The Express.
London, England, 1855-06-04 00:00:00

nwewswermem.
ffmee sows trent ants sine arse of Thank kr 39L, sad
dim* afterwenn he no nisi on he dm thldtmdens. who
Gaud to see seam eon Ns *end them eon, anga
Immediately began to ditto then awzlieeztezis the
Internist, ewe of the damndest., stow* Main
the ins an Innen Ina dews. Ile Wiei a pidesnms,
and es Ns rates Is fond ohs nod laden epos int the
sews der. Bo bad benne huad them the seat menfoff
mid dins ihem ben. The eon were la sloe degree Is.
jowl by bolo Ines sway ghly.
Wilson nabs loss eill es the part el the plaintiff
is myna was slew of Ille ere
The defi that the t Broome bad a claim
Ise mat upon a person of the name of Copal, who was a
neat of bb, and be had good reams to believe that the sale
of the coon waa a fictitious one, for the mere purpose
cows of
avoiding a distress for the rent. In asking on the ,
Broome had only intended to secure a jest debt, and took
1 the means he considered right.
His !Arabi!) haying fauna up,
••.p returned assedist be the plaintiff—damages 201.

COURT OF COMMON PLEAS.—JuIts 2.
*mums 11 ILIJICID.-1110111 MILT /MICR mance, ea. IPOTICS
DAULT, AND ace. !MICA CANIATTILL.
WOOD C. FoI.—NSW Taw.
The plaintiff in this we was the endorse*, and
and the
the
de-
fendant the maker of a promissory note ler 111 ,
action had been tiled before the Under Sheriff of Middlesex,
and a verdict entered for the defendant. A rule, however,
was obtained for a new trial, upon the ground that there
was no evidence on the part of the defendant which ought
to have has kft to the jury ; or, at all events, that the
verdict wee against the weight of evidence.
Kr. Prentice now appeared to chow ewe against the
rule, and Kr. Russell to summit it.
Among other pleas there was one that the defendant had
been induced to make the note by fraud, and without con-
sideration; and that it had been endorsed to the plaintiff
after it had become due, without consideration and with'
notice. At the trial it was stated that the defendant hid
had a pony of his injured, and legal proceedings were in
consequence taken. The attorney's clerk went to the de
fondant and said he wanted money for counsel's fees, and
the defendant gave him the promissory note now in quo.
doe to get discounted. Afterwards the clerk said he could
not get money fa the note, and the defendant thereupon
gave hint IW., but the note was not returned, and the de
Glut heard no more of it till this action was brought.
Oa the of the plaintiff several of thew facts were - Gon
TM Chief Justice was of opinion that the note had been
tle
given, and the evidence at the moat was only Ma,
Laset atterney's clerk had told • falsehood as to not
having dismounted the note, and so bad obtained an addi-
*sal IW. from the defendant. That, however, did not
vitiate the note, which the defendant was no doubt bound
to pay.
Rob absolute.
amens AT tin TIM, IN lAINDOIL—Ian...-
ANN a 00101011
VASA= O. SASTLITT.—AOTION TO FACOTIN THE AMOUNT
OF CALLS PAID UPO NIXING SULFAS.
The plaintiff in this cue Is a commission agent, and the
diefuniest is an -11/1 at Teignmouth. T 1
85 had
tafelnneneelkna /Ne, and in April, 1852, the do-
bbin* iffiff aimspeenee of Mr. Kennett for 1,0001.,
he 1111111 i to get discounted, and the plaintiff agreed
to glee fis I • cheque for 2001, an I 0 U for 2001, an
miteplesins at a neigh for 2501., and 600 shares in the Cefa
Owyn Elm, which were to be taken at the value of JIMA
This it was conducted on the cost book principle. NA
the dallmilest had n had the shares transferred to his
in the Wit book, and therefore the plaintiff remained liabfel
to pay the calls. lie bad in hot paid 3761.1
for calls, and he now sought to recover that
sum from the defendant upon the ground that ' 1
it was his duty to have effected the transfer and paid the
calls. Notiations bad taken lace between Arundel and I
Dowling, eg
whe, according to the plaintiff's case, acted ss
agents only, but the main defence set cep was that Arundel
was the principal in the transaction, and not the plaintiff's
agent, and therefore that the plaintiff was not sr titled to
we. There were also some questionq as to whether a proper
someler had been offered to the defenthint; and the est-
dansfe throughout wee of a contradictory character.
Us. Jamee, Q.C., and Mr. Macsamars, appeared
Attamgisfatiff ; and Kr. Serjeant wit
Bytes and Mr. Pee
afTttiefeadant.
jury impressed their opinion that the plaintiff, and
met Arundel, was the principal in the transaction ; and they
having answered some other questions, his lordship directed
a natinilt, but gave the plaiatiff leave to move.

