The Express.
London, England, 1862-04-18 00:00:00

OTAGO T. lILLIOTT. -•LLIGLD VORGERT.

This was an scam to recover the amount of a bill of ex.,
dings purporting to be accepted for the defendant by his
sea, Georg* Elliott; sod the question at the trhil was
111111164, George EUIM4 had accepted the bill, or whether the
acesplases was feepd by a penon =cued Bradley. The
evidence woad a vary ecoflicting character, but ultimately
alt;hlarajoazil far
Slose the plaintiff.
t Dow moved for a rule fora new trial,
opoo.the ground that the verdict wee against the weight of
orrithence, and be also submitted this question of law.
Elliott, it was admitted, had authority to accept
bills or his tuber in the course of trade, but the bill in
question, according to the statement of Bradley, was not
accepted in the war of trade, but for the accommodation of
George Elliott. It was cooteeded that authority to accept
trade bills gave no authority to accept accommodation bills.
Rule panted upon the lioestion of law, but not in refer-
wee to the evidence.
Th,,sort was occupied daring the remainder of the day
Marla. argument, in cases of new trial which were of no
=tr.;sod at the conclusion of the business Mr.
the senior usher. adjourned the court until
Witlitaday seat, the intermediate time befog devoted to
tits islet holidays.

Miry at Nisi Prins in Malleeex. —(Botors Mr. Justice
Williams and • Common Jury.)
NUTION 1.. PAIN AND ANOTHEIL-COMMINSION.
/he plaintiff in this case, a lady, was described as an
asset. sad she sued the defendants, who are solicitors, to
mews 001 commiseros, for introducing to them Mr.
Healey, wile berm a parser in the firm.
Mr. lied sad 11r. drabs appeared for the plaintiff ; and
Kr. Day for the deferidants.
The plaintiff's case was that she raw Mr. Harrison. one of
the defendant., who said that Kr. Pain being about to re-
tire, be (Harris-is) wanted • writable partner, and after-
wards it was armored that if the plaintiff should mean
him • wear, she should reesive 51. per cent. epos the
amosat paid by the ineorning partner. She thereopon west
. Mr. Pass, when she heard of Mr. Healey, who through
her to Mr. Pullen was introdneederourt
defeadasts, and became a partner, paying 1,0001.
The dalsoclants' case was, that there was oo truth in the
slatesniat that it men:ranged that the plaintiff was to have
etwasniesico, and some lettere were put in with the view of
showing that the plaintiff had expected to share Ptillea's
commission, instead of making a charge herself. Mr.
Pullen had been paid his commission, 101., by Kr• Hoar/.
The jury after emidering the matter for • short ten%
found • verdict foe Ye plaintiff for 501.

COURT 07 IfICCHIQUER.—Arin. 17.

Sittinp in Basco in Easter Term —Motors the Lord Chief
Baron sad Barons Bramwell, Martin, sad Wilde.)

/MEMO V. /LKNINO. -COI

OF ♦ WILL.

This wee an action of ejectment tried at Exeter before
Mr. ladies Bylas, in which the fade were found for the
&fondest, bat the verdict entered by the learned judge
far the w.
Mr. Collier now moved, by here of the lemma juke,
fora rule to eater a verdict for the defendant. It wee an
. .

;WM of ejeetOTent, aad depended entirely upon the eon-
eirnetice of • will, the question being whether panda wi-
dows seal' be given to explain the purpose of the toaster.
Hebert Planing, of Barnstaple, bequeathed to hie MOO.
Edward Fleming, a dwellirg•house, in the occupation of
Jobs Finned, during his life, and at his death it wait to
dean' to Ids grandson, Henry Fleming, and his ban for
err. The isarned econzieel said be proved that Mei. were
two pastimes of the testator named Henry Fleming, one
Mimi the plaintiff aid the other the defendant inthia action.
The judge decided that evidence as to the state of
the eirmientances of the family end the expressions of the
testator was inadmissible. but admitted it de here ease, end
the jery found that the testator intended to leave the pro-
perty to the defendant.
The Lord Chief Baron—Why did Mr. Justice Bytes de-
cide ie favour of one grandson ratter than the other!
Mr. Collier mid be did not know, except that he might
have done so pertly on the word " " and partly as
the fact that the plaintiff was the son of Edward Fleming,
the tenant for life.

iiea;;;-igrataierl a rule.
SECOND COURT.

