The Sun.
London, England, 1827-11-07 00:00:00

LAW INTELLIGENCR.--(THIS DAY.)

COURT OF "CHANORRV.
JONES V. .311. TDD: . •

His LORDSHIP: gave judgment this morning in this case.
The plaintiff and defendant had Puterefl into a contract to
buy and sell certain estates. Tlie vendor had undertaken to
make a good title to the estate in four months. This
he had not done, and the question was, whether
the vendee, should pay interest from the time of entering
into the. contract, or from -the period when the vendee
made a good title to the property. 'The case came before
the Master of the Rolls, then Vice-Chancellor, who decided
that installments should only-he paid from the time of the
making of a good title. This was an appeal from that
decision, and his Lordship's opinion was, that the judg,
ment of the Court below was right, and, therefore con-
firmed the order.

BROWN 2. DE TASTET.

His Loanstur had further considered this case with re-
spect to the costs, and was clearly of opinion there was
not the slightest ground for Mr. De Tastet's application,
and therefore allowed the cosh.
HART V. HART.

mr. 'HORNE resumed his motion in this case, which he
partly opened yesterday. The plaintiff, Mr. Frederick
Hart, and the defendant, Mr. Jacob Hart, carried on
business as, wine and -,brandy merchants -since 1821,
under articles of copartnership, , which were to con-
tinue . for fourteen years. The defendant was the
party who had .originally brought the capital into the
concern, and it was understood • that he was not to take
an active part in the management of the business. He,
however, for the first three years, gave the whole of his
attention and exertion twit. He was then compelled,
through ill health, to retire to the Continent, where he re-
mained about a year. He'thett returned, and subsequently,
on various occasions, ttent. to France, , as he alleged, for, the
purpose of having his health more established. The con-
cern was very profitable, and 'the plaintiff, who is the
younger brother, .alleged •in , his- will that the basi-
-1 ness had been, extremely , neglected ,by the- trefendent ;
that. he had thrown its whole management on the plaintiff's
shoulders,, and moreover had drawn out large sums,
described to -be profitS; before the books were balanced.
He therefore'applied to thesLord Chancellor in the course
of the vacation, for an Injunction to restrain the de-
fendant from drawing out further sums, and all intercourse
in the business. The present motion was to dissolve that
Injunction, and the defendant stated it was with the
entire concurrence of the plaintiff, and under the ad-
vice of medical r; attendants, he went abroad on the
occasions;; complained of; and be stated letters that had
been written tohim, while on the Continent, by his, bro-
ther, distinctly showing that it was with his colic u vt..•nCe
and knowledge, the defendant was abroad: He also stated,
a circular sent by.' the plaintiff to the custdiners here while
the defendant was abroad, informing them, the senior-part-
ner, meaning the defendant, was then abroad in the wine and
brandy country, collecting information, &c. respecting that
in which they were concerned. He stated that he had never
drawn out any thing' from -the concern, beyond"what,the
plaintiff himself-had stated to him on paper he was fully
entitled to, ss his share of the profits, he having three-fifths
and the plaintiff two-fifth shares in the business.
Mr. Hoaxa then contended that the cause of this, bill
to dissolve the partnership having been hled, was in con-
sequence of a'dispute that arose between the parties in July
last, on which occasion the plaintiff having used most offea-
sive language to the defendant,. pulled the plaintiff's nose,
and submitted that this Court ought-not to'interfere to put
an end to a partnership on such a groUnd, and that if any
proceedings ought to have been taken, they ought to have
been of a criminal nature and elsewhere. •

Mr. ROurELT. followed- Mr. Horne. In tlic whole

course of his long experience he. had never seen a. hill in
this Court to dissolve a partnership so destitute of proper
grounds. His opinion was, that the sole ground,of this bill
being filed was, that of the personal quarrel between the
parties. If the Court interfered in such a case, it would
have to manage the half of the partner Ships in England.
Mr. Hr..ktn appeared for the plaintiff, and considered
that the real factS of the case on which the Injunction had
been granted, and which n',ere r the proper facts of the case,
had not been brought to the notice of the Court; and he
could not but: regret that his Learned Friends had occupic,d
24 hours in stating so
,much of yr/1)4.11e considered wide of
the, IT al facts,
,I_We wire obliged to leave him speaking.l

VICE'-CHANCELLOR'S COURT.
LOPEZ V. -DE, TASTLT.
A motion was made in this ease, but his Honour re-
served his opinion until lie had an opportunity of consult-
ing, with the Master of the Rolls.