Lt, 7UIRICI WILL

COURT OF EXCHEQUER.—JUNE 2.
srmam 331 Neeee.—heeeez TIM /DID CDIWW 3A32W, LWD BMWs
alasaios, PLATT, WD ILLWrOt.
IN 11 —, AN ATIONNZT.—ANTACHNINT.
Mr. Lush moved for an attachment to iNee against sa
attorney of that court, for disobeying an order of the court,
which was made in July last, and referred to the Master,
who found that 491. 15s. 3d. was due to the applicant is
this eat. The order was duly served on the attorney, who
amerseted to pay the debt and costs by instalments, and is
damn an attachment was to issue. That default had
bees sne&, _mad he now submitted that he was entitled le
Uwe es itelleent against the attorney.
The Oman thought that as the terms agreed to between
tie 'Wheat and the attorney were conditional they could
set gust en attachment, as the other side might put a dli-
lisnat eenstsnotimi en the agreement. The learned conned
stitake 2 rule nisi.
ll nisi granted.
OZOIIOI V. /10X1111.•••JURIBDICTION OP COMM COM
AMOS&
Mr. Francis applied for a writ of habeas corpus, to bring
u the body of the defendant, in order that he might be
from custody under an order of committal bit
the of the County Court of Rochester. The plaintiff
a judgment against the defendant on the 7th el
Kama last, for 361.7.. 10.1, with an order for immediate
a.
The defendant was arrested at the suit of sr 1
is=lirtedi tor on the 2nd of April. On the following day
he petitioned the Insolvent Debtors Court, and obtained
his discharge on the 26th. On the 19th of May the plaintiff
issued a judgment summons against him, and on the matter
coming on for hearing he was committed for 40 days, notwith
steadies the judge's attention having been called to his dis-
charge from the debtby the Insolvent Court. After his com-
mittal an aoplication was made to the ledge for his discharge,
but it was refined. The insolvent was committed under the
first County Court Aet, the 9th and 10th Vie., secs. 98 and
39, which gave a power to County Court judges to exercise
their discretion in the committal of persons who they con-
sidered had contracted debts fraudulently, or without
reasonable and probable means of paying them. The learned
counsel submitted that the judge had no power to commit
the insolvent in respect of a debt from which he had been
discharged under the Insolvent Act, the let and 2nd Vie ,
c. 110, which enacted that say person discharged under
that act should be released from custody upon proof being
given that the debt on which he was detained was included
is his schedule.
The Chief Baron—The Ist and 2nd Vie. was passed long
be Is the 9th and 10th Vic., and therefore cannot control
ibis ease.
Ma lends said he thought it but right to inform the
nun that be had made a similar application to the Courts
of
Climes Bench and Common Plus, who would listen to
his, an the ground that if they granted the habeas corpus
fter would inspeael the judgment in the ease of " Abney
v. Dale " (11 Cum Benekk 3713).
The Lord Chief Banos—'hat is the nature of that ease ?
M. Pawns said it was a ease in paint, sad the court held
litat diebnlo el
_the Closatg Om( bad the power of exor-
dia. iii imam as te the sentinillid of the insolvent
Se anseibelem nnemied that as the insolvent in this case
led ewe arengh amine easel, mg *On have ban ha-
Zlm two yeses's, the Indy of the Insolvent oast,
urniejedie of the Ossialp Oeutt had we Insiehnies. It
wee a tinily' as to the *iodising of she two ~to.
The -Chief Beres—lt does not appear that the Insolvent
Quirt teak err of the matter which came before the
County Court subsequently.
kr. Fronde— o, my lord, that does not appear. lie
Irani call attention to the ems reported in the First
O
XS, Papeete Dahlias, where a judgment being
ihe lamina was imprisoned
to
the leir.ot thls=
Oink and it was bald by the court was the
wee net as a pnislansent but foe the purpose el ems-
thibeViitno teems his money, and he was sem&
•
wee
—The insolvent is liable to be arreeled U
Ms thinks then is anything in his conduct of the
'Mame of
Kr. Bans Martin said he was lot prepared to go the
Mf entirely concurring la what had fallen from the
oid 111nree, and he thought the insolvent ought to be
salami M %wisp en action, so as to raise the question on a
write( ewes, m it was a very grave question, and of mace
bamboo. The Vonner decisions, however, boils' so as-
Wasiak to the application it must be refused.
Bale veined amordingly.
Lianmant m II1Psw&--

ZILCH OP AOll3-

MINT.
Sir Frededik Theelgor said In this ease a rule bad been
0bta....147M
hersed friend Mr. Desswell, on behalf of
tin maw es the defendant sad ous. Barter
mad Ikea. sidenespe of the damndest, to show cause
srpits is tlds should net be withdrawn, why the
seat=simid webs relharedi she Master, in order that
thes=aseowtein the demesesiebleb the plaintiff had eas-
ter= be
the breath el aa asiesesent, sad why
they amid ant be galled es to pay the seers of the ea
es between Wormy waddles& la appoadely to show
against the nib, be =petted Wes &Mjsa is eater fully
late the hob el the am The MIMS INS beesght on a
sovewest matebed la a essetwege deed 'needed by the de.
tenant in the Wet 'weary, NM, in eeseibealles ef ;the
adesaa et ROL by the *half toils. s.d the
was the peepirty of Ilse. Sperm, the
raTviti. It appeared that weeilese @Miss had been
mimed into betweat Kr. sad Ilse. Spenser ferdeill to
tbir amistambywbich ft we fined that odds based
be settled es Xs. figenew. with se
?allindlbes. Was. Poem wed Sine were
by the debedest la tbe saesseelles of tie
tar whisk they had wed bets rid hob Trllirisostal,
bind bed eadrely bee *be of the Iledmient be •
is of *Mee. pen. Mee tbe rev lOU to the peer
WM, des it ease to tbele beeteledge that Meows.
Ilisk od 1311 d, the *Mire lamb en lb
: s=lla with Ili dellobst. Webs. Baxter ee•
. Ma. WM, swigged *dr bill of oasts to
Am, dike the anumesses wades which it was is.
limed. eel wiliellbe miss& 7 we. the BM intim-