The Sun.
London, England, 1842-11-09 00:00:00

EXCHEQUER COURT-THIS DAY.

PARRY V. MAINWAIRIRG.
This was an action brought by a publican, for the
payment of refreshments furnished by him to the par-
tisans of the plaintiff at the last election.
The defendant was a candidate for the Denbigh-
shire boroughs, and had succeeded in his election. The
plaintiff kept a public-house at the village of Holt, one
of the borough. It appeared that on the 28th of May
the defendant came to the plaintiff's house and or-
dered refreshments for a number of his supporters,
which were accordingly given. On the 22d of June
he called again ; and certain witnesses deposed that
on that occasion he had given them a discretion to
order refreshments for his partisans. They had
consequently given orders to the plaintiff from time to
time; and there was no doubt but refreshments to
a large amount had been furnished. It appeared from
the plaintiff's bill of charges that on the 3d of June
340 glasses of gin and rum, 11 glasses of brandy, and
128 quarts of ale and porter had been supplied to the
defendant's supporters; and on the Ist of July there
had been furnished 360 glasses of gin and rum, 32
glasses of brandy, one bottle of wine, and 70 quarts
of ale and porter. This had taken place in a consti-
tuency of 95 electors, 58 of whom only had voted for
the defendant. There had also been a dinner at the
plaintiff's previous to the polling, for which seventy
tickets had been given out ; there had been a dinner of
congratulation after the election, and s übsequently a ball.
The bill of the plaintiff amounted altogether to 1221. ;
of that amount 701. had been paid by the defendant,
but the remainder was objected to. The case had
been tried before Mr. Baron Gurney at the last
assizes for Chester, when a verdict was returned for
the plaintiff in the sum of 1101.
Mr. WILLIAMS now moved for a rule to show cause
why the verdict should not be set aside, and a new
trial had, on the ground that no evidence had been
produced to show that the defendant had given an
unlimited order for the supply of refreshments by the
plaintiff, and that his charges had been exorbitant.
It was stated by the Learned Gentleman that in the
plaintiff's bill of charges the gin was put down
at 3d. a glass some time before the election, and that
for the three days which preceded the election, as the
polling drew near, it was put down at 6d. a glass.
Lord ABII4GER—The supplies were probably be-
coming scarce. There was a yielding to the pressure.
Mr. WILLIAMS submitted that that could not justify
the increased charge.
Lord ABINGER—You may take a rule. These
exorbitant demands At elections are becoming very
frequent, and they require to be cautiously looked
I after.—Rule granted.

COMMON PLEAS.—(THIS DAY.)
The Court this morning went through the re-
mainder of the demurrer paper.
CHINESE TRADE—IMPORTANT DECISION.
EVANS V. HUTTON.
This was an action for a breach of contract, the de-
fendant having failed to deliver at Canton, as con-
tracted, a cargo of goods consigned to that port by
the plaintiff, per the ship Manilla, belonging to the
defendant. The plea chiefly relied on for the defence
was that the landing of the goods at Canton, accord-
ing to the consignment, was prevented by the British
Superintendent and Representative at that place, and
that the defendant having carried the goods thither,
had fulfilled the contract to the best of his power,
being released from further responsibility by the in-
tervention of the authorities constituted in the
Chinese ports by her Majesty for the pro-
tection and government of British subjects.
To these pleas the plaintiff demurred that the inter-
vention of the Superintendent was not of sufficient
authority to release the plaintiff from his contract, as
he was the representative of the Sovereign only for
the protection of British subjects trading in Chinese
ports, and had not the power of declaring war, a de-
claration of which alone would have justified the de-
-Ifendant's omission to'deliver thegoodg as consigned,
and according to his undertaking. That not having