The Sun.
London, England, 1857-07-13 00:00:00

CHAP lAN AND ANOTHER V. RUDWA.Y.)

Mr. Lush Q C., and Mr. Petersdorff for the
plaintiffs; Sergeant Shee and Mr. Pollock for the
defendant.

The plaintiffs are wine and spirit merchants in
London, and defendant is a publican and auctioneer
at Birmingham. It appeared that a person named
Felton, in the service of the plaintiffs, obtained an
order for goods from the defendant to the amount
of 49(., and at the end of six months, which was the
usual period of credit, the plaintiffs applied for pay-
ment, but he refused to, pay on the ground that the
arrangement with Felton was that he was to have
12'months' credit. Felton, it appeared, had died in
the interim, and this action was brought to enforce
payment before the expiration of 12 months, the
period of credit to which the defendant considered
lie was entitled.

Sergeant Shee, on behalf of the defendant, said
it was to be regretted that the plaintiffs should have
gone to the expense of bringing this action, when
he should be able to satisfy the jury in the clearest
possible manner that the arrangement made by the
defendant with Felton was that he was to have 12
months' credit. The plaintiffs had been distinctly
informed of the, fact, and the defendant had ex-
pressed his readiners to pay the amount the moment
the period of credit had expired, but they persisted
iii goinc, on with the action. If he proved these
facts the d fendint would be entit'ed to a verdict,
but the plaintiffs had no one to blame but them-
selves for the expense and trouble that bad been
created. _ _ _

Evidence was then adduced, which clearly made
out the statement of the I,?arned sergeant-, and Mr.
G. Smith, the attorney, of Birmingham, who was
at the time concerned for th 3 defendant, proved
th it when the present action was commenced he
made a commuoication in his behalf to the plaintiff
and offered to pay the mono if the edits of the de-
fendant were paid and the action dis-montinued.
The Lord Chief Baron inquired of Mr. Lush
whether he thought he could expect a verdict after
the evidence that had been given for the defendant,
and he replied that he was afraid not.
The plaintiffs were then nonsuited.
GILLIGAN V. It ARFORD.

This cause was tried by a spkcid jury.
Serjeant Shee, Mr. Hawkins, and Mr. Locke
were counsel for the plaintiff ; Mr. C. Pollock and
Mr. Cold appear d fur the defundint.

This was an action brought by the plaintiff, a
younc, man named William Gi ligan, against the
defendant, who carries on an eaten-ive business at
St. Alban's as a straw bat and bonnet manufac-
turer, to recover damages for having caused him
to be unlawfully imprisoned upon two charges, one
of stealing a cash box, containing a considerable
sum of money, and another of stealing wine. It ap-
peared that the plaintiff was the son of one of the
'officers of the Herts constabulary, which was sta.
tioned at St. Albans, but who, it appeared, was pen.
sioned in 1850, and went t,) Jive in Ireland. InlB4B,
ther plaintiff, who was then about fourteen years
old, went into the Pervica of the defendant, and he
was employed about the warehouse awl in the
stables, and he ramained in the service, erfept dur-
ing a short interval, until the month of December
of laot year, when the occurrence took place that
was the ground of the pre,4ent action. It seemed
that Mr. Barford, who was, a widower, had married
a second wife, and that very soon afcerwards he
and his wile became mutually jealous of each other,
and that this feeling on the part of the latter wa 3
carded to such an extent that when her husband
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was out upon business she used to go af. er him to
niiseda
her on these occasion's, and, as was observed by the
gwoaotdc 11.1
oo hisk
Lord Chief Baron in the course of the case, it ar pearod that " Mrs. Barferd went out to take, (-1.- 1
'
of her husband, and the plaintiff went 4- 'are I
cate of her." This sort of pro,- "o take
naturally gave great annoyance .ceding very
and he and the plaintiff ' co the defendant,
and even resorted . 'kepi, n'ly quarrelled,
was alleged or occasionally to blows, and it
ceedine• - plaintiff that the pro-
-.me part of the 0-was an act of spite
or which he complained himself
. t to revenge
- the part of the defendant
of his wife in their
I upon Gilligan for taking the side tauces which
matrimonial squabb:w. The cireulias
plaintiff'
led to the charges being made against the
of October last,
appeased to be these : in the mouth