The Express.
London, England, 1864-02-11 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

1-;17 OF COMMON PULLS.

~‘ ?rim is Lasdao.—(Bala• Lard Cbid
Jurtres Ed* and a Special Jury.)

pat I :HAMMOND—OW.III6Bit OW • /WA-NAGEL
WIZ su actioo to recover damages upon the ground
a the plaintiff had beim dismissed from $ situation of
mazer of a wine trade beton the time for which he bad
, n enoired bed expired.
~•. appeared for the plxietiff, and Mr. °mend,
1 Mr. Raker for the def.-a:Want.
.1.4,..1ant was in business at Brantford in the beer
era ; and being desirous of extending his tram-
wine he in November last engaged toe plaintiff
•e well acquainted with the wine trade. Tbe
plan-
we, that be wee engaged for a year, the saLry
; and a bonus of 304 being promised. Son after
~.cement was entered into the plaintiff was dismissed,
I It.. fora month's wages was offered to him.
oo the other band, the evidence for the defendant was
LI, engagement wAs fore month certain at LW. • month,
. I m..t upon something being said about the plaintiff being
h in his situation, and upon hie being told that be
• le,ve if be wished, and 101. being tendered to him, he
'.;.vioed himself.
The ,ury booed for the plaintiff—damages, 601.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordiaszy.)
TWCLLB C. CLARKS ASD MHOS.
Mr. Hint.Pesten. tj.C., and Dr. Wiambey for the plaintiff ;
31r. M. Chambers, Q.C., and Mr. Searle for the defeedasta.
The plonititf propounded the will of Hester Cooke, late
of Fodell-street, St. Giles's, metal broker and the dr
fakbou pleaded that at the time of its alleged execution
teetatt:x was not of competent capacity.
father of the testatrix wu for many years agent to
Emord Mellor Twells, of Birmingham, metal maker.
‘t bii ti-emee he left three daughters, in whose hands Mr.
Teen, counted to continuethey. One of the sisters
wee died. hut [Mother tore the laminae' together
fora long period. le 1862 a mooed sister died, leaving the
to,:stria. Hester, who only survived her till the 27th of
m„. 1.... t. At that time she was no leas than 80 years of
it,: sod the will in dispute bore date the 28th of November,
1.42.
In behalf of the plaintiff it wee averred that the testatrix
had drays been on terms of put intimacy with Mr. Twella
ft Novernhr, 1862, be called upon her soon after the death
her ,Liter `cash, and she informed biro that she had •
grog deal of money in the house. He told her that it was
LtJes'eable to keep so much coin in • private house cope-
:,':c in a district like Pt Giles's. and she Mime-
d,telv went upstairs and fetched down in her
amon 1.17 W. 55., which he invested for her in the Three
per Cents. A few days after she told him that she bad some
etb,r r.,oncy in a box of which she had mislaid the key ; but
ste sent for a carpenter, had it broken open, and
ex,: out 512/. Its. 10d. This was also invested for
her, the two sums purchasing 2,1911. 61. Id., of
rock : sod she had already 750/. in dummy. security.
,horfly after this Miss Cooke's business letter to Mr.Twell's
saddenly ceased, and feeling certain from that circumstance
1,..t she most be unwell he wrote to hie son, a clerk in the
bank of Messrs Homeraod Attwood.and brother totbe Bishop
dtheorange River Free State, desiring him to call upon her.
Mr. ruins. pin. (the plaintiff), saw her on the 25th or 26th
of November ; and found that she was confined to her bed
from the effect of a severe cold. On the 27th he saw
her train and she bad • conversation with him
en the subject of • will. He recommended her
ti seed for an attorney ; but she did not like lawyers. He
then told her that he would come end read it over to ber,
e that there might be no mistake. She would not consent,
Ea she begged him to put down what she wished himself.
tie mid oho wished his father to have the two bourse she
ill in Eadelletreet, upon a lease of 5,000 yule, and her
AtoM3l3. Edward Wells, to have 1,00. Oe being asked
chetber she would sot remember her relations. 111111 said
tau she knew scarcely aaytdeine about theta, and
Mon whom she did know she did not like. She
cossetted, however, to give her main William Clarke a
few acres of land which she pommel in Gloucestershire,
std a legacy of 50/. She bequeathed another legacy of MC
to Hanel: Raoul, of Kingsgstretreet, and the residue of
der property to Mr. Well', see., whom she appointed her
mentor. She also damned • proviso to be inserted
stpointing the plaintiff her executor if his father pre-
&mod ber (as bad proved the case), and divided the re-
, doe in that event anamerst rub of hi children as were alive
at her death. The reason she stated foe this dispositils
1M the fact that she bad made all her money
Teells's service. The plaintiff took away the memo.
nods be had made, and had a draft will drawn up from
them. This was executed in the preemies of Mr. Berry, a
wpm. and Mr. Corbett, as attuney's clerk, who
ewe the attesting witnesses,
At this time she
ma math better. She was up sad droned, and
she afterwards so far recovered as to be able to rename her
I..,,sers. Mr. Twells had ASKS discovered that she bad
two other house' in Loodoo, one (freehold) in Gloucester-
rreet worth 401. or 50/. a rear, cad the other (copyhold) in
l'ery.,Ntrest, Tottenham-eourt•road.

