The Express.
London, England, 1864-01-15 00:00:00

COURT OF COMMON PLEAS.

&Wis. its ie Banoo.—(Flefara Lord Otis( Justice Edo, and
Justices Williams, Willem, sad Keating.)

moms V. riwur.—rasarAsrs.
This was an action to mover damage; for trespass, and
at the trial, before Mr. Justice Keating, the jury found for
the plaintiff, damages, 1001.
Mr. J. J. Powell, Q. 0., now moved for • rule for a new
trial, upon the grouod of excessive damages, the verdict
being against the evideoce, sad mielirection. It appeared
that the plaintiff, as old lady, had been in possession of
• cottage and garden at flydenham for upwards of forty
years, and the property having been bought by the defend-
ant • builder, he was anxious to get possession as soon as
possible so as to be able to build there. There had been
• Lem to a person named Edney, which expired
is NA and also several subletting', and there
was great doubt when the plaintiff's tenancy
commenced, and consequently as to the time when the
adios to quit should expire. *Notice to quit at Lady Day
was given, but the plaintiff, according to the defendant •
ease, mid her tenancy commenced at Michaelmas, and it
would be oriel to turn her out at Ledv-day, when her fruit,
from the sale of which she got her living, would be unripe.
Another notice was given for Michaelmas, and under that
=ion was tabu. The plaintiff, by her evi-
denied this conversation, and claimed damages
upon the ground that the tenanc' really commenced
at ledy- day. The misdirection conplained of was that the
judge bad not told the jury that if they
_thought that the
t ranu
isthad stated that her tenancy had commenced at
, she must be bound by that statement, even
although it were not true in fact.
The Lord Chief Justice said it was not necessary fully to
aide the facts, for it was clear to his mind that there must
be • rale.
Rule granted.
THE LONDON

COMPANY v.'ent N. MONTZFIORC

ALLEGID BREACH OF AGRILZMENT.

This was aaTeiToTt to recover ccalsTge; upon the ground
that the Allianoe Insurance Compaey of which the defen-
dant was chairman, bad not paid the plaintiffs the
sum of 901. At the trial before Mr. Juatios By* the
verdict was for the defeadaat. _ _

Mr. J. J. Powell, 74. c., now moved for a
rule for a new trial, upon the ground that
the verdict was against the weight of evidence,
and also of misdirection. The facts were that a person
named Page had borrowed of the plaintiffs 1301., and depo-
sited as security the lams of some property in Angel-lane,
Stratford, which warn insured in the defendant's office.
These premisees were burned down, and at that time Page
owed the plaintiffs 90/., he having repaid 4W. The plaintiffs
wrote to the defendants asking them not to pay Page
without stopping the fkl. ; and was answered that
the proper course was to issue an attachment
against the money in the Lord Mayor's mart. An attach-
ment was accordingly imued, and when the money became
due from the defendants a clerk of theirs said that they
would pay nobody until the attachment wee withdrawn,
and there was contradictory evidence m to whether there
had been au express promise to pay the plaintiffs upon their
withdrawing the attachment. On the day of payment
Page and the plaintiff's clerk went to the Alliance
Office, and the notice withdrawing the attachment
was heeded in. The defendant's clerk then gave Page a
cheque, and the plaintiffs' clerk asked for his cheque. He
was told that the Alliance Company had nothing to do with
him, and that Page's cheque was for the whole amount due.
Page refused to hand over any money to the plaintiffs, and
they had never been paid. The learned judge left it to the
jury to say whether there was any promise in fact to pay
the plaintiffs upon their withdrawing the attachment ;
but it was now submitted that this was not
the true question, and that the judge should have told the
jury that, though there was no express promise to pay, yet
that the circumstances were such that they might have
inferred from them a promise of that kind.
The court, however, held that the proper question had
been left to the jury, and that the facts justified their
finding.
Rule refused.

COURT OF EXCHEQUER.

Sittings in lls000.—(Bofors Lord Chid Biros Pollock,
sod B. Mortis, Ohaaissll, sod Pigott.)

