Star.
London, England, 1829-05-12 00:00:00

presentation set one in the declaration was, that the how*
in question drew from six and a. half to seven bens 111
mouth ; the witness who was called at the. trial (which
took place at the Sittings in Middlesex the we. k before
last) proved the representation to be seven butts a
month. The witness had stated the same fact to the
plaint.ff's attorney befnre the trial, and it was entirely
owing to the inadvertence of the later that the reins-.
irritation had been wrongly stated in the d claration.'
Under these circumstances, the Learned C nowt applied
for a new trial on payment i.t costs —ltuleMsigranted.
roam& .IND OTHERS V. AVERT.

Mr. Beouonau moved fiir a rule to show (Anse why
the verdict for the plaintiffs in this case should not be
set aside, and a nonsuit entered. This was an action si
trover, by Messrs. Russell and Co. hop and seed mer-
chants, to recover of the defendant (who was formeily
an agent for Lloyds, at Boscastle. or Bode, in Corn-
wall), the value of a quantity of hop. which the
defendant bad improperly obtained possession of—
At the trial, which tont place at the sittings at
Guildhall in February last, it appeared that the
bops had been sold by the plaintiffs to several per
in Ireland, and had been shipped by the former
for Drogheda. Several invoices and bills of lading to
the putchaser. having been given in evidence, be (Mr.
Brougham) contended that the plaintiffs had by the
contract for sale parted with the property in the gads.
and could not, therefore, maintain the present action.
After considerable discussion upon this point. Lord
Tenterden allowed the case to proceed, Riving leave to
the defendant to move for a iwnsuit. The learned Coun-
sel now argued at some length in support of his objec:
lion, and cited several cases.

The Court. were, !semester, of opinion (Mr. Justice
James Nike disventing) that the defendant, being a
wrong doer, had no right to set up the title of a third
person to defeat the plainurs claim.—Role refused.

MeV v. *ANL 0F LlValtroOL.
Mr. F. Pot:Amiga for a role to show cause why
the annals in this should not be set aside, a d a
verdict entered for plaintiff for the sum of 941. 1
The action, which seas tried at Guildhall in Match last,
was brought upon an alleged contract made by the late
Countess Dowager of Liverpool for the use and hire of
a carriage built for her Ladyship by the plaintiff. The
declaration had set out the contract as one by which
the Countess had hired the carriage fnr five years. and
had agreed. in case she returned it brine the expiration
ut that period, to pay the plaintiff the amount of one
year's hire(94l. 10s.) beyond the current year. At the trial
evidence was given to show that this agreement was con-
formable with a custom in the trade ; arid it was also
proved that the defendant, who was sued as the executor
of the late Countess, bad, on giviinc notice to the plaintiff
of his intention to put in end to the contract, promised
to pay the 941. 10.. No evidence of • written contract
was given ; and Lord Tenterden being of opinion that
the plaintiff was bound to give such evidence, or to
show that the defendant had received no consideration
so as to make him personally liable upon hit promise to
pay. directid a Demuth. The Learned Counsel now
submitted that it was not necessary to give evidence of
a written contract, and that the Case ought to have been
left to the Jury for them to infer from he whole oldie
circumstances that a contract to the effect net out in the
declaration bad been made.

The Omar refused the role, Lord TIPTIRDIS Oh-
serving that the alleged contract being one of an ex-
traordinary description, evidence of its having been in
writing, and signed by the late Countess, ought to base
been given.
CONSUITORY COURT. War Is.
Defers Dr. Unworn&
VON/MASQUE WOMILANQUI.
In this case the promotaat's Proctor intimated that
various attempts had' been made to serve Mr. Pon-
blanque with the process of the Court, but those en.
deavoun were unsuccessful, and be therefore applied
to have Mr. Poohlanque pronounced in contempt. A
copy of the citation wrs left at Mr. Fooblanque's cham-
bers in the Temple, and a copy posted on the Temple
church, and on the church of Bt. Dunstan.

The COURT directed that an affidavit should be made
that Mr. Foab!envie resided in the Temple, or that his
residence was not known, before it would pronounce
bins coatommious.

Some other motions of course were then disposed of,
and the Court adjeurned.
SHERIFFS COURT. CHRI.SISFORD.
A Writ of inquiry was executeditChelmsford a few
days ago, to assess damages in an action fur libel. The
action was brought by Ma. Myal, jun. also is a farmer
at Great Yeldbam. against Mr. John Burleigb. who
keeps the Green Man, #t Toppeesfield. Amongst the
numerous conlagrations which have occurred within a
short and recent period in Essex, the piemi-es and pro
petty of the Rey. Lewis Way. situated in the neigh- ,
Mood of the residence of the plaintiff, had shared
that fate. Soon after the fire at the Rey. Mr. Way's, a
report was circulated by the defendant that the plaintiff
was the incendiary on that occasion. The defendant
did not confine the spreading of the libel among his
neighbours, but ar a public market Wile, at Braintree,
be repeated the same charge among strangers.