[Thane w proceed* when we went to prima.]
COURT OF BANKRUPTCY.
(Before Mr. Ocunminaioner Pam)
SE J. H. HARDT. -FAILORIL IN TB! DONDIIGN.-1112
LONDON INVISTNINT COMPANT.
Toe bankrupt had bees a drynalter, in SwanAstrest,
Boron h, baying a private reaideoee Cobourg-terrane,
19dKeneroad. Aim wee a woad bankruptcy, and be had
been recently opposed and taken off to prison on leaving
the court.

Mr. Pork sow preempted • mortgagees petition to be
glowed ow behalf of the London Isvestmeet Compsay for
oils of the premises in Sean-street. In Augusts 1862,
the bankrupt required • loan of 2001., which the company
spied to lead him, taking as security • bill of mho as
his furniture and the lease in the Borough, which was also
deposited with them. The money was to be
_repaid is
two years in eight quarterly instalments of 301. each,
Toe bankrupt paid two instalments, and no more. Ha filed
his petition in this court in November. 1863. The emotes-
pes. that was the con:espy, sold the furniture wader • bill
of mfr. and after paying the oasts and charges, set the
Nance against the debt due to them. The company sow
claimed to be equitable ametgageen for 1601., end they
now asked for an order of sale is the usual domes. They
"'mid! applied that as amount might betaken of the unmet
d2e to them as principal sad interest.
The Commissioner—interest to the company? (A laugh.)
Doria—Yes.

Mr. Crtess; (instructed by Mr. C. Lewis) appeared far
the usigoeee, and paid there were no mesa. . Aa action of
e:ectment had been broturbt against the bankrupt sad no
rib had been effected. He merely applied that the owls
should be paid by the applicants so that if no ale took place
the assigcees should not be out of pocket, and on that 000di•
non would consent to the prayer of the petition.
Mr. bone urged that soon an application was most an-
imal. They were willing I. take upon themselves the
coedoct of the sale and liability for the coat. By such pro-
ceeding the mate would not be damnified, and he bad only
that morning corrected a proof which would smear be
Siturday'e print, in which Mr. Commissioner Holroyd
held that opinion, allowing the &Mow at the same time
to 6: a reserve bidding.
The Commissioner said that he thought it was a reasonable
offer, but be should fix so reserved bidding.
Mr. Doris said that they proposed ha nominate their ova
auctioneer. The corepanj had already lost 160/. by the
by apt, oloupt, and would rather pay 301. than 601. to an auc-
oteer.

The Commissioner mid be should allow the company to
bare the conduct of the premedinge.
Mr. Doria mid that the mammy were willing to bob' the
alliruees harmless against say proceedings takes agaemt
them be the lessor of the lwallawm
i.Wirteen submitted than Yr. Doris was asking far
something ant in the metier of hie petition.
The remos.ioner said he should grant the application.
M. Kish and Mr. Chidley appeared se the matter.
MIDDLESEX SESSIONS.