BARBISON T. DONCAFI.—BILFACH OF 14011131 -OF IiAHRIAGS.
This was an action of breach of promise of marriage, tried
at York before Mr. Justice Blackburn, in which the jury
found a verdict for thiqpiaMtiff—damages, 6001.
Mr. Edward James, Q,0., now showed cause against a
rule which bad been obtained to reduce the damages. The
plaintiff was the daughter of a farmer in Yorkshire, and the
defendant was the son of a worded spionner, a partner
is the firm of liedcroyd and Co., who carried on
an extensive buskers@ in the same county. Both parties
were about 26 years of age, and they had been engaged for
about six yeah In 1839 the defendant purchased the
marriage ring, and preparations were made for the wed-
' ding, but it was delayed in consequence of his mother's
death, and he gradually ceased his attentions, and in 1862
married a Miss Hooter. It appears that he bad inherited
abouill,ooo/.antl Nelda situation in his father's firm at &salary
of 651., mid according to the plaintiffs affidavits there was
every prospect of his eventually becoming a partner in the
house, his brothersbeing partners. The learned judge who tried
the case reported that it was one for substantial damages
according to the situation of the parties, but that the evi-
den 311 as to the position of the defendant was rather conjec-
tural, and that if the court were satisfied upon affidavits
that the damages were too great, they might reasonably
reduce them.

Mr. Quails was heard on the same side.
Mr. Temple, Q.C., in support of the rule, said that the
defendant's whole property did not amount to more then
*OW., and that the affidavits showed that there was no cer-
tainty of his becoming a partner ia the firm of Ackroyd and
Co.
Mr. Baron Martin said it was as bed ► ease of breach
of promise as could well be brought forward. and a jury
by awarding large damages might h►ve desired to mark
their sense of the deft's conduct.
The wart said the question of damages was one entirely
for the ivy. and they would not interfere to reduoe them
unless they saw grounds for doing so, which they did sot in
the present caae. The rale would, therefore, be discharged.
Rule discharged.

COURT OF BANKRUPTCY.
Maori Mr. Comnrisriceer Goalbws.)
am is r. c. PRAIIIMON.

The bankrupt was the well-known shipowner, of Hun,
and of Nicholas-lane. The adjudication took place so far
back as 23rd September, 1862, me the bankrupt's own peti-
tion, and there have mime been frequent adjournmeets
arising principally from the anomalous position of the
estate, which is dependent to a great extent cm
the result of proceedinp in the American prize courts.
The liabilities are rot lea than 600,000/. ; against a por-
tion of these securities are held, but es yet no dividend bee
been paid to the unsecured creditors.
This was an adjourned sitting for examination and dis-
charge. At the last sitting the bankrupt was directed to
file additional accounts in answer to the requisitions of the
creditors, which had been does about ten days ago.
Mr. Lawrence appesred for the enigma ; Mr. Harley for
Messrs. Yews and Co., the backers of Hell and other
creditor' ; and Mr. C. E. Lewis for the bankrupt.
Mr. Gardiner read • short report from the official soignee,
stating that the unsecured debts amounted to 115.3301;
secured ditto, 447,4211.; against which property was
held of 329.61 M., leaviag • total unsecured in-
debtedness of 320691. The books, though some-
what confused, from the bankrupt having carried os
bunnies, at different places, fairly represented the bankrupt's
transactions. The bankrupt at the last sitting bad been re-
quired to answer certain requisitions, and had done so
one of his answers occupied 160 pages. lie had filed
• consolidated cash account, which was satisfactory.
One of the requisitions as to accommodation bills
had been answered by reference to the balance-
sheet, wh!clt contained all the particulars, and that might
be taken as sufficient. As to the securities and properties
parted with since the Ist May, 1862, be referred to his
balancse-sheety and eupplied dates previously omitted. The
other requisitioes had also been answered, either by refer-
race to the balance-sheet or by additional statements.
Mr. Lawrence said that the assignees, whose debts 'were
upwards of 5,000/., and who were elected by creditors tei•
large amount, did not object to the bankrupt peeving. His
books had been for • long time in the pommel= of the
accountant appointed by the assignees, which had occa-
sioned delay In the filing of the balance sheets. They
were filed in October last, and were then considered
satisfactory by the official assignee. The aisigsese were
now in possession, and had been re in October, of all the
information the bankrupt could render; bet at the ie•
stance of the oppoming creditors an adjournment had been
ordered, and additiosid information required from the
bankrupt. This had now been gives, to the satisfaction of
Mr. Gardiner. the official assignee's clerk.
His Honour said the creditors and the court were fortu-
nate in baring the assistance of Mr. Gardiner, who bad paid
the treatest attention to the cam
' Mr. Lawrence added that, under these eircumstasees,
the assignees saw no MKS to oppose the bankrupt prime
his examination.
Mr. Bagley said that at the last sitting his Honour bad
allowed additional requisitions to be made to the bankrupt,
each requisitions being previously submitted to the official
One of those requisitions related to the back-
erZrea.dventeres to the Costederate States, bet that the
official maps, had not thought it seeemery should be an-
swered. Had it been answered it would probably have ap-
peared that the bankrupt had primers in those
transactions. It was therefore messeary to examine the
bankrupt no this point, and it would thee be for the court to
decide whether be should pees his examination.
His Honour said this wee quite age of the mass where it

