The Express.
London, England, 1855-05-01 00:00:00

MINt24O ASSOCTATION.

SIMPPAILD V.

Mr. Daniel, Q.C., and Mr. Toiler, appeared in support of
a demurrer filed to the bill Is the above seised case, and of
an appeal motion from as order for an injunction and re-
ceiver made by Vice• Chancellor Wood, under eirounistences,
the particulars of which are reported fully in the impressions
of the Daily News of the 23rd and 28th inst.
Their Lordships, without hearing Mr. Ruh, Q.C., and
Mr. Boggsßay, who appeared fur the plaintiff, overruled
the demurrer, ressrvieg the benefit of it rill •he bearing of
the cause, and confirming the Vice-Chancellor's order for
an injaaotion and receiver, with the following variation, by
way of addition thereto, Appolr t Mr. Ozenford receiver
and manager of the property in Brasil, with directions to
carry on the working of the mines in the ordinary coarse of
boluses ejet him pare his accounts, and pay his balances into
court half yearly, mama the court shall otherwise direct,
upon application to be made from time to time by Mr
Ozenford. Refer it to the Vioe-Chanosilor's chief clerk, to
inquire in what manner it is fit and proper to deal with the
slave property of the association."
It was agreed that the costs of the motion on both sides
should also be costs in the cause.

COURT OF QUEEN'S BENCH.—Aran. 30.

SIMMS' DI

TUB QtriiN •. COTI.U.-PUBJUILT.

at/1101 LUZ.

In this ease, which was a rule for a new trial, on the
ground that additional evidence had come to light sines the
defendant's conviction, and which was mentioned in oar
columns yesterday,
Mr. Huddlestone was this morning heard against the rule,
and Mr. Edwin Jamas and Mr. Hawkins in its support.
Lord Campbell in delivering judgment said he was satis-
fied with the verdict on the trial according to the evidence
then addesed, but as new evidences wield now be brought
forward the court considered the defendant should have the
benefit of an investigation before another jury. The rule
for a new trial would therefore be made absolute.
Hale accordingly.

COURT OF COMMON PLEA3.—Anut 30.
DITINIM DI 1411100.—11001 R =III /Cartel JiIYII. S. IVITtel
eILUSWILL. I. JUITIOR WIRLDMA, AID MR. JUDD. CROWD{!.
ill RAITIIIN COMMIS RAILWAY COMPANY P. WOOD

£2513 OTEIRS.—CONTRACT FOll Tan SUPPLY OP COTT.
This ease came before the court upon demurrer to certain
pleas, and the action arose cut of the following circum-
stances. The declaration stated a contract that the delta-
' dents should supply for a period of 17 yam and the com-
pany should take all the coke which they should require
for working the up and down traffic between London
and Cambridge, London and Colchester, and for
the branch lines, the defendants to supply 660
tons at Blacks/Li and 100 tons at Wahl Star
per week at the least. The defendants then covenanted, as
a condition precedent, that the coke should be of the beat
quality, and in consideration of that covenant the company
agreed that so long as it should be of the best quality and
punctually supplied they would abstain from purchasing coke
from any other person. The breath alleged was that the
defendants, from the Ist January, 1854, had made default
in supplying coke to the company. To this cause of action
the pleas demurred to raised the defence that the company
had wrongfully taken from other persons large quantities of
coke contrary to their covenant, and that therefore the
defendants did refuse to supply the company with any more
coke. Thor question raised upon demurrer for the consider-
ation of their lordships was, whether the pleas were good,
or, in other words, whether it was a condition precedent
that the company should take all the coke they might want
of the defendants, and not purchase any from any other
person.
Mr. Kaye appeared in favour et the demurrer ; sad Mr.
Maniety to support the plea*.
The Court thought tharthe stipulation was not a condition
precedent, and that the pleas were therefore bad.
Judgment for the plaintiffs.

COURT OF

r.—Aran, 30.

311011 MIL COMMISSIONER PONSLAMIIIIL
IN RD CLAILLI AND DAVISON.
na bankrupts were warehousemen, of Cheapeide. This
was the adjourned examination meeting. The accounts ex-
tend over thirteen months prior to the bankruptcy in
February lsat. The following are the principal items:—
To unsecured creditor', 24,3661. ; ditto secured, 6.7371. ;
liabilities on bills receivable, 41,7932.; ditto on acceptances
for which no value had been received, 9261. ; other liabili-
ties, 16,4801 ; capital of Clarke, 6,9981.; Mao of Davison,
4311. ; profits, 1,8911. By Rood debtors, 2,3301. ; dut from
C. Stet/bridge and Co., 7,9984 ; property given op to as-
signees, 4,2871.; ditto held by creditors, 9,0641. ; trade ex-
penses, 7,4721; losses, 6,0231; drawn out by Clarke, 1,1761.;
by Davison, 1,4961.
Mr. Reed, for the assignees, expressed an opinion that no
benefit would result from a further adjournment, as there
was in reality no difference between them and the bank-
rupts on matters of Agana. One firm returned as a debtor
for 7,9001. chimed to be a creditor on the estate ; but the
question was one of fact. Whin some copies of documents
were supplied, there would be no objection I. the bankrupts
passing.
Mr.-Linklater, on behalf of Messrs. Btanbridge, who were
returned as debtors to the estate for 7,9981. denied that any
such amount was due from them; on the other band they
were creditors on the estate for 3,0001. or 4,0001.
Mr. Lawrence, who represented the bankrupts, stated that
their amounts were well kept, and that they were pro-
perly vouched.
The Commissioner—Whichever way this claim is decided,
I suppose there is no reason to believe that the bankrupts"
have kept back any part of their estate ?
Mr. Lawranoe—On the contrary, they say we are so-
counting for too mask.
The bankrupts then poised.

INSOLVENT DEBTORS COURT.—ApaiL 30.

IBABAOK OF TRUST ST ♦N

.-IN THI MATTI

OF ONION MORRIS.

This insolvent, who hart been a cattle dealer, &c., at Lei-
cester, appeared to receive the judgment of the court. The
complaint was a breach of trust on the part of the insolvent,
by " Joe " Monis and Ahern, the children of Joseph Mor-
ris, to whom he was executor. The testator was nephew of
the insolvent, and had been in partnership as cattle dealer
with him. Joseph Morris died 20 years ago,and some time
back the children filed a claim in Chancery, and the insol-
vent had been ordered to pay 4061. into court, the Muter
disallowing a partnership claim wh,eb the insolvent had set
up to account for the money he had received.
Mr. Commissioner Phillips, in giving judgment, said it
was a heartless ease. The insolvent, in his character of
executor, had abased the confidence of the dead, and had
deceived the living. There was no pretence for the claim
he had est up in Chancery. The insolvent had been four
months in prison; and considering his age (he being an old
man), he hoped he was not too lenient in giving the re-
mand be intended. His honour then pronounce(' a judg
mint of eight calendar months trim the vesting eider for
the breach of trust he bad committed, which judgment
would keep him four months longer is prison ; and he
could assure the insolvent that he might consider himself
very well el.