The Sun.
London, England, 1835-12-01 00:00:00

DAY.)

ye already oc•
be case cone
an injunctioe.
the defendan'
)urpose of ob•
ito between t
The facts °'
gentleman 86
;hire, had bee°
esided at OW
my occasions
bligations be
Wilful manner
e he had said
vere illness 0f
the defendant,
ant, to give to
t's death) tb°
saved his lilt?,
3e first day oil
greernent wae
over, in order
d to
it appearP
Df a letter; °P
illeged agree"
espect to itll)!
en on the I,4t°
le also state+
testator at
Gould have a°
1 capacity f°.
an agreemell'
To this 31r.
ad desired.the

to Mr. Be"
3 to the tits,
:ount bobks
leys, after the
he had been
other circura;
irned Connie`
Fact the agrat
had been. Or
nn the whole,
aving been of
a
)perative; an
p
the injunctioni
the purpose °

The defend'
rdinary state'
extraordinary
ould for ever
to the blush'
Lour of an 10-
an agreement
at the testator
cation to 111
fact? Wl'
that his so"'
Lnt's bill in the
; of 301., r 6;
)s., stating,
as paid the ft"
enurious habit/,
nail amount
,;
asked, give t,
IL The thio!,
!I, after going
Ist elaborately
Court Weld

1
RAM and 0

could not '°
means of wit,'"
efore the Pu'n,
than allowill4
s opinion, tunt
an agreenle f
the interests 0
le acceleratioo,
[oncur was. Ti
.esult of whfii
oceeding wl

ive for the W`,
rtgage moll%
but paid

DAY.)

s) stated the
wile and Co;
)etween 1-4°";
from Thatny
employed.. to.
bit of drivil3
and brine°s
anal pace
h that Wile
p with pert
regular
ich coacbalen
gallopil
t Bramble hato
t intemPerA 0
eared that °it
no- the coaxkr. Wiln9°
erson comics
that the cle;
hat he was of
ders could g
orse, knockvo
sustained °
of his horsci
I pay a„ „
Itis
oprietors,
n, he bOl7O
cards the cos,
2t had oblige'
it action
he
icurred by t

defendant
ng of the 15
I Dixon, b.
1110
nt was on u.
the footPa,,es
fifteen
of an n°
of
• e
)out nine 0
011 ow
o the othej
He was PP.
his horse.

rezollects the

DOB DEM. NASH. V. BIRCH.

29th of March, 1834. The defendant drove very furiously
through Redburn that'evening. The Wonder, which is also
a Shrewsbury coach, came into Redburn about the same time,
and started before the
,Nimrod.. The Nimrod is not exactly
an Opposition coach to the Wonder, but they travel the same
road.
Mr. Fairbourne, a solicitor, had been instructed by Saunders
to take proceedings against the proprietors of the Nimrod.
Re was subsequently paid his costs, amounting to 28/., on the
action being stayed.
John Jobson, son of one of the proprietors, deposed that
the proper rate of travelling was nine and a half miles per
hour. The distance from London to Shrewsbury was 155
miles, and the time allowed was sixteen hours, including
twenty minutes for breakfast and twenty minutes for dinner.
The time lost in taking up luggage and passengers was to be
made up by the coachman. The Nimrod generally took half
an hour more than the Wonder to perform the journey.
Mr. THaSSIGER addressed the Jury for the defendant. The
Present action was one of a very extraordinary nature, and
considering that the defendant had driven coaches for some
one or other of the proprietors for twenty years, and that he
was thought a fit person to drive the Nimrod after the accident
had occurred, it would have been more to the credit of the
plaintiffs if they had refrained from bringing it. He would call
witness who would distinctly prove that the accident was en-
tirely owing to the conduct of Saunders himself—that he could
never have recovered compensation from the proprietors, and
that they had no right to bring the present action against the
defendant.
Joseph Kempson, guard of the Nimrod.—The Wonder and
Nimrod generally left Shrewsbury at the same time. During
the time he was guard of the Nimrod, it was an opposition
coach to the Wonder. Two of the proprietors had told him,
if he did not keep up with the Wonder he should be dis-
charged. In consequence of these orders, they were obliged
to go some short stages 14, 16, and 18 miles an hour On
the day in question, two of the proprietors drove about
86 miles of the journey. The Wonder was about
200 yards ahead of the Nimrod, when witness saw Saun-
ders and Dixon coming towards him. They separated
and the Wonder passed between them, and they then joined
again, on their own side. Had they remained in that position
no accident would have occurred, but Saunders attempted to
cross the road, and the leaders caught him. The Nimrod was
not more than a foot beyond the middle of the road at the
time. There was a space of between seven and eight feet be-
tween the coach and the foot path where the horsemen were.
Lord DENMAN—Whose fault do you think it was ?
Witness--I can't blame either party, it seemed to be quite
an accident. In a conversation with one of the proprietors, he
told him they were driving at the time about 14 miles an hour.
John Morris, Thomas Askill, Abraham Newland, Joseph
Attwood, and Matthew Elmes, were subsequently examined.
They all gave the defendant an excellent character for steadi-
ness as a coachman, and corroborated the testimony of Kemp-
son as to the speed of the coach, and the wish of the proprie
tors to keep up with the Wonder. A letter from the plaintiff's
attorney to the defendant was put in and read, stating that if
his costs, 71. 155., were not paid, he was instructed to proceed.
Mr. CRESWELL replied.
LORD DENMAN having summed up at considerable length,
the jury conferred together for some time, when the foreman
inquired if they could reduce the amount of damages?
LORD DENMAN—I am afraid you cannot. You must give
the entire if you think the plaintiffs entitled to recover.
The Jury again consulted together for a short time, and re-
turned a verdict for the defendant, which occasioned some
marks of approbation among the spectators.
The Court rose shortly after one o'clock.

