The Express.
London, England, 1855-02-09 00:00:00

THE EXPRESS, PRIDA? svENnia,, FEBRUARY 9. 1855.

letroioi %bootee& With the view, thetottats•l that lahlt,
mattes beteg ohltiotd, as Mow woad postpone its Jodi-
smut to a tattoo ito.
Jadiviest pielOstted.

rind eabhatisatter el the age semeet—thse was the perd-
pomp whisk was le-be demised te the pintitatait
it ham taninsges the agreement as
MOO ether three panne% the suitable none= is the
enalbsest sessr. lbehiewehl stillakame .411:40
lisesms.ehledelq. an Me issues Is he.
lieffloseimperlest a pert et the epit-
o4l she
popes three mean WPM lasr= hie *WV
residental whether it wan be he the sage
teraht the upedlidesAgslease es_ Wasamet
=souk The ifted wesia
so wipe the way fa which
=pideaneees end aim be worked set was se
an se *de wink *see natters whisk it wee lie
retel the murt le with. that it would be diliesie
y" b 7 any p the species perkssesse el
soh sdpidauons end he The ease, hewn..
had has dealt with se relieved ibis all Minty GS that
greed- SW it had hoes NM the! snug* there lle
spasm and nesertainty, yet by the mess of
beanie the penis thus spans an seasitainty
have bees remised ; mad, WISMSVOI. that es is the
part of this essesimiteles, se agilely deseribed, array
*at wadi mind to nines denatiens in the nfrahmeet
easeeenig bed bees removed, an that the
an delimilmas bed agreed bets
eas thencesiss
what Met amemmidaties need be. If the use had
rested sing lies. the siortweeld onlyise had le eassider
hew for this 'sedans were within the limits within
relish the end eels is deaseiag apostle peefernmase.
The pain^ by their oats of dealing, bed anseved all
allise-Ity is On subject, an it was invisible for them
lee sendri tide claim eo as to entitle them to the specie
of the at of April hind. What they
&Ira...eyed re- was dististaly the performance of
that epeement, set with say vs des sr @aphis; sub-
Whey. swept that part of the prayer relative to
Se agyeemest made in August. As certainty la
the tan ef as agreement was above all things sesseary
to inns the east to entertain the jurisdietics to deers
speeds ierformass, whatever it found that nese*
speemest had reensed subsequent variadeee It
2=
perfect satiny is regard to those villains as
the original agreement, pod required thee open the two
matters put together Whelan' form ons seneWat agree-
nest. The alleptiess in the hill throughout showed a
eimplete departure bem the original agreement in many
hapertaat pertienlase—set any a departure from the ad.
Psi spesseset, but a eispessation paid for • breech of
it, an a selienelisn of other matters in lies of those Mi.
titbit L The plaintiffs stated with per.
tarrth, thee the egreanest was dated in April,
sad asseart had hese made it August, the lea
spumes% was met parimmed at ad en the part of the de-
lisimele mei the meth of AegeeL Than was daring that
ponds swats nes-palesienee. What was des is
In In treat the sesperilmmeses of the agreement
es a mew to be dealt with on the footing of pseuniery
essigaralims. This INS distinctly averred a the bill is
doe sisti hiegraph, is alias it was stated " that varies
ins benne due le the. by way of conipeuatiork
Ai the ass-perforisesee of the agreement on the
hie of the defendants." If the court found ea
agreameat which had not boss performed, and that
It had been dealt with by the pasties themselves on the
hexing of pecuniary compeseatien, it would be extremely
didienit to my in any use, sent more in a case of such •
ind as this, that the sesperhentence of the entirety ef
the agreement should not be dealt with in the ems wsiy
that which the course of dents et the pins
had sanctioned with delmeiZeadike of the = t•
This lout only estirened r torformasee ef
leaving the parties le peseskey wispassadiss. where jus-
tice required actual shale pederemesse in lieu of pecu-
niary compensation ; tut the ere did not rest there, and
that was only one of the dignities which the plaintiffs
had to contend with. Not only was pecuniary compenes-
the aseepted, but, as appeared by the bill, other allotments
of eats counters sad shoes it the Crystal Pekoe were ales
taken by way of compensation for non.performence of the
agreement. This led the court to what took place in the
Medi of August, which was called a contract for comps-
mesh There was in August an allotment of contest and
wish pod es wersint and as to servants and other ses-
taingmam
ImileW is the relief sought by the bill. It was
NM tie fie pikiillb Oat all that was done in Assist was
e* is defies an make certain what was left vague and
• insailein le AFL TM case stated in the bill, end the
odine% shaded diee what was done in August was to give
angeleilliss and other things, by way of mani-
a to alesist to a variation of the agreement. In
:111216 • dwhat was asked was the specific per-
formed, of en agreement made in April, which no longer
.pieta,, an it was perfectly plain that this court Goad not
dims owl& performance of an agreement which had
bees to dealt with. His Honour concluded by mint he
--se Mimi Is Wass the injunction asked by the plaintiffs.