Sittings at Nisi Priem (Before Mr. Baron Channall and •
COUIMOII Jury.)

[[HC r. 8R00112.-HAIRY BROOME AND THE " CROWS LID

CUSHION."

This was an action brought by the plaintiff, the owner
of the Crown and Cushion publichouse, in Mussell-street,
Drury-leas, amsinat the defendant, who was framer
ehampices of Eagbusd, to recover posseseion of the
meatamed tie opuses, and also fur rent due from the deo
fondest to the plaintiff.
Mr. Archibald was counsel for the plaintiff.
Mr. Archibald said that this was au undefended canes ;
and, is the ordinary practice, a verdict would be takes for
the plaintiff without producing any evidence, but letterset&
as there was a count is the declaration to recover the rent
also, be was obliged to call witnesses.
The plaintiff was then called, and rid—The house was
takes by the defendant upon a monthly tenancy of 101.
per month. The premises bad been let with goods and
&stares in them to the value of 3611. Notice
to leave was served upon the defendant in the
month of January last, to leave in the following month, but
instead of leaving he abut up the house, placarded it with
bills stating that lie was wing to Australia, and refused to
allow aerate to enter.
An agreement was then put io by which the defendant
agreed to purchase the public-house after he had obtained
his bankrupt'. certificate, which the plaintiff alleged the
defendant had failed to comply with. But a difficulty arose
as to proving that the defendant had obtained his certificate,
sad with the advice of the learned judge the plaintiff abatis
dosed his claim for rent and took a verdict for the posses-
sion of the property.
Mr. Archibald applied for immediate execution.
Mr. Baron Channel said that. as the holidays commenced
to-morrow, execution would not issue until pelt Wedoes.
day. miler the plaintiff chose to lose his costs, and then
he could take possession at once.
Mr. Archibald raid that the costa were of no composers ;
what the plaintiff wanted was the sion of the house.
A verdict was then taken for the plaintiff, with buoildisW
execution.

COURT OF PROBATE AND DIVORCE.
Ann. 17.
(Won the Judy Onlisszy.)
AIHILET V. UNLIT MID AlliCtUrl%
Is this can, whisk was beard last tarn,
This court sack a draw nisi, but without costs.

GUIS r. eAXDZLM.
Nr. N. J. O'Connell appeared for the plaiotiff, the see
mod bola executor of the teatetor,Mr. James Green, late
el Bronourrove, who propounded a will dated the 19th el
Deceml.er. 1451. The deceased died on the 13th al the
followmg November.
The attesting witnesses baring been examined,
The court decreed probate.

OOURT OF BANIERUPTOY.-APRIL 17.
(Before Mr. Corninintiouer Evans.)
RI 311ABLAND.
7110 bankrupt, • clerk in the Privy Council-Aloe. •
prisoner for debt io Whitecrossatrest Prison, applied for
hie release from custody.
The discharge was opposed on the ground that the bank.
rapt had presented • petition to the Insolvent Court which
wesetill at the Ale there.
Mr. Aldridge said the court mead grant the release, bat
the bankruptcy could not be cerrled ea until the proceed.
in p in the InsOlvent Court were proceeded with and settled.
The bankrupt wee a clerk in the Pim Council-office, and
untrue be returned within thirty &vibe would be dientkeed
and loss his situation.
The Coemierioser declined I. letterters, and the bankrupt
returned to prime.