EXCHEQUER COURT-(THIS DAY).

Mr. Sergeant BomPas (with whom was Mr. PETERSDORF)
stated that this was an action of ejectment brought to recover
possession of the house No. 119, Crawford-street, Maryle-
?one. The plaintiff's agent entered into an agreement for the
auuse in question with the defendant, for 7, 14, or 21 years, at
the rent of 60/. a year, the defendant within three months to
Put in a shop front and repair the premises. He took posses-
sion of the house in May, and in place of erecting a shop
Nut, he merely put in large-sized panes of glass and made
the windows 18 inches wider ; but the matter of which Mr.
Nash had most reason to complain was that the defendant had
?Pened the house as a beer-shop, of which Mr. Portman
Loudly complained, and the plaintiff was liable to him in a
Penal rent of 100/. a year for every year it was in that trade.
There was not one person in London who would be imposed
upon by the defendant's apology for a shop front.
Mr. Jocelyu,,a builder, knew the premises in question ; the
windows were about a third larger than before Mr. Birch
Vent in.
Cross-examined by Mr. EARLE—Witness was present
When Mr. Birch and the agent for the plaintiff concluded
the agreement. The defendant told him that he wanted the
house for a coffee-house and dining-rooms, and he would sell
rt was to be a business similar to the West End
dining rooms.
Air. Lloyd, a surveyor, of twenty years standing, said the
Lent " a shop-front" was well understood in the building trade.
The front in question was not a shop-front ;it was a mere
Parlour-front, with the windows a little enlarged.
Mr. James Elmes, another surveyor, Mr. Monk, a carpenter,
4,11 d Mr. Hewlett, a carpenter, said there was no imitation cf a
nep front in the house in question ; it was a regular parlour
front.
Mr. Barnard and Mr. Bird, architects, gave similar tes-
timony.
th Mr. Choles acted as agent for the plaintiff in the letting of
ellciuse in question, and confirmed the former witnesses.
Cross-examined—Mr. Birch did not say a word about
telling beer, or he would never have got•the house. It was to
bee dining-house on a genteel scale. Was at the house when
the alterations were being made, but made no complaint. The
Plaintiff's son lived next door, and he made no complaint.
Mr. EARLE, for the defendant, said the action was a mere at-
had to rob Mr. Birch of a larg e sum of money which he
been obliged to spend in the repairing and painting of
tT2e premises. The form of the front was not the cause of
i;ie action—that was a mere after-thought, for it was found
that no business at all could be carried on in the premises,
without subjecting. Mr. Nash to a fine to his superior landlord.
fee held a notice in his hand which was served upon the de-
wdant almost as soon as he had got the premises in a fit state
for his business, wherein not a word was said about the form of
the premises, but was a notice from the plaintiff to the defen-
i:aet not to carry on any business, or if he did, he was to be
liable for the damage done to the plaintiff. There was
t° doubt but that this was such a shop front as the parties in-
ended at the time of making this contract, and they now
brought
architects to prove technical terms.
j Nlr. Smith, a carpenter, was called upon by Mr. Birch in
one last to repair the premises in question. He put in ma-
iii:llgany window flames, 4 feet by 6 feet, and put up swing-
utters, the same as shop-fronts usually had. He had seen
113' such fronts as Mr. Birch's.
Samuel Higgs a builder, was at Mr. Birch's, and thought
ue alterations had not made a shop front, though it was very
Pl'oper for carrying on the business of an eating house.
John Nash, son of the plaintiff, was his father's agent dur-
g his illness. Saw the alterations that Mr. Birch was
as Making while they were going on. Never complained of
them.
dn as his father was so ill that he could not communicate
" him. In consequence of a communication from the
:gent of Mr. Portman, a notice was served upon Mr. Birch
lint to carry on any business on the premises, or he would be
iable to any damage the plaintiff might sustain if he did.
to
his father from time to time, but he was too ill to attend
11.4313, business. Witness went and demanded rent from Mr.
:eh, but that was not by his father's authority. Mr. Birch
offered the 15/. rent if vi itnes's would hold him harmless from
in Portman's penal rent, which was 251. Witness refused,
"ua the rent was not paid.
Mr. EARLE offered several documents in evidence, which
Were refused by his Lordship.
$1,1‘11% Sergeant BOMPAS replied, and his Lordship having
"tilled up.
The Jury found a verdict for the plaintiff.