COI V, OF KING'S BENCIL
(Sittings in Banco.).
• NEWMAN v. SMITH, &c.
•In this case a verdict had been' taken for the defendant,
and Mr. AlAttav,ver now moved the Court for a rule to
show cause why the verdict should not be set aside, and an
order for a new trial granted,' on the gromuLthat the tes-
timony of a material witness was rejected on the trial be-
cause he was proved to-have a wager of five shillings de-
pendant on the issue.. The Learned .Counsel contended
that .the circumstance of a witness haying made a foolish
wager for an inconsiderable amount was no reason why his
evidence should be rejected.
Lord TENTERDEN.--Take the rule to show can,.

COURT OF COMMON PLEAS.
, (Sittings in Banco.)
(Before Mr. JuStice PARK, Mr. Justice GAsr.trr, and
Mr. justice BURROUGHS.)
STEVENSON'V. HART AND ANOTHER.

In this case, Mr.. Sergeant AnA-mg moved for a rule to
show cause why-the verdict should not be set aside, and .a
new trial granted, on the ground of the Jury having been
improperly • charged.. The action was tried at the last
Assizes for Warwick, before Lord Tenterden, and a verdict
found ihr the plaintiff. with about forty pounds
damages. The facts were these :—the plaintiff was
a manufacturer in Birmingham, and the defendants coach-
proprietors at the salll,l place, s rid the action was to re-
cover the aniount of a box of goods stated to have been im-
properly delivered: In Deeember, 1826, a person named
West, bought the goods from the defendant, and paid him
by a bill of exchange for 50/., purporting to be drawn upon
and accepted by a Mr. Le Compte, of Devonshire-street,
London, and indorsed by the Bank of Scotland. He re-
ceived 101. in change, and ordered. the goods to be sent to
27, Winchester-street, Broad-street, London. The goods
were so sent by the plaintiff, and the defendant's porter, on
inquiry, could find no such person. Defendants, however,
received a letter froni Mr. West, stating that a pared had been ..
directed by mistake for hiM in Winchester-street, and
ordering it to he forwarded to him at the Peahen, St. Al-
ban's: • The box was sent there. Before its arrival,: how_
ever, he had not been able to pay his tavern bill, and, told
the landlady that.he should do so when he received a par-
cel and some change for a bill. He accordingly received
the parcel,. and paid his bill from the remainder of his
change which was. so 'sent..., On .the. trial, the Learned
Judge left the question .to the Jury " whether the goods
were delivered in the regular, course of business;" atid Mr.
Adams now contended that it'Should hate been " whether
the goods had reached the Same person for whom they had been
directed." There had been no such person found as the
acceptor, and the bill was dishonoured ; but there was no
evidence adduced at the trial to show that it had not ac-
tually been indorsed bk the Bank of Scotland.
A rule to show cause granted.

THEIRISH'CIIANCELLOR.—TheIiew LORD
CHANCELLOR arrived in Dublin on Saturday, and will take
the oaths of office this day. There will ba a Bar Levee
to-morrow, at which, we believe, the Catholic Barris-
ters mean to attend. • It is aow pretty plainly alleged, in
official circles, that upon Sir ANTIIONV HART'S accept-
ance of the Trials Seals, he distinctly deciared,, that he
would go to Ireland with the determination of 'interfering
in no respect in Irish politics. If he be not too dexte-
ranalv ear-ivigged (as Mr. O'CONNELL phrased it) we
think it is likely that he will keep his word.—Dublin
Morning Register.
LIVERPOOL, Nov. s.—We have had a fair
demand for cotton to-dny, lint! the sales are estimated at
1,500 bags at steady prices.
SWIFT AMONG THE LAWYERS.—Dean
SWIFT, having preached an assize sermon in Ireland, was
invited to dine with the Judges ; and having,
ser-
mon, considered the use and abuse of the law, he then pressed
a little hard upan those Counsellors who plead causes which
in his
vaesik.,eadnhd'imth; began,g,llafSstbe
dertiol gwoasrotuondd, ywouhnotgtoßrar-a
they knew in their consciences to be wrong. When dinner
afnord
roaoft7lseuv,oeroalol aphie.
wastrpi
os
atuerstos,•
Parson
retorted
might
ignot
oe
nd Deanli,h ;0
his funetal ?" " Yes," said swim, vanild glaWl be
the man, and I would then givethe I) •
evd his doe, a 4
have this day done his children."
errach

Last week, as two gentlemen were crossing
the Tay, in a boat, near Luncarty, a salmon leaped at a fly.
There being a strong current in the river, the boat was
gliding rapidly down the stream, and the fish coming in a.
catrary direction, after snatching the insect, fell into the
boat and was ranght. It weighed