OSUMI 0. TATILM—SALLOONTXO.
In this saes the plakittif is the husband of the well knows
aeroaast, end kissed his action to recover SOL upon a cow
mut white had hoes mitered into between hie wits and the
defendant. by whisk the latter tudietosk to pay hes that
sum to make an must daring thepureed a Mt* given at
Chsvaley-park, war Newmedisk The•ansent. Inrwever,
was not necks. sni:Fionersta pmendiptymeat wee resieted.
la sonawar Oa Ms ahlution. the *IOW said
that the failure Meath* rewalt a a dotee supply of
gas, notwithstaadiag that a nada* supply had been gun.
ranteed by the gas aospany to whim the dahadant bad
paid the ups,* for the supply. It was conteaded, how-
ever, by the defendant that In lad only contracted to pay
(or the gas, sod that it wee the duty of Mrs. Graham to
superintend the halation, and to obtain the requisite supply
Ups. The jury upon the trial found for the plaint.ff. A
role was subsopently obtained to set that verdict aside,
sad to enter a normal,, on the ground that the contract
bad been contained in pertain lattin only, and that
throe letters did sot go to prove that which had been (W-
-eiland on.
Mr. Pigott and Mr. Hawkins now showed cause against
the rule.
Mr. O'Malley and Mr. Worledp appeared in its support.
The court 'emend an opinion that the verdict was
right, and that the rale must be discharged.
Hale discharged.
111117X011 as nos AT WINTICIPIIIIMi *FM TIMII,-1100•1 faol

LORD CRIMP MOON ROD SP *L 101111.
OAIIIIRLI. V. 11011111.-TAZIPASS.

Sir F. Timelier and Mr. Petendorff appeared for the
plaintiff; cad Mr. X. Chambers and Mr. &rill represented
the defendant.
This was ea adieu of trespass, the complaint being that
Mr. Benjamin Bond Cabbell, having derived certain pro-
petty at his brother's death, situated on Saffron-lull, had
stopped up a passage in George-yard, which the parish said
was a public right of way. The paving board, of which the
defendant was the clerk, removed the obstruction. This
was the trespass complained of, and the questioa at tune
now was, whether there was a public right of way, or whe-
ther merely it was a permissive right gusted by the Cab.
bell family. A mass of evidence was adduced, and the jury
ultimately returned a verdict for the defendant.

SHERIFFS COURT.—JA!.. 8.
wows Ka. ONIMIL =WIMP /191141.112.

lIMIIR V. TEE LONDON, RRIORTON, AiID 1101/T
COAST RAILWAY COMPANY.

This was a writ of ingUritoa;;;eiTtiO damages in an
ac ion brought to recover for the lose of a carpet bag and
contents under these circumstances. Oa the 22nd of No-
vember last, the plaintiff's wife wet travelling from Chi-
chester to London, and her carpet-bag was left at the sta-
tion, with instructions for it to be placed in a entrain train,
but by mistake it was sent by another, and was lost. The
value of the contents was estimated at 201., for which sum
the jury gave a verdict.

IitAXWILL. DANT, V. 70/111/10N.
This was a writ of inquiry. The action was brought to
recover money paid on the purchase of • horse, dro.
Mr. Hawkins appeared for the plaintiff, and an attorney
for the defendant.
The plaintiff, Sir John Maxwell, Bart., it appeared, in-
structed the defendant, a buyer of horses on commission, to
purchase him a carriage horse, and accordingly one was sent
to him, a very Sae looking animal, the price of which was
90 gUiO9lll, • cbequi for which sum was remitted to the
defendant, who in the usual way warranted the horse to be
sound. The plantar, however, soon found that the horse
was diseased in the legs and otherwise unsound, being what
in stable phraseology is termed a " whistler," and accord-
ingly Sir John sent it to the Veterinary College, where it
was pronounced swotted. Ultimately the horse was sold
for 141. 3s. 6d., and this action was brought to recover the
difference between that sum and the price paid by the
plaintiff, for its keep during the time it was in the plaintiff's
possession, and the expenses incurred.
The jury gave a verdict for 1001.

1/101111 vionuanosszox m MIL WIZ VIM
/Mg= V. LANOOOII3I3 LCD °TRANS.
Hr. Bolt, lir. Daniel, and Mr. Rogers moved for an
Aleutian to restrain an action Wong lit by Mears. Wil-
iam', Deacon, and Co., the bankers, against the plaintiff,
upon a bond conditioned for the payment of 30,0001. The
ground upon which the motion was founded was that the
bond wit entered into by the plaintiff as surety for the de-
fendant, Mlilregor, the chairman of the South Bittern
Railway Company. That the bankers were aware that that
wee the fact, bet that the bond was drawn without showing
the fact of suretyship on the face of it, sad that he executed
it without being aware that inch was the cue. That at the
time of the agreement to execute the bond then were large
transactions between the bankers and M'Ciregor, and that
the true facts of his position were concealed from him, and
that he understood that certain securities were to be depo-
sited with the bankers, which would materially diminish
his liability, but that such securities were not so deposited,
and that the ntheeresent dealings between the bankers and
M'Gregor had discharged the surety from his liability.
The cue of the plaintiff was not completed when the
oust TOM

