of its being
apprehended that the streets would be impassable as the
day advanced, owing to the visit of her Majesty.
Every effort had been made to discover the where-
abouts of Mr. Braines, but without success, and at
the hour when he stated he applied at the station it was
impossible that he could have removed the goods from the
state :of the streets. It was also deposed by one witness
that the goods were not claimed, and that a telegraphic
message had been despatched to the plaintiff for further
directions to enable the servants of the company to deliver
them to Mr. Braines. It, was further deposed that on
the morning in question no truck, or mode of conveying so
large a quantity of goods as were consigned to Mr. Braines,
could be procured in Birmingham.
Mr. Lush, Q.C., and Mr. Powell were counsel for the
plaintiff; and Mr. Mellor, Q.C., and Mr. Giffard for the
defendants.
The jury found a verdict for the defendants.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
THE ROYAL. BRITISH BANk-DIVIDEND.

To-day was appointed for the declaration of the further
dividend of is. in the pound under this estate.

Mr. Linklater for the assignees referred to a claim by
Messrs. Nixon and Dillon to prove against the estate in
respect of certain shares bargained for by them, just before
the bankruptcy, under circumstances which they considered
entitled them to have the money returned, or that they
should prove against the' estate. A state of facts
had been agreed on for tßisHoLour's decision, but in
the interim the otlAia`l*sinhger had made a claim
on them as contriliutOrirg,c,'Atid that question was now in
Chancery. lie (Mr. Link Tater) now had to urge that the
claim should be expunged; so as not to interfere with the
dividend. now proposed to be paid. The oase had stood
so long that the claimants would not be injured by letting
the matter stand over until the final dividend, for had the
case been argued before his Honour and the decision was
unfavourable there could be no doubt that an appeal would
be entered, and that could not be decided until November
at least.

His Honour did not consider he ought to expunge the
claim, it ought to remain so as not to interfere with the
present dividend.
The case of Mr. Law, of the Victoria Tavern, Holloway,
was then brought before the Court. It was similar to the
above as to facts, but he had refrained from claiming as it
had been understood that the case was to abide the result in
the previous case.
Mr. Reed supported on the ground that Mr. Law ought
not to be prejudiced by a delay. To save expenses on all sides,
he said that he ought to be placed in the same position as
Messrs. Nixon and Dillonot .
His Honour concurred, and admitted the claim.
After some few applies/gong of no general iinportance, it
was announced that arrangements would be made for the
payment of the dividend forthwith.
Mr. Johnstone, the messenger of the Court, made ar-
rangements, which will be duly announced.
A further dividend is expected, although small, under
the bankruptcy.