Star.
London, England, 1824-07-29 00:00:00

COURT OF CHANCERY-THIS DAY.

THE KING'S THEATRE.
ZSERS V. BEttlEl.l.l.
,• This was an application for an injunction to restrain the defendant,
'John Baptiste Benelli, from receiving any sums of money on account
Of 'Certain boxes situate in the King's Theatre, or Opera House,
for the season of 18.23, and the interest of which he the defendant
had, by agreement dated the 12th day cjL July, 1823, agreed to
purchase. The motion also west on to pray, that the Noblemen
and Gentlemen composing the Committee of Management might
be also restrained from acting in any manner contrary to the said
deed of the 12th of July. The sums said to have been misapplied
were as follow :—.E4,509 due to the plaintiff, £2,088 tu the trades-
men, and various other sums amounting to £1,050.
Messrs. Haar, lioaar, KNIDHT, and Soonest, appeared for
the parties.
For the defendant, the answer put in was, that there had been an
actual loss, in 1843, of no less a sum than 90001. and that the de-
fendant was induced to make the purchase by a misrepresentation.
This, however, was denied on the part of Mr. Ebers. It was also
urged that as there was an actual lois at the time of 90001. the de.
i.e.:dant was giving 10,0001. for a mere contingency. After very
considerable discussion relative to the agreement,
The LORD CHANCELLOR intimated that it would be proper for
Lim to hear what the Noblemen and Gentlemen composing the
Committee of Management had to say to this motion.
To this it was answered that they had been served, but did not
appear.
The Loan Citascratma observed, In answer to an observation
made by Mr. Sugden, that he hardly knew what to do in the case.
If Mr. lienelli thougla his contract was void, he must give it back
in the precise terms he received it.
Mr. Maur said this could not be done, as the defendant had re-
scinded several engagements.
The Loan CstaNetrxon—At the close of 1823 did you offer to
give it them back, before the season of 1824?
Mr. &mbar—Yes, my Lord. The Learned Gentleman then in-
timated that there had been an expenditure this year of upwards of
£50,000.
The Loan CHANCELLOR said he knew not how to act under the
present circumstances but he would make such an order as would
do justice to both parties.
VICE-CHANCELLOE'S counT„JUIX 28.
GLASsiNGTON V. TIIiVAITES.
Mr. ROUPELL, for the plaintiff, %Oro holds a share in
the Morning Herald newspaper, moved for an injunc-
tion to restrain the defendant (a shareholder in that con-
cern) from removing the place of publication to ano-
ther street, and also to allow the plaintiff access to the
premises. This case was argued at great length by the
Learned Gentleman.
Mr. AGAR and Mr. PARKER opposed the motion,
justifying Mr. Glassington's exclusion, on the ground
that he had threatened to break the machinery, and that
access to the books had never been telused him. The]
removal was said to be rendered necessary by the dila-'
pidated state of the present premises.
After a long reply from Mr. ROUPELL, his Honour
refused the injunction, with costs.
COURT OF KING'S BENCH, JULY 28.
LEEK V. PrirraaPs.
This was-an action brought by the plaintiff, who was
a holder of certain Spanish Bonds, to recover from the
defendant the difference on the average price between
the Ist and 15th of May last, in consequence of the non-
performance of an agreement to transfer fifty Spanish
Bonds, from which the plaintiff alleged he should have
derived a profit of £SU guineas. There was but one
witness in attendance, and he was only able to prove the
average price. Other witnesses were called on their
subpoenas, but not appearing, the plaintiff was nonsnited.
BAXBY V. SAUNDERS.
This was an action brought by the assignees of a
bankrupt of the name of Saxby, to recover from the de-
fendant the amount of a certain quantity of hops, pur-
chased from Saxby after he had been confined in the
King's Bench Prison. There appeared to be no diffe-
rence as to the facts of the case, and as the only dispute
was relative to a point of law, it was agreed that a ver-1
diet should be now taken for the plaintiff, subject to
tfrre opinion of the Court as to the legal difference.—
There were three other actions called en, arising out of
the same transaction, and they are to abide the issue

of the first.
COURT OF COMMON PLEAS, JULY 28.
EAGLE V. PAULDIN.
Mr. Serjeant Pass stated, chat this was an action
brought by the iudorsee of two bills of exchange to re-
cover their amount from the drawer, the acceptor not
being to be found.
The Learned Serjeant called evidence to prove the
defendant's hand-writing. There were some accounts
between the parties, and a question arose as to whether
one of the bills had been satisfied by the return of a
quantity of hops to the plaintiff?
Mr. Serjeant TADDY was addressing the Jury for the
defendant, and contending that there had not been a
sufficient proof of the acceptance, when
The Loss Curse Jams interrupted him, and said there was
quite sulkiest evidence of that fact to go to the Jury.
Mr. Serjeant TArov--I beg that I may be allowed to address
the Jury without interruption. Really, it is highly inconvenient for
an advocate to do his duty if he must be interrupted in this manner.
The Loan Cuter Jeartes—l beg, brother 'Faddy, that you wiU
net put yourself in such a passion. You were addressing the Jury
as if the case was one for a nonsuit, and I only ventured to set you
right. Pray, go =-
Mr. Serpent Tans—l wish to go on; and to go on without in-
.

The Lose Cause Jams—Well, don't put yourself in such a
passion.
Mr. Serjeant Ts►on—l am not in a passion; I am only saying
that the practice of interrupting Counsel, recently introduced into
this Court, is extremely inconvenient and irksome. It prevents
them► from doing their duty fully to their clients. Nothing can be
more irksome for a Counsel than to contend against the opinion of
a Judge prematurely expressed.
The Learned Serjeant then proceeded to observe, that
it was much more convenient that a Learned Judge
should express his opinions at the conclusion of the
Advocate's speech. He concluded by arguing at length
upon the facts of the case.
The Loan Cunt Junto' charged the Jury at great
length, and a verdict was found for the plaintiff on
both the bills.

In the sales of westl, on the 2Sd instant, recently im-
ported from New South Wales and Vas Dieman's
Land, considerably improved prices were obtained, from
the great improvement in the qualities. The colonists
are now sensible of the importance to them and to the
mother country of this valuable article, and the fine
breeds of sheep, both from Spain and Saxony, continue
to be sent oat in every ship to Sydney and to Hobart-
town. A portion of the fleeces of the Surveyor. General
exceeded in quality any importation from New South
Wales, and were sold at higher prices.
Colonel GAUCEIAIS, who was recently acquitted by
the Court of Assizes at Toulouse, of the charge of bear-
ing arms against France in the Spanish campaign, is to
be conveyed to Poitiers, in order to be tried as one of,
the accomplices of the late General Barrow. The six-
teen prisoners who were discharged have orders to quit
Tonlobse withitl a fixed period.
All over the south-east of Persia, to within a few
miles of the Persian Gulph the air is so dry that the
brightest steel may be laid bare to the atmosphere at
all hours, without incurring the slightest shade in its
brilliancy. To find a rose with a sparkle of dew on it
would be thought a miracle) front Match to December.