INSOLVENT COURT.-(THIS DAY).

111 r. George Blurtori, a Lieutenant in the Navy on half-
ir, applied upon his petition to be discharged. His ap-
, cation, which was unopposed, was supported by Mr.
-
If The insolvent stated his half-pay to be 881. a-year, and
's Wife had an income of 40/. He had nothing to give up
hl' Lis creditors. His debts were 847/., of which sum he
13.:11(1 received no consideration for 4441., having accepted
w IS of exchange for the accommodation of his brother, who
as in the wine trade, to that amount. He was now in
but he expected some assistance from an uncle.
Tie Learned CHIEF COMMISSIONER lectured the insol-
ilent on the folly of accepting accommodation bills without
e Could pay them. No man had a right to do so ; and
oe might consider himself extremely fortunate in not being
PPosed, more particularly as he owed debts himself.
insolvent said his debts were of long standing.
the COMMISSIONER said that made it the worse ; as he
lmd not pay his old debts, he should not have involved
self in new engagements. A bona fide holder considered
that an acceptor could pay the bill.
• -17. COOKE could not justify the accepting of the bills.
Nienom.s appeared on the part of the executors of
tl'e insolvent's Navy agent, for a portion of his pay.
sr. COOKE resisted it, on the ground that his client had
4
Wife and six children to support.
~ •
1110 COMMISSIONER warned him as to his future con-
4:let, and refused to set aside any discharged as it might again
v°lve him in difficulties. He was .

The Duke of Buckingham has been suffering from
attack of gout, accompanied by a violent cold, but his
~,!.ace is now newly convalescent, and able to take his daily
at Stowe.
ph,fhe Rev. Edward Fane has left Grantham for
Lady Ball ; Lady Caroline Powlett, for London ; and
Darlington, for the hunting countries.
-"IARALEBONE PAROCHIAL COMMITTEE.— A
Meeting of the above Committee took place last night at
Clarks Rooms, Holles-street. Cavendish square, Mr. Curtis
the chair, when Mr. Robinson brought forward a motion
to
the effect that Mr. H. L. Bulwer's appointment, as Se-
thte'‘arY of Lega tien at Brussels, did not necessarily compel
Hon. Member to vacate his seat for the borough of
oal".viebone. On the motion of Mr. Joseph, the further
tunideration of the subject was unanimously Fostponed
l
.t 4 Monday next.