The Sun.
London, England, 1845-12-02 00:00:00

COLONIAL.

SUGAR.—The market for British Plantation is heavy, and,
inclusive of those sold by auction, only about 200 casks have
found buyers. The public sales have been rather numerous.
consisting principally of 193 casks, 31 barrels St. Lucia ; 4,508
bags Mauritius ; 2,950 bags Bengal ; and 749 bags Madras,
all of which went off heavily, and only about one half sold,
in some instances at a decline of 6d to Is, but this reduction
was not generally submitted to. The St. Lucia brought 47s
to 52s for good brown to good bright yellow, and 46s Gd to
53s for good greyish brown to fine yellow Mauritius. Pri-
vately a cargo of brown Bahia has been disposed of afloat at
21s 6d, deliverable in London (for refining in bond), the
buyers paying the landing charges. The quantity of British
l'lantation landed last week at the East and West India
Docks was 1,634 hhds, 100 tierces, 16 barrels, and there were
taken for home consumption 1,258 hhds, 123 tierces, 150 bar-
rels. The stock in the same places is 10,910 hhds, 1,450
tierces, 1,742 barrels.

COFFEE.-1,850 bags of Ceylon (B. Plantation kind), 400
bales Mocha, and 1,183 bags East India, have been offered by
auction; all the Ceylon found buyers at 52s to 63s for fine
ord brownish to mid colory quality, being about the previous
value. Only part of the Mocha and East Indian were dis-
posed of, the former at 48s to 58s Gd for ord to mid mixed
quality, and the latter at 21s for ord Sumatra. and 23s to
23s 6d for good Padang, being for the East India rather
cheaper. The remainder was taken in above the value.

Itum.—The quantity landed last week at the East and West
India Docks was 463 puns, 128 hhds; there were taken for
home consumption 204 puns, 15 hhds, and exported 165
pups, 67 hhds. The stock in the same places were 12,819
puns, 1,098 hhds. A Government contract for 100,000 gallons
(not more than one-half to consist of East India) was taken
on Friday last by one house, at a trifle under 2s 2d for proof
strength.
Ric E.-2,007 bags East India, and 645 bags Italian, at
auction, chiefly sold at 18s to 19s for low yellowish white;
Bengal, 16s to 16s 6d for yellow cargo ditto; and the Italian
at 193 to 20s for mid white (Madras or Java kind), which
prices are fully 6d lower; mid to good white Java was taken
in lit 22s to 245, being above the value.
;ALTPETRE.-1,857 bags at auction sold at 27s to 27s Ed,
one: lot at 28s, for 103 A to 4 per teat. refraction, which are
tirtaer rates.

..iI'ICEAL-1,347 bags Pepper chiefly found buyers at Thd to
2',VB d for good black Batavia and Sumatra, being a shade
cheaper ; half heavy Malabar was taken in at 314 d.
'CALLow.—P.Y.C. is 40s per cwt. on the spot, and Town
4.5 per cwt.
:rEA.—The market is quiet.

EXCHEQUER.-(THIS DAY.)
Sitting's after Term, before the LORD CHIEF BARON and a
Common Jury.)
TAYLOR V. SOLLEY.

This was an action of debt for work and labour done,
aml money paid and laid out to the use of the defendant,
to, which the defendant had pleaded that, except as to

10i . 10s., he never was indebted, and that sum he paid into
Co art. The plaintiff replied that he was indebted in a
larger amount, and upon that replication issue was joined.
*Mr. Crowder and Mr. Petersdorf appeared for the plaintiff,
and Mr. Smith for the defendant.

Mr. CROWDER stated the plaintiff's case. The plaintiff
s !its an auctioneer and house-agent, carrying on business
i a Grosvenor-street, and the defendant was a gentleman of
property, who in the beginning of this year married Lady
',Sykes, the widow of the late Sir Francis Sykes. The action
was brought to recover 331. 45., for business transacted by
the plaintiff in respect of a house which was the property cf
Lady Sykes, and which she was desirous of disposing of.
The jury were no doubt acquainted with the ordinary busi-
ness of an auctioneer and estate-agent. It was to find
a customer for a seller, and a seller for a purchaser. Lady
Sykes was the lessee of the house No. 6, Grosvenor-street,
and early in February last she applied to the plaintiff, ac-
companied by her husband, Mr. Solley, to let it for her fur-
nished. The plaintiff undertook to use his best endeavours
to do so, and sent two of his men to take an inventory of the
furniture, inserted an advertisement in the newspapers, and,
in fact, took all the ordinary steps for letting the house. In
March, the house not having been let owing to the terms
being too high, Lady Sykes took it into her head to let the
house unfurnished, but the terms she demanded being still
exorbitant, the plaintiff was unable to let the house. Lady
Sykes then determined upon selling the lease, and the
plaintiff took the usual steps to dispose of it; but in the
month of June the plaintiff suddenly received a letter from
Lady Sykes, to the effect that she had commissioned Mr.
Phillips to sell the lease of her house on the 20th of Jane,
unless it was previously disposed of by private contract. The
price asked for the lease was 4501., but the highest offer the
plaintiff had succeeded in getting for it when he received
this note was 3001., which was made by Mr. Vaughan, a
builder. The plaintiff sent this gentleman to Mr. Phillips'
sale, and he ultimately became the purchaser of the lease.
The plaintiff therefore claimed his commission on the sale,
Mr. Vaughan having obtained the information of the lease in
the first instance from his offices; but the defendant refused
to pay it, and the result was the present action.
Evidence having been adduced to prove the business done,
and the reasonableness of the prices charged for it,
Mr. V. VILLIAMS addressed the jury for the defendant,
contending that the ten guineas which had been paid into
Court was an ample remuneration for the trouble the
plaintiff had been put to. The plaintiff did not dispose of the
lease, because it was taken out of his hands before he could
do so, nor did he give Mr. Vaughan the first information
that it was to be disposed of. All that he did was to tell
' Mr. Vaughan tha terms, and Mr. Vaughan afterwards at-
tended a sale, which was announced by public hand-bills
and advertisements, where he bid the highest sum, and the
lease was knocked down to him in the usual form.
The LORD CHIEF BARON, in summing up, remarked that
t here was no evidence to show that the lease had been dis-
ts used of through the instrumentality of the plaintiff ; on the
~t, eitrary, it was admitted that before he could dispose of it
a ir an estate-agent, it was taken out of his hands, and in law
the refore, he was not entitled to recover commission on the

