The Express.
London, England, 1852-11-04 00:00:00

BAIL COURT.—YEarrEaDAT.

lIMTINA AT NW Paws. PATOIS lit RATKO CROMPTON MID
ClllBl2. Joann.
MCNAMON O. WlLOUN.—Rumxtro DOWN CA/1L

The plaintiff in this action was an attorney's clerk, and
the dekadast a butcher. The plaintiff sought to recover
damages fur injuries which be had suatalned, in cease-
queen of the negligence of the defendant's servants. It
appeared that oa the 21st November last the plaintiff went
to Deptford in a gig, which was drives by • Mr. Palen.
They stopped at a public house on their way home foe some
time, end afterward., in driving to London, ran egaiut
tart end hone which had been left by the defendant's an
vanes in the middle of the street, which was only 15 feet
wide. Both parties were thrown out; the plaintiff's ear
was nearly cut off, and ho was otherwise seriously injured,
and prevented from encoding to his bueinese for some time.
For the defame it misstated that the hone and cart were
close to the side of the road, when the latter wee being
loaded with tallow; that the defendant's men held the
beree's head and called out to the plaintiff to take care. It
was also alleged that plaintiff was not quite sob., at the
time.
Verdict Ileg the defendant.

COURT OF COMMON PLEAS.—YarnaDAT.
Saitme• i. Baiscx—llaroas Ones impel' June, Mr. Jumat
111*et.a. an y. Janice 'faLrovao.

PAILITIL O. Tim 0/BAT WISTIRM RAILWAY COMPAKT.
A Scrim iv COURT.

_.„
This was an action mums: the Or. at Western Railway
Consp.u.y to r .ser the =maid of a gnat number of
aliened over-.•s. da.e mode hl them epos the earnarp of
parses; and when the ane erase on for trial before Lord
Truro, he ordered it tr. mimed to arbitration, contrary
to the sp....ad wish of the Instati/ who wished it to be
tried a ..sry. At leash, ho.w..ver. be agreed to take an
US Mat to tel 1.1 tAn 'natter. hat Aar t ,at
sans tot &V.I. as F. the priori* upon which the
costs shoo) I he t ssell. and the re set was again scrotal
thros sonny bt nothr the ,ratite ..r the yam daring tail
teen!

Kr. Parker, the plaiwitf, mqv-d fqr and*, callion
op se Mr. 11 art \Venter, w lei formerly hie attorney,
to *bow ratio. why 'to,. M ih.ited 1,1,4 review Id. teza•
oba, ro Irani 'o an aviremen• hetweira the plaintiff
in,' if, %Cube,. nod why 17IP 0. 31. pod latti ecrurt, by
miler of Mr. JuiCe • Wiehtsian. ••hooli not be paid to the
141,414, with 'lath further sem ea he might be bead to be
eseiued to tipm tbs. •iialont of the bill. ildr. Parker
adilrewed the court at enosi .ereble leituth, and with some
warmth, bet the teem m (or as they mild be gathered,
premed to be them : After scan of arbitratien. Mr.
Park, ',wan" gmrtg nerd hi. claim against the company
for dna, way emnp •liv by the moat taro to eocaprornim
the matter for 4,01 t. anal costa. Mr. Walker was Mr.
Parker's attorney when the mums true ceenmssesd,list Mr.
Parterleaving elisauei hi. Wormy, Mr. Walketosineto were
PEA as Mimes asking sad slime. Whoa Ms. Walker

