The Sun.
London, England, 1842-12-17 00:00:00

COMMON PLEAS.-(THIS DAY.)

GRAHAM V. KENSINGTON.
The plaintiff and defendant in this case are both
extensive East and West India merchants and ship-
owners, and the action is brought to recover 687/.175.
6d., for the freight of goods carried by one of the
plaintiff's ships, from Antigua to the defendant's con-
signment. The defence is, that the freight was paid,
and it appears that the defendant paid the amount de-
manded to a broker, who has since failed. The case
for the plaintiff is, that the payment was made
without authority, and contrary to the custom of the
brokers connected with the port of London, according
to which, freight is not due until two months after
the arrival of the cargo. Upon this question of cus-
tom the whole case turns, and a host of witnesses are
biought up to speak to it on both sides. The case
occupied the whole day, but nothing was elicited in
the least degree interesting to the public, the ques-
tion being altogether a very uncertain one of custom.

EXCHEQUER.--(THIS DAY.)

BURTON V. NOICES.

This was an action brought by the plaintiff, who is
a surveyor, to recover compensation for work done
by him in favour of the defendant.
It appeared that the defendant's son had been en-
gaged in various transactions, both as purchaser and
seller of Pope's Villa, at Twickenham, and some lands
adjoining. The plaintiff was proved to have been fre-
quently seen both with the elder and the younger
Nokes in the course of these transactions; and it
seemed that he had occasionally acted as friend or
agent to the parties.
The case for the defendant was that he had merely
acted on behalf of his son, after having received a
power of attorley authorising him to do so ; and,
condly, that no contract had been entered into be-
tween the plaintiff and either of the other parties, and
that no services had been rendered by him for which
he was entitled to payment. It was proved that other
surveyors had been engaged by the defendant in esti-

mating the property.
The Jury immediately returned a verdict for the
defendant.

INSOLVENT COURT-(THIS DAY

IN RE DAVID FRAZER.

The insolvent was described in his schedule as a
master mariner. He had also been an extensive ship
owner, and traded largely between London and Cal-
cutta. The amount of his debts was stated to be
6,0001., and there were also liabilities upon bills of
exchange to the amount of 7,0001., for which he re-
ceived no consideration. He had been a bankrupt
about four or five years ago, when he failed for a large
amount. _ _

In reply to the Learned Commissioner he stated
that he attributed his insolvency to the wreck of two
ships, of which he was proprietor. In his schedule
the name of Baboo Chandee Dost, a Calcutta mer-
chant, was mentioned as a creditor for 1,0001., which
the insolvent stated was incurred by the sale of a
vessel called the Royal William, which was subse-
quently lost. The names of several others, native
merchants, appeared also as creditors, while there was
no return of any debts due to him at Calcutta.
Mr. Commisioner HARRIS commented rather
strongly upon the circumstance of the insolvent having
incurred liabilities to the the amount of 7,0001., at a
time when he was in a state of bankruptcy.
Bail was allowed to justify, and the insolvent was
liberated until the day appointed for his final hearing.