wad dutiable that the summation and order of discharge
should be anssiderei separately.
Mr. Bagley said the bankrupt's answer, instead of being
filed twenty days, had only been filed ten days before the
Ong, but he did not trial to take advantage of that.
The bankrupt, examined by Mr. Bagley deposed—l se.
espied a draft of Young and Poole, of Hid', for 9001. sr
four months, on 24th Jana, 1862. I believe it was for
100 toss of iron, which was shipped to Nassau and delivered
there. I think it was shipped in my name. I shipped a
great quantity of goods in my character of shipping agent.
The goods were consigned to my order, in charge of Mr.
Brost Barker, supercargo of the Peterhoff. I believe they
have been sold, but I don't know that any accounts have
been rendered. The Peterhoff belonged to myself. Mr.
Dobson, of Hall, one of the assignees, was engaged in the
adventure. He appointed one supercargo ; I appointed an.
other. My books show the transaction.
Mr. Bagley asked for the production of the book.
Mr. Lewis—There are fifty ledger ; which do you
want
Mr. Begley—That is just what I want the bankrupt to
tell us.
Bankrupt—Ml the books have been in the hands of the
ansigneee for 18 months.
The Commissioner—We cannot go into an examination of
fifty ledgers now. (Laughter.)
Examination con tnined—l believe the goods have been sold
by Mr. Dobson. He made me an advance before the sale.
I don't know whether Dobson has fang shed any &w ants
to the assignees since my bankruptcy. He ordered the goods
of Mears. Young and Poole. They were supplied to my
order, and I accepted for them. Dobson made Ins an
advance on those and other good.. losurauces in
London baying ran up from 30 to 70 per cent., I was com-
pelled to obtain advances where I could to pay all my in-
sanincee Wbat was the result of the transaction I don't
know. Dobson advanced about 4,0001. or 5,0001. on the
entire shipments by the Peterhoff. Referring to my balance-
sheet, I see the advance was 3,000/. The Peterhoff was not
captured on this voyage ; she was subsequently. She was
bound for Nairn, not to run the blockade.
Mr. Lawranae—You may assume as • fact in the case
that no vessel was intended to ran the blockade, or carry
munitions of war. (A laugh.)
Bankrupt—The transaction with Dobson was one amongst
others of • similar character. There were not more
than three. Mr. BciUs, of Hull, bill discounter,
and banker, discounted bills for me to a large amount, bat
he had security for a larger amount. There were 1,0001. of
those sceephuices not need. They were in the hazel, of the
assignees. Messrs. Newman and Co. were in the habit of
accepting for me on security, I paying them a commission
of two per cent. for doing so. I did not know
any of the firm. They had security
sally, but the renewals were without security.
Of those bills 2,200/. have been handed to the assignees,
but they were worthless. In all, bills to the amount of
5,0001. were so accepted.
Mr. Lewis said that the transaction was fully explained
in the cash acoounL _

The examination was pursued to some length, but, relating
principally to items in the cash account, it was of an unin-
teresting character.
[Tim case was proceeding when our report left. I

THE POLICE COURTS.
(THIS DAY.)