I he jury appeared to differ with his Lordship, and wished
to ze•turn a verdict for the plaintiff.
The Loi) CIIIEF BanoN said the jury would forgive him
for • telling them that there was no evidence upon which they
co aid ,find a verdict for the plaintiff beyond 101. 103., the
an 3ount paid into Court.
The jury under these circumstances found a verdict for the
de Pendant.

COMMON PLEAS.—(THIS DAY.) •
(Satings at Nisi Prius before Mr. Justice CRESSIVELL and
a Special Jury.)
CLARK V. DUNSFORD.

'This was an action for crim. con., which occupied the
Co urt the whole day, and in which the case for the plaintiff
wa 6 not concluded when we went to press.

COURT OF RE VIEW-(THIS DAY.)
(Before Vice Chancellor KNIGHT BRUCE.)
MtBOIJIN V. ItEAY.I
TI to plaintiff appeared on petition, praying to be allowed to
pro vt against the separate estate of John Reay, sen. Goods
wer a sold and delivered to John Reay, sen., and Co., and the
usua T. contract for the debt was framed in the name of that
firm ; but it turns out after bankruptcy that the only other
nomil uftl partner is John Robert Reay, nephew to the other,
whose Linterest in the concern, if interest it might be called,
anfoun.',, A only to this, that the nephew, previously clerk and
salesma tl, received, in consequence of a promise
by the, uncle to take him
.into the business, a
contract to the effect that he should receive a xed
amount out of the profits of the business, besides cer-
tain allo games for expenses, the nephew continuing town
salesman, .and being unaffected by the debts or profits of the
company. It was, therefore, contended on the part of the
petitioner, that he had a right, by all the case 9 in the books,
to prove ag. tinst the separate estate of the elder Reay. The
rase excik d very great interest among the gentlemen of the
bar.
When arguments were heard, his HoNoun felt it was a
case of difficulty as well as importance, and on all the cases
cited, he could not decide that John Reay, sen. is separately
indebted, feelint ; he could do no more than give an opportu-
nity of bringing an action at law.
It was finally V.rranged that the bankrupts should bring an
action, that there• should be a plea of abatement on the part
of the creditor, Mr..., t.rbouin, and that one or both of the bank-
rupts 'nigh't be ex..am ineti as witnesses.

BANKRUPPTCY.-(THIS DAY.)
.(Before Mr. Cotnmissioner SHEPHERD. )
IN RI YEOMAN.

In this c ase the insolvent was opposed on the ground that
he had not . inserted the whole of his debts in the schedule.
The insolvt !nt admitted that from one of his creditors he had
received gyods to the value of 201. more than he had put
down, ha vii ig given a bill of exchange for the amount.
The So ucrron contended that the giving the bill did not
relieve ins olvent from the debt—he was either debtor for the
goods or tl to 1.411.
Mr. 'lnc utt...;, for the insolvent, urged that the acceptance
of a bill wt is a discharge of the debt, although subsequently
the debtor migiit become liable on the bill if it was dis-
honoured. It was precisely the same as paying a bank
bill or note:— say of a country bank—which was clearly re-
ceived in nafasfantion of the debt at the time, and if it was
kept by for some :ime, and then the bank broke, the debtors
were neither liable 170 r blameable. In this case he insolvent
had endorsed the bill, but, supposing the rules as to present-
ment and no tice were not followed out, he would be dis-
charged from his responsibility.
The opposin g SOLICITOR said that, however the nature of the
liability was • changed from the goods to the bill, yet it was
clear that the . Act contemplated that the full amount of the
debts and ities might be inserted ; if, on the contrary, the
mere giving a 1. ,ill would reduce the debt, any friendly cre-
ditor might. reveive a bill, and so reduce the amount of a
trader's debts from a large amount to below the 3001. He
also urged that in bankruptcy creditors might prove on
undue bills and colloteral securities.
The I ,earned ColibussioNEß said, that in that case they
were ea' rrying out spocific directions. In cases of insolvency,
Like the present, the Act did not require that liabilities should
be ente red, it distinctly inentionea "debts." It was clear
that at the utmost there was only a contingent liability, who
was to say that the bill would not be honoured ? Under the
circum stances, he had no hesitation in saying that there was
no deb t, and that in this instance tLe schedule was correct.
This objection, the first of the kind raised, was overruled.

CAS VERSIONS TO THE ROMAN CATHOLIC CHURCH.
Mel ley. Messrs. Glennie, Marshall, and Coape, three cler-
nien,of the Church of England, were on Wednesday last
re :eived into the Roman Catholic Church, at St. Mary's
C. 'liege, ()scat. The former is a member of Trinity College,
C ainbridgx, ; the latter are of Oxford. Mr. C. Woodmason,
irt of Dlr. Woodmason, of Littlemore (who with his lady
h ad been praviously received), was admitted at the same
t me. Mr. Gianni° was, we helieve, heneficed in the diocese
of ',Ext ter.