The Express.
London, England, 1852-07-20 00:00:00

BLAKELOCIL V. THE MIDLAND RAILWA CUMPANT.

This was en action to recover compensation in damages
for injuries sustained by lawn of the notorious Clay Cross
accident on the 10th May, 1851.
At this accident, a Mr. Merril, a magistrate, and Mr.
Blake, of Sheffield, were killed. fhe train called at two
places no' in the time-table, and was late on its departure
frown Derby. The engine broke down at Clay Cross, and a
goods' train then due, end owing to some neglect not clearly
explained, ran into the passenger train, occasioning loss of
life and great injury to persons and property. The plain-
tiff". ankle joint was broken. and he suffered from a C 3P-
cussion of the brain. The damages claimed had varied
from time to time from 1,0001. to (we believe) 3,000/.
The ease occupied the court a long time, and the jury
ultimately brought in a verdict for 5001.

NORTHERN CIRCUIT.—Tugs, JULY 19.
Bi. Pain COUlT.—Bcroac foie Cuomo:au
Yorxo AND OTDZILA T. WARD.—BILL IHICOUNTINO.—
SPECIAL JURY.
This was an action in never. The plaintiffs are the sena-
, noes of I-sac Nonnanton, a bankrupt, who carries, ou
busi-
ness as a wonted spinner in the neighbourhood of Bradford,
and William Wand, the defendant, is a provision dealer in
Bradford, and also a bill discounter. The 'action was
brought to recover the value of certain spinning frames and
power looms which belonged to Normanton, and which were
seized by the defendant on the 2nd of December, 1:141, and
afterwards disposed of by him for his own use. The ques-
tion to he tried was whether. under the circumstances, ho
was entitled to do so. Normsuton commenced busi-
ness in 1547, having become the occupier of por.
tiona of a mill at Ulster Dyke, near Bradford.
In this mill he put up spinning frames and
looms, and was supplied with power by his landlord, and
assisted by his father and a brother. His father had been
formerly in business himself, hut his affairs became ember-
'weed, and not having obtained certificate from the Bank-
rw,itcy Court, be was never able to resume business himself.
The son had no banker, and all the ready money he had he
expended in erecting his spinning Irma and power looms,
and he consequently adopted the following plan of carrying
on his banana. Ile purchased the raw material, spun the
wool, manufactured the yam into ifnew, and sold them in
the grew in the Bradford market. For the most part he
was paid for these parcels of goods in bills, and it being
necessary for him to have there bills tamed into money,
the father, who had some knowledge of the defendant, got
him to discount the bills at the moderate rate of from
20 to 26 per cent, never less than 20, so that
41. had to be deducted from every £1 for every month
the bills had to run. This mode of procedure was pursued
until July, 1851, at which time there were four bills of
100!. each current which had been discounted by the de-
fendant. Application was then made to him to discount a
fifth bill, but he declined to do so unless he had more se-
cnrity, a majority of the bills so discounted by him being
drawn upon Brook and Son, Manchester merchants, to
whom Normanton was in the habit of selling goons. De-
fendant asked for an assignment of all Normanton's spin-
ning frames and power looms ; and, as accommodation was
essential to Norroanton, he acceded to this proposal. Con-
sequently • deed was upon that occasion executed, and
hence the quetion involved in the prasent action arose. Was
that deed, or was it not, as act of beakruptcy ?
The machinery ia the mill was worth about 1,6001., and
Normans bed Ono other property, amounting in value to
6001., and ewe staff plow'manufactured, which were
worth abet* VAL There men debts in his books un-
realised (and seem which yaw will be), amounting to
between UK and lON., sad he was owing to other penons
debts exasedlas IWO& lb bed ao money or other pro-
f:Ltd that ementing • mall quantity of
. Ovor Zillinblioilithe debts he *wed, he had pro.'
paityle the ammen at betweenLkand 1,400! , witch
one Whim lilm angetaat to eeediton. After
the died wee emested certain ether were discounted,
eo that by the sod of November bills to the amount of
7911. 10s. had been disc mted b the defendant. Two
bills for 1001., end one lee 911. 10a., were dis-
honoured, Messrs. Brake ad flea having stopped payment
and on the 2ad of Deeming the defendant eatend and
seined the property. The bankrupt had made an amigo-
meat for the benefit of his auditors, and the meleame Dad
been advised to bring this eatten, in order that the defend-
ant might ease in rateably sea prove his debts equally
with the rest of his creditors. _

The pleladifeartT;;;ll;it the maignment to Wend was
ea eel et beedistway, and that the seizure and sale by Wand
I had has wade without any previous demand for the pay-
' moot of the bilis. On the other hood, it was argued that
dto was age an oil of bankruptcy because,
assaudis. Ntb himkropt'a amomot, he was &windy aol-
,
vent of IL Note, sod gave Womigoinent not imetsinpla-
dos od Imakroptoy, sot with *vim of defroodiaw or deay
ing oreditors, bat in ardor la get Author eilivonees
from Woad, as as to 'sable him to tarry on
his bralsees,
ems lad ItaZronely to
the pay all his
cream Is essood point
met op by Ihe *IMO. that donde Wand did ea Is sails
legal llooi duatiol t helm** Win" Isod
dens se Is white n% hoileateMed the Idle ead
with
of oiM wee to to low with
raped to dna. Moeseiwi. be said, ma he dose, which,
it was submitted tom tantamount to a dam' t.
It was argued Mg the pad et tla if the
assignment We OMb r OM as, M aged upsa. is stop
Normanton's Webi the it would swoost te ea act of
bankruptcy ; tad the Lewd Met Jelehe pod the ques-
tion to the jury TANYA liorswelea Mai MT, on
his trade, after this moigiootot mum& mote Dam replied