MARLBOROUGH-STREET.
tITICALING VALU&3LI SHAWLS.

dew Carey and Margaret Connor were charged with
steeling five Frisch shawls, of the value of 3,1., from the
shop of Hr. Edgley, 88, Oxford.atreet, shawl warehouse-
man, lac.
Thomas Greet, an assistant to the prosecutor. deputed
that on the previous evening the two prisousra entered the
shop, and Carey said she wanted to look at some dark num.
ties. lle took them upstairs, and showed them several,
bat none would suit. Colmar then called him to the
other end of the room, and while he was speaking to
her he, through a gins, saw Carey put five shawls
from off the counter Is the show-room under her shawl.
Ae aftarwards asked one of hie fellow-aasistriets whether he
had missed any shawls, and at that moment Carey dropped
the shawls at her feet. On taxing the prisoners with steal.
ieg the shawls they said " that was a mistake," and that
be must have knocked them down.

In answer to Kr. Yardley. the intnem said on entering
the shop they said they wanted a cheap mantle.
Nathan Leech, 324 A, proved taking the prisoners into
custody, and said be found the shawls lying by the feet of
tj'areT. He wished for a remand, that he might make
Inquiries respecting them.
Mr. Yardley remanded the prisoner for a week.

ANOTHER DEATH PROM PRIVATIONS IN
BETHNAL GREEN.
INQUEST.—(THIS DAY.)
This morning Mr. John Humphreys, Middle-
sex coroner, held an inquiry at the Westminster Arms,
Pollsrd's-row. Bethnal-green. touching the death, from
alleged privatioas, of Mary Elizabeth Ovaries, aged sixty-
four years.
The jury visited the room in which the deceased was
found dead on Sunday last, and found it to be a sort of
underground kitchen, in which almost the only article of
furniture, beside two chairs, was a bedstead that had been
erected since she died. She had earned, it was said not
Is. a week as a sempetress.
William Oversee, carman, said that deceased was his
mother. She was a widow. and earned sometimes 6d. sad
sometimes a shilling a week. Witness allowed her about
la. a week. Whams was called to see her on Sunday lark
He found her dead, lying oa two chairs. She had applied
for relief hut was refused.
By the Coroner—The bedstead sow in the room had been
put up since her death. Donated bad applied to the work-
house but was refused relief, as she would not enter the
house. Witness gave her &dinner on Sunday, but he could
not afford her more than ls. a west.
Mrs. Dalderstone, 9, Pollard's-row, Bethnal-green-road,
said that deceased lodged with her. Witness saw her on
Saturday night last. The next day witness found her lying
en two chairs on a part of a mattress. There was nothing
else in the room except a table and a bedstead. Witness
was sure the bedstead was in the mow, but it was not up
because deceased did not wish it. The church people gave
deceased sa. ea Christsnas.eve.
Mrs. F. Overree said that deosased applied at the work-
house for relief, but she was refused. and she would sot go
lato the house. That was last February. Mr. Christie",
relieving officer, came and asked her why else wanted rata.
She said that when she was well she lived by iseedlowort.
but being ill she wanted some out-door relief. Mr.Chzktey
said that he would not give her any out-door relief, bet
would take her in, She said she had • great dislike to go
into the home, sad she got nothing.
After beetles method evidence,
The Jury returned a verdict of " Death from effusion on
the brain, and that said death was accelerated by Fein.

AIEiROPOLITAN
IS BOA
DAY.)RD OF WORKS.
(TH

This board held their usual weekly meeting this
t„rweg at their offices. SPeing•llardenn Mr. J. Thwart=
ram'. ooDelsl statement showed • total cosh balance in
toels of the Warner of 109,9511. 19s. 61 • govern-
- • .era
ti
96,729!. Bs. 71.; and cheques ordered but not
• 10,0rN. lie. id.
tlr pine:Gin, addressing the chairman said before
„ commencement of the betimes of the day he wank!
!...oet that an address of congratulation on the birth of a
• heir to his Royal Highness the Prince el Wales be
KreteJ to the Queen and Prince of Wales, and that •
`,smittee be appointed to draw up the address in quiet/mi.
~ SAVAGE said he would have much pleasure in
aenling the motion.
}greed to unanimously.
TOT OIFORD.STRIZT AND CITY RAILWAY BILL.
IrirviNGen presented • memorial from the men-
of inhabitants of Orford-street, prayiag the beard to
-(one in parliament the proposed Oxford- -street and City
• Bill. He conteoded that if the bill in question
the formation of the railway would stop the whole
▪ traffic of that important thoroughfare, bringing':
oa the whole of the tradesmen, and indicting
:resteat distress on the many thousands of shoproen
.... other employ is who would be then thrown
employment. In addition to this he said he believed
the conitruction of .
works al such • railway would admit moat
,riguily the main drainage that portion of the
Re concluded by moving that the memorial be
wand on the minutes of the be and referred to the
;Cyen and Imprensa% Coramitise.
The motion, hatiag beau esoaaded, was put and carried
.2AniCIOUSIY.

