The Express.
London, England, 1852-07-03 00:00:00

Aft WENT T.)
.I.OIID. CAMPAZI:L7

Lord Catiipi;il,rrsterithata;:linirtii;-serIOIVI accident
which he met with yesterday evening, in consequence of
having been thrown be his horse on ffiruthwark-bridge, was
sufficiently recovered to take his seat in the court to-day.
The noble and learned lord received a severe contusion an
the head, and bore evident marks of the injury he had
sustained. The court was occupied all day in hearing a
patent cause, Hastings v. Brown," which was not con-
cluded when the court rose at 6 o'clock. His lordship
would have sat later, but for the interposition of the bar,
who manifested the most lively interest in his lordship's
state of health, and urged the adjournment of the court at
that hour.

COURT OF COMMON PLEA&—YESTERDAT.
6nmee. AT Out Paws sx L.rlig.-pIMPOI Can, James

• • - •- •••••••-•••
J.¢VIA AND A SrscuL

T. FOSIIIERT ♦ND ANOTI
MEDICINE BUSINT.IIS.

PATINT

The plaintiff in this ease, Mee. Richardson, brought her
action upon a promissory note for 44/. 10s., signed in the
name of Francis and Co., and the defendant Fosberry suf
fared judgment by default.
Mr. Bramwell, Q.C., and Mr. Hawkins appeared for the
plaintiff, and Mr. Iderjeant Bytes and Mr. T. Jones were for
th defendant, Balls.
It appeared that the defendant, Fosberry, was formerly
captain of one of the East India Company's ships, but in
1812 he retired from their service upon a pen-
sion. At this time he was posseued of the secret
of making certain medicines, which he christened
Dandelion Pills, Samaritan Oil, and Emerald Oint-
ment. Being desirous of increasing his means, be
advertised far a partner to join him in making and vend-
ing his medicines, and this advertisement was answered by
the defendant Balls, who bad been captain of a merchant
vessel. The result of the matter was, that Capt. Balls
signed an agreement for partnership on the 23rd of January,
1817, and paid Capt. Fosherry 1501. consideration money.
Shortly afterwards Capt. Balls again went to sea, but be-
fore going he gave Captain Fosberry SO/. to carry on the
business with, and he did not return until April, 1848.
Ile then had an interview with Capt. Fosberry and es-
premed his dissatisfaction with the business, wished he had
had nothing to do with it, and said he would take SO/. for
his share in the concern. Capt. Fosberry remonstrated
with him, but afterwards he tried to raise the money, and
although he did not succeed until after Capt. Balls leg
London, yet afterwards hi got the money and
sent it to a Miss Corks, who was left in the
management of Captain Balls' affairs. This lady, however,
declined to take the money, and he then asked her for
some money to carry on the business with ; but this was
also refused. Captain Fosberry for some time lodged with
Mrs. Richardson, the plaintiff, and he applied to her for
assistance. The consequence was that sho supplied him
with money and goods to the amount of 14/. Its., on account
of the partnership, and she also boarded and lodged a lad
who took out the medicines and gave away bills in the
street, until her bill amounted to 29/. 14.. Subsequently
she applied to Captain Fosberry for security for these
sums, and he gave her the promissory nute in questioa,
which he signed with the name in which the partnership
business was carried on—Francis & Co.

"`Tli:flerreantHilesOhjeefeTthafas a promissory note was
not a commercial Instrument, a man bad no power to bind
his partner by signing one, and this point wu reserved for
the court. He also contended that the action was really
Captain Postrerry's action, and that the plaintiff's name
was only used to conceal the real plaintiff.
The jury retired from court, and after being absent for
upwards of an hour, they found a verdict for the defen.
dant.

Lox7s. DISHOP.-ACTION TOIIZCOVER DEPOSITS VPOI,I

RAILWAY 811ARE$.

This was an actiot;ToieCtWer4ol.paid by the plaintiff,
as long ago as 1846, as deposit upon 20 shares in the
Dutch Hanoverian Railway Company.
Mr. Knowles, Q.C., and Mr. Cole were for the plaintiff;
and Mr. Crowder, Q.C., and Mr. Hugh Hill, Q.C., for the
defendant.
_ _

The pinata in this case is a stationerein Abchurch-lane,
and the defendant is a merchant in Crutehed-friars. Early
in 1846 the plaintiff saw a prospectus of the Deitch Hano-
verian Company, of which the defendant was one of the
directors, and hegplied for and obtained an allotment of
20 shares, and d the deposit upon them. The plaintiff
now sought to recover the roomy so paid by
him, !upon the ground that there had been a
total failure of oonsidemtion. The capital of the company '
was to be 1,200,0001., but in fact only 4,0001. or 6,0001, was
received for deposits, and of this part was employed in
"rigging" the market, and the remainder in the legiti-
mate mama of the company. The contractor did
actually begin the works, and d,OOOl. caution money was
paid, tke amount having been previously borrowed! of the
London and Westminster Bask. The affairs of the com-
pany, however, get so low that the secretary could not find
money to pay the porter's wages, and the balance at the
bankers was only 7s. or Bs.
The jury found a verdict for the plaintiff for 401.

