The Sun.
London, England, 1844-02-26 00:00:00

what in the capacity' of its 'publisher, having promised to for-
ward copies thereof to the different subscribers in India. In
the course of time defendant was paid 1,900/. on account of the
first work, and 500/. for the second, and there now re-
mained only 891. odd due to him. The balance had been
tendered, but the defendant refused to accept it, and
to deliver up the plates, printing, &c., &c., unless he
Were paid 500/. as his commission upon the transaction.
This claim the plaintiff declined to acknowledge, on the
ground that there had never been any agreement wherein
such a thing as commission had been even hinted at. In the
course of the statement of Counsel it appeared that, notwith-
standing so large a sum had been handed over to the de•
fendant, he had failed in applying it to its proper purpose,
and that several of the parties who had been occupied under
him upon the work, retained certain parts in their possession
until their claims had been satisfied.

Eventually, as in the preceding cause, the case was referred.
The jury, therefore, gave a verdict for the plaintiff, subject
to a reference ; the defendant, in the meantime, upon secu
rity being given, to deliver up those portions of the work
that were in his possession, and to give orders for the deli-
very of the rest by the different tradespeople.
-
COURT OF COMMON PLEAS, Feb. 24.
(Sittings in London before the LORD CHIEF JUSTICE and a

Special Jury.)
PHILLIPS v. IRVINE.
This was an action of assumpsit upon a policy of insurance,
brought against the defendants as directors of an insurance
company.
The-vessel upon which the policy was effected was bound
on 'S voyage from London to Bombay, or China. She was
examined previous to her departure from this port, and was
considered sound, but a short time before her arrival at the
port of destination the " cheeks" of her mainmast were found
defective. She underwent repairs in her Majesty's Dockyard
at Bombay, and was then detained there for several months,
not being able to procure a remunerating freightage home.
She at length started on ber homeward voyage, but she was
found still to be unsound, and her captain put into the Mauri-
tius. It was there ascertained that the necessary repairs
would have cost 7001. or 8001., and this being more than the
vessel was worth, she was abandoned as for a total loss, and
sold.

The pleas put in on behalf of the insurers were—unsea-
worthiness. a concealment of rotten timbers, a deviation
founded on her long stoppage at Bombay, and an improper
sale.

At the conclusion of the plaintiff's case, however,
Sergeant CHANNELL, for the defendants, admitted that the
verdict must be against him on three of the pleas, and as to
the stoppage at Bombay, he should propose that the ques-
tion, being one both of law and fact, it should be reserved
for the Court. He should then contend that the 'stoppage for
the purpose of obtaining a remunerative freightage was a de-
viation, and would entitle him to move for a nonsuit.
'Sir T. WILDE concurred on behalf of the plaintiff, and
The LORD CHIEF JUSTICE accordingly directed the jury to
find a general verdict for the plaintiff.