COURT OF QUEEN'S BEN
mw AT lUD MOB AT wienmara.-1
AND COMMON MUM
1117210Wi1l V. TRIQUIT.-1

Mr. Chambers and Mr. Huddleston appeared for the
plaintiff, and Mr. Berjeant Wilkins represeated the der's-
dent.
This wee an action brughtby the plaintiff, a clerk in the
Bank of England, against the defeatist, a clerk in the
same establishment, to recover cogagelosties in damages
for as assault. It appeared fremlbe feldonse me balisMet
the plaintiff, supported by his .en leAmmey, that • the
10th of July last, the defendant entered the Truett/PA"
and accused bins of having insulted his daughter on the
previou Thursday, the oth of July. The plaintiff denied
any knowledge of having dose so, but, after some *item.
Lion, the defendant called him a vagabond, threatened
to put him across his knee sad whip him, and,
lastly, seising him by the *oiler, shook him
violently, which was the assault complained of. From the
evidence of the defendant, it appeared that soon after his
retain bees to his residence, in the neighbourhood of Cut-
benne, ea the oth July last, his married daughter entered
the Mese in a very agitated state, sad complained of having
bus molly insulted by the plaintiff, and that he, suffering
krallte Welt and indignity offered to his daughter, had
tell the_ pkintiff that if he ever again insulted his daughter
be mode lauds, him. The plaintiff at the time denied
beirbeg in any way offered an insult to that lady, and added,
if she but said that be did, she was a " liar." Upon this
the debodaat seised the plaintiff by the collar, and shook
him.
Mrs. Breerelos, the defendant's daughter, preyed that
dm bed hen ea the day in question insulted by the plaintiff,
game es meting her in the street, bad tamed round, stared,
and flailed in her fees, and .so marked was the insult that
that lady had said to him, "I'll thank you, sir, not to
stare at me."
Lord Campbell, in leaving the ease to the jury, said—
That the law would not Justify an smolt ; but, at the some
time, if the evidence adduced on behalf of the defendant was
entitled to any credit, the jury would award but nominal
damages to the plaintiff There never waaanything 1110 w
insulting than the fondest punned by the plaintiff towards
the defendant's daughter, u described by that lady, who be
thought had given her evidence in a most becoming manner.
On the other hand, the plaintiff had denied all knowledge
of having insulted the lady, and it was for the jury to say
to which side they gave credence.
The jury returned a verdict for the plaintiff, damages one
farthing.

COURT OF

ITITUFee a llateee-AMTOI3I WOWS PeeEl, Mioeolll. Ifiert, AHD
SUMS.
1111131112 A IP. ZILLS.
Mr. Willis appeared fee the plaintiffin this sue, and Mr.
ter teat Shea for the defendant
This was a special eau agreed upon benw the parties,
with the view of nisinE the guidon as to whether the
trustees if Rommel* Harbour had authority nada" their
arse to levy minas tolls ea the vessels of the defendant,
which he employed I. bringing opten from Jersey to the
oyster beds hilt..; the defendant oontendiog this those
vessels were sumpt under the acts having reference to
" Fishermen "or " Coasters," sad, therefore, that whether
they were es or apt, the trustees minuet empowered to see
for the tolls. that they mould only levy for them by distress,
and that thatiovy eoubl ally he for arnan for less than the
lest two pew
Tie bane' snug baying emended their arguments,
The Caen gave disk rm,Waiwas jadrent ia favour of
the pleiatif. Their hadebige. wen o whim that the
*Maul was entitled., /visual on all the plats, with
the moths et *et OM whin the guides wee whether a
yawl maldzemth a mew mat $ " eashese" within the
leeeabeg et est mei* veld* the plehadrelaimed. Now
there was seaman that Ma pkiatit, repesesating the tru-
ism et the harbour, meld she for the toils as well as levy
then by &Mem it weeds. 'gully slur that this was a
" Made la Ga." sod is a" 9iMig whhh welt la the
latter ewe meseept
s the deaullesee vessel. Thu as le the
sallniem, the ight to ewe was derived ad a eltoi d set
li
width swabs/ se Iktimiles dam Thw emer agdain, as to
the question—Mat whether this need was a " ouster"—
the point raised wee as is what wee the yawns or the is-
teatime sifts legidature at the time they used that none-
aim. la the year 1793, la WA year the set was paned.
♦ reheemse te the Ceetewhease entries would easily ester-
, tate what the erigisal latimpreladat et the was ;it
would, by these book% .heesset whether iamb eleaelag out
I ben Leaden the isteay tin dealt with se " essaters," in
the steam emu en whether thry awe "wasted as wads
WON hear* part an the MgMeh suet This was
• hel while Was wouldllis **sun should be pet
la pmemdres in i way mash smith this is sr