SECONDARIES' COURT.—YESTEILDAT.
1/11/0111 MIL lISCOODAIT roma.
Crran.s. v. HICILIt.—Cut*. Cow.
This was a writ of inquiry to area the damage/ in an
action brought to recover for criminal conversation by the
defendant with the wife of the plaintiff, judgment having
been "offered to go by default.
Mr. Edwin James, Q•C , who with another learned
gentleman appeared for the plaintiff, stated the nature of
the action, which, he said, bad been brought with a view
to ulterior proceedings, and said that a verdict would be
taken by consent for WM
Mr. Sykes, for the defendant, expressed his assent to that
course being taken, and
The jury assessed the damages at the amount stated.

COURT OF BAN]
_ Hams Y■.

r.--YESTERDAY.

lqms.

IN Ili STINSONTTOTAL
The bankrupt, a boot and shoemaker, of the Old Kent-
road, applied for his oertilicate. He owed to creditors,
8201.; tweets about 2201. The profits had bees 251. ; trade
and domestic expenses, 4391.
Mr. G. Browne opposed for the assignees, on the maul
that the bankrupt had committed varioes Whams am-
prised in the penal section—destroyed hoots aaA ebtabeed
cre..it by fraud and false pretences. Five years age be
bad carried on business in Lincolnahire, under the asses of
Jackson. Shortly before his failure he bad obtaiaed reeds
from a creditor on the representation that be was peaumed
of an estate in Rethadahire.

Mr. Archer appeared for the beakrapt.
Mr. Hiseock, wholesale boot and shoe-dealer, deposed
that the bankrupt had obtained pod. from him to the
amount of 1001., on the representation that he was entitled to
WWI landed property in Entkandshire. He oilseed to de-
posit the title deeds with witness, sad Neared him that he
was in receipt of the rents and profits, and had him so for
19 years.
Mr. Heeiroies, an attorney's clerk, confirmed this state-
meet. -

I :Creditor named Corbet proved that the bankrupt had
obtained goods and mosey from him an a similar state- I
meat. The bankrupt told him hie father had bees bead
steward to the Duke of Rutland ; that he was the eldest of
ten children; that he fell in for the property through his
mother's sister; and that since he had become possessed of
it hie father would not speak to him. Witness subsequently
found that the statement was utterly false.
Similar testimony wee given by Weer witnesses.
His Honour said that nothing could possibly be urged in
defence of such conduct se that of the bukrupt, who had
gone about the country plundering every one who would
trust him. It seemed that when he went into a new place
he assumed a new name, the former ase being identified
with melt knavish doings that be could not be trusted by it.
It wee clear from the *eidetic., of several respectable wit-
names that the bankrupt's conduct had been little better
than downright robbery. To web a man that court would
aot great any certificate at any time. He only wondered
that, after such conduct, the bankrupt had the audacity to
apply to the court at all. The court meet not endorse a
falsehood, by certifying that the bankrupt ought to be
trusted, or appear again as a trader in the mercantile cow
inanity.
Ix as Lacazummc.

There was a dividend meeting to day is the eue of A. A.
Lay-keratin, Eut India merchant, of Broad-street-baild-
inys. The amount of meets in haul is about 7001., and the
dividend, which will be shortly announced, will be under
Is. in the pound.

MIDDLESEX BEBBIONB.—YranaDAT.
BMUS Ma. lIILSJSANT ADAMS, MOM APT JUDO..
Milian, Hallos, a tall morose-lookina man, was indicted
for having isflicted grievous boddy liana oa Oink Hodges
kb bib.

1117;vidooes of the prosecutrix, ea given before the
_tents at the polies mart where the charge was heard,
was is direct contradiction to that now given before
the jury, her object clear:y being to eases the defendant
from the mmequences of a conviction. On the former oc-
man abs stated that she and her husband lived at No. 4,
HeL lane, SpitsUleldv, and that by trade le was • cabinet-
' maker. Oa the morning of the Ittli of Jose he west hose