WPLAND BANNING COMPANY (LIMIYND).
(PHIS DAY)
me first half-yearly meeting of the shareholders
vu beid, at 1 o'clock.' at the London Tavern ; Mr. Saar
A LEM tbanin In the chair.
The following report and balanco-eheet were preempted :
-Toe directors have the pleasure to lay before the share
statement of the affairs of the bank showing the
7ta4 it of its operations from the commencement of business
the :nod of January to the 31st of December last.
rom the balance:sheet it will appear that the gross profits
the bank have been S,SW. 9s. 2d.. sad that after deduct-
:owed paid to customers, &e... all salaries, rents, and
:Ler current exPeossa, there remains a balance of 1,7131.
The directors are of opinion that at this early stage
the existence of the bank. the permanent interest of the
,pazt• would be promoted by deferring the declaration
divideod until a future meeting. They therefore pro.
row to carry forward the above balance of 1,713/. 16s. 2d.
t) " profit sod loss" new account. Looking at the very
fort period during which the greater number of the
,isschss of the bask have been in opeastios—those at

e et or d, kington, Tauten, Nuneatoe,- and Wellington,
!,ring all bees opened within the last six months—the
aleetors cannot refrain from expressing their satisfaction
salt the progress already made, sod they feel that they
• fairly congratulate the shareholders upon the future
:::,pects of the company.
Mance Sheet. —Dr. : Capital paid up, 42,9991.; amonut
dxe by the bank on current, deposit, and other aocounta,
• 14;;.7611. Os. ld. ; moss profile since the commence.
meet of business, 8,848/. 9s. 2d. ; total, 193,6013/. 9e. :id.
' Purchase of freehold and eopyhold property and hank
::tiogs at head office sod branches, 6,8234 12e. 3d.; purchase
,: tallness at Wolverhampton and also at Hereford, 6,000/. ;
_ill on band, 20,6311. 19a. 9d. ; bills and promissory notes
Lizauntad, and advances to customers and others, 148,023/.
• Id.: preliminary expenses, and expenses to establishing
kAmaes. 6,9741. 18a. 2d. ; current expenses, including all
rents, Sic., at head office and branches, 4,174/. 7s. 5d.;
:::east paid on current and deposit accounts, &c., 2,9601.
~7d. ; total, 103,6981. 9s. 3d.
-?rofit and Loss Account: Current expenses u above,
;.:741. 7s. 3d. ; interest paid to customers, le. 2.960/.
:d. ; balance carried forward to " profit and loss" Dew
czauct, 1.7131.165. 2d.—total, 8,848/. 9a. 2d. Gros profit
tr.,/ the commencement of business, 8,8481. 9e. 2d.—total,
• 91. 2d." _ _

, .
Ihe CHAIRMAN. in moving the adoption of the report and
s.,unts, said, although there was so dividend on that
:anion, the bank had done by no means badly so far, and
:...tre was every reason to believe that it would do better in
!=tore. The number of customen and the amount of deposits
were increasing at all the branches. The expenses
if a new bank were necessarily great at the outset, but
they must diminish in proportion to earnings as it pro-
gressed. Several reepectab e private banks would, be be.
...eyed, pass into their hands. and he hoped that at the next
c..eting the board would be enabled to report a considerable
.esaion of business. No bank could always avoid louse.
he was happy to say that up to that period the Midland
...tilting Company had made no bad debt. (Hear.)
Mr. F. J. LAW, a director, seconded the motion, which,
star a short discussion, was adopted unanimously.

WEATHER REPORT.-(THIS DAY.)

AIIDAY, JAMAS? 14 8 ♦a.