The Express.
London, England, 1864-12-09 00:00:00

COURT OF QUEEN'S BENCEL—Dx.c. 8.

Sittisp at NiiiPrio•—(B•fors LordChid Justin Occkbarn
uri • Common Jury.)
- IVt r. EDWARD&
- - -

This wee an action beorihibytirilaintiff, an omnibus
conductor, spinet the defendant, au sepgeant. carrying on
burins at 15, Union-court, Old ntreet, City, to
recover the sumof 1001., mosey received by the defendant
for the use of the plaintiff. The defendant pleaded diet,
not guilty' seoondly, payment; and thirdly, set-off.
Mr. Huddleston, Q.C., and Mr. /sleety James were coun-
sel for the plaintiff ; 11r. Field, Q.C., Mr. Morgan Howard,
and Mr. Thomas Geary for the defendant.
It appeared from the orders of the plaintiff that in the
month of July, 186 b, he met with a senor socideat upon
the Eastern Counties Railway, sad, being a member of •
trim* club, he was attended by the dub surgeon, Dr.
Roberts, of Great Dover-street, Southwuk, who rid that
the defendant wee • practical man, who would undertake
the claim sprit the company for damages. Accordingly,
the plaintiff speed to let hint undertake the matter, which
he did, and is January following the plaintiff received,
through Roberts, the sum of 1001., with • deduction of 301.
for expenses, leaving the sum 704 Upon this the plaintiff
left, but subsequent) y found out that the defendant had
received 200/. on be of the plaintiff, and 101. for his
express. Upon that, application was made to Roberta by
the plaintiff, to know what sum had been received no his
behalf, to which Roberts replied that he could not tall how
much had been received, without reference to his hank book ;
but upon being taxed with the amount he admitted it.
The plaintiff was called sod corroborated the above facts.
The defence was that the defendant was engaged from
beginning to sod by Dr. Roberta, who agreed to pay him 20
par cent. on any =rug that was received from the corn.
piny, and if nothing was received, then there was to be no
charge. Accordingly 2001. was obtained, besides 101. for
part of the defendant's impure. The defendant deducted
201. for another portion of them, and Dr. Roberts mad* op
the rest of the commission by allowing 10/. to be deducted
from the amount of his bill, 80/., making altogether 401.,
via. 20 per cent. upon the amounthoovered,NO/. Two
cheques were than paid over to Roberta, one for IW. for
the plaintiff, and 70/. for Roberts' medical bill. The de-
fendant took receipts for them, and thought the, matter was
properly and fairly carried out.

The Lord Chief Justice, in summing up, commented upon
the conduct of the witness Roberta, sad characterised his
charges of 801.. reckoned at a guinea • visit as" nothing
more or lees time an extortion." The question for the jury
was whether the defendrat was to refund • sum of 1001.,
and he ram of opinion that as far as the defendant wan con-
cerned 101. was all that could be recovered against him, that
being the excess that had ham charged for commission. He
did not think that the rate of twenty per cent, charged by
the defendant was snytbing outrageous or enormous, taking
into consideration the risk the defendant inn.
The jury, after being looked up for an hour, returned a
verdict for the plaintiff —deneegee 50/.

BAIL COURT.—Ditc. 8.
(Before Mr. Justice Be.. awl a annum jury.)
KINGSLEY r. KART.

This wits an action brought by the plaintiff, who was for
is service as a footman. against the defendant, wbo
was represented as being "the only surviving member of the
Middlesex Loan Company," to recover the sum of 6004 upon
the counts for money lent, for interest. and for money due
upon anted. account stated. The defendant pleaded never
indeb

Mr. Donnas, Q.C., sod Mr. Bridge were counsel for the
plaintiff ; Mr. Digby Seymour, Q.C., and Mr. M. Lloyd far
the defendant.

It appeared from the opening by the learned counsel that
the plaintiff had formerly been a footman is the eirrvioe
of • gentleman who mede him a present of TOOL or 8001.
He wished to Wrest a portion of it, and hearing that the
defendant was a member of a compsay who professed to
give 7 per cent fur the loan of money, he weal to him and
agreed to lend him 6001., which the defendant said he would
pay the above-named rate of interest upon. The money
was lent and the interest was paid regularly down to Sept.
laat, when it owed, sad epee the *until applying for the
return of his mosey the defendant paid him 1101., as the
plaintiff thought, upon account, and he considered that he
was signing a receipt in these terms, but it afterwards
turned out to be a receipt for a dividend of 4 per cent upon
the amount, as being all he was entitled to. Upon dis-
covering that, the plaintiff went to hit attorney, and the
present segos was brought ; r having turned out that the
company formerly consisted of three persona, the defendant,
Mr. Jadrsm, and Mr. Ulpli. The latter turned out a de-
faulter and shmoodee ; Jackson died, and the defendant
belog the only ow g partner, the action was brought
Naiad
. . . .

Aft-itr the plaintiff bad been examined. a correspoedence
that bad take. place betweee the professioual man on both
sides was put is.
Mr. Digby Seymour, for the defame, said he should be
able to prove that the plaintiff had knowingly signed •
document which be now fond was exondingly Mauve-
nitwit, and he eadaavoured to escape from it by a augpetion
of Uchida's, sod fraud. The defendant was • stationer of
respectability, and had carried oa bosoms for 36 years, and
he was the last man to risk his name and respectability by
landing himself to so nefarious • trusser:toe as alleged.
The detradont did sot seek out the plsiatiff, but the latter
went to the former end asked him to take the mosey. The
defame was this. A society was proposed and formed of
wpewees who mutually put mosey into a common fund for
iog at interest, to be managed by peruse chosen by
themselves from themselves for the mutual bus& of all
There were two *lame of depositors, one having a common
stock upon which they received a comma' dividend at cer-
tain times, as was shown by the books with the plaintiff's
signature attached ; and a wood clam, who lent mousy
which was not to go into the comma& [mod, and the account
of which was kept separate. The plaintWs same appeared
in the book' is both characters, and in the second dam the
separate 1001. was placed. The plaintiff stood in the mama
petition to the society Si the d.feodant sad others, and
they were all copartners and members in a joist
affair, and the book given to the plaintiff, stating that he was
a depositor of the society, showed that sharebolder sod de-
junior were cooyertible terms, and meant oft and the same
thing. The society cusistei of tea members, sad .hen it
got into difficulties the defendant explained matters to them
se be did to the plaintiff, mid stated that probably 15e. in
the pound on the whole would be paid to them if be was
allowed time to get in the out mousy, hr.% the plaintiff,
in-
stead of complying with the others in that course, had
brought this whoa, in the hope of benefiting himself to
the prejudice of the others connected with the °mown.
When Ulph's &facetious were discovered, to the extent of
3001., the defendant paid the mosey out of his own P l
trustiog to his brother members repaying him by a resetv
fund which was established for that purpose and know. to
the ptriatiff. All the defendant bad for his trouble of manag.
Mg the concern was 3 per cent additional on the moors,
which he put into the concern. He should produce the
books, and there was not a suggestion by the plaintiff that
they bad been tampered with.
Mr. Chas. Hart was then examined, and afterwards was
subjected to a severe cross-examtration.
The learned judge summed up, and
The jury almost immediately returned a verdict for the
plaintiff—damage', 4641. 5.., including interest.

THF RrNOIINED OtTBRZAK or CONVICTS AT
POWELLIID.—The reported outbreak of espevicts at Portland
wee, it seems, based apes the following, which we extract
from the Sherborost Journal :—" Yu& excitement was
canard is Weymouth oa Tuesday by the fact of the cora
of the Royal Engiosers sad the soldiers of the 87th Rap.
mint hurrying down to the 11.30 steamer, which was about
starting for Poetised. A variety of reports were Woo_
trieusly circulated in the town. It was elated that the
convicts had broken loose, that they were sacking Portland,
and, in fact, playing old gooseberry' with the island. It
was even suggested that the rifle omit should be called out
to assist in the restoration of order and the miasmata of
authority. It turned out, however, that rumour had es
usual got the better of truth, and that on. of the convicts,
while theme worthies were at work in the Verne Ditch, had
niseaged to break from' durance vile,' but ha tate of the
sweets of liberty WOW brief indeed, es he wae captured
within a few minutes of his escape, having berm dia.:oared
in a bole. The signal usual is such came was made-_a flag
displayed and a gun fired and this it seemed was inter.
preload as the age of series. estaar, and hence the prmpt
military preparations that were made. The soldier. on
landieg at Portland were istonsed al the fruitiminess of
their errand, sad, like the Bing of France sad his mos,
'they marched book area.' "
0111 ITAL PALACIN. ONI SNELLING DAY..-
THOIIIIDAY. DlO. B.—Admissions oa payment, 1,251 ; ditto
by sans linksle, 880 ; Pas% 2,31.