agreed to take the matter op he also verbally agreed that i
Mr. Parker should pay all ruoory out of pocket, and that
Mr. Walker should have what be cuiril get from the do-
lenders's, and should have no more. lt was now objected
that certain things the blaster had allowed fur had not '
been dune, that soma things done were not necessary, and
teat part of the work Mr. P.if kir hail .lono himself, and lie
claimed under his agreement with Mr. Walker the amount
of there items. Mr. Parker also complained that their
lordships bad never understood the ease ; that be had great
reason to eourplaia of the wort, for through their misun-
derstanding of the matter he had lost 10,0001.: and it would
have been a great mercy to him if, instead of Lord Truro
persisting in referring the case, there bad been a verdict
against him at once. He reared their lordships that
it was the last time he would trouble them, fur,
if he once got out, he would never come into the Court of
Common Pleas again at long as he breathed. It would be
better to submit to anything thee do so, for in suck a pod-
tern you were not only in danger of losing the coat sad the
cloak, but the shirt also. Ile certainly would never roma
into the Common Pleas again.
Mr. Justice Mauls—Dot you may be dragged in; and
you should not thus proclaim your dislike to the court, for
everybody who shall hereafter bring an action against you
will bring it in the Common Pleas. (A laugh.)
Mr. Parker said he had carried on Waiter for many
years without having anything to do with mutts, and he
had only got into law since he became acquainted with the
accursed Great Western Company.
The Chief Justice said that he was of opinion that there
should be no rule in this ease. As he understood the mat-
ter, Mr. Parker commenced an action against the Great
Western Railway Company, in which Mr. Walker was his
first attorney, and the plaintiff alleged that there was an
agreement between Walker and him that he (the plaintiff)
should bud money for the court fees, de., and that Walker
should look to the Great Western Company for remunera-
tion, getting what ha could from them, although the agree-
meat was nut very distinctly stated in the affidavits. In
the course of the inquiry Parker became dissatisfied with
what Walker had done, or had not done, and procured an
order to change his attorney, and the costs were taxed as
between attorney and client; and it was agreed that Mr.
Walker should retain his lien upon the papers, and also
upon the amount that might be recovered. Ultimately an
award was made in Parker's favour, by which he
was to retain a large sum and costs. Walker
then claimed his lien, and an order was made by
Mr. Justice Wightman, that 7001., part of his costs,
should be paid to Walker, and that 1701., the amount of
the disputed stems, should be paid into court, on the under-
standing that titles* Parker should within the first four
days of term obtain a rule to review the taxation, Walker
should have the mosey. The costs were taxed in the year
Ibel, and Mr. Porker now objected to the taxation upon
two grounds. The first was that there was the agreement
to which lie had erten:A, and which the Master bad taken
no notice of. The Master was right in cure/girding that
agreement, for his business was only to inquire Whet
tiwount ought to be allowed.by law fur the items in the
bill, and if he was right m disregard's, the agar
meat, they could not send the some bask to
him on that grouad. As to the suggestion that
the order was obtained under durance, they amid sot see
haw that was, but as loog as it subsisted it mutt be binding
upon them. The second point was that the Master bad
assearried, in not allowing for certain items that ea* se
be allowed for, inasmuch es they were sot dew, were not
necessary, or wen dose by Parker himialf; but those
grounds were not mentioned to the Master, end the sear
could not properly tell him to review bin tasation upon
r4lathat were sot palsied sat to lbw; mad bow cad&
ay that he was wrong is anemias he hew was he
was not informed of the objections to tam.
Mr. Parker—Your lordship is wroagits saying that no
ril4eatioa was made ; as wrong as ever Midge was.
Chief Justice—l did sot say so ; but that these paetMler
objections were not made. Tbe first sewer to tie semi
ground of objection was this, that them objaMison wore sot
pointed out to Master Parke, and yea amass say he um
wrung, when he was not informed of than. If Master
Parke brilfbeen told that the week hod met bees dose by
the attorney, he would nut ham allowal ter it; awl it was
not to be permitted that Mr. Porker skull Mimi by, during
the taxation, and ewe bow sash maid be got from the
pockets of the (hest Western and then tars
round and see what eilfZets get hes the ashtray.
Mr. Parker—lt is • to no/ that. I was
so party to draw mossy fromiairiNGroat Western, and it
ought not to go halt to the world. Ima ms to any
Juggle, and I have tali your lordships so; and If mod be,
I will tell you is Ist plainer words.
The Chief Jo Lfts—You had better not ma son so.
Mr. Pother--Chewerwhe year verde, is% e 1 lad..
I mat semi hiss ad bra ray Mrs that
whisk bas met whoa plea. Yea sera ma te awl
dos by stating that which hi sot take place.
Mr. Judos Mauls—l behave that ay lord hake the
grenade which be Ms bees stating very sespisious; and I
task se see; bat he is juetilbsd, red sot may that, but
bound, to arab, has dune under the circuitous's'.
Mr. Parker—Them is no pearl fa it, 1 say.
Mr. Justice Mesh--Butt yew mos behave with decency.
Mr. Parker—l will go out of cruet, for I amass let suck
imputations. be node h ay preseme.
The Chief Jostle—Yes had bettor be quiet.
Mr. Parker (heatedly laving the sown)—l will. but I
shall do as 1 like whim! pt out of mart. (A laugh.)
Ti. Chief Jaa'Uos eamtfimad by saying, that Mr. Pubes
had stated, that, from • heft of hosemr, he had allowed
his attorney to sharp fir balms width be had met dome,
and if it bad been stated that be hod asthma is, the Xmas
would not have allowed it to be shovel spinet the Overt
Western Company. By se dams Mr. Pester hod deprived
himself of any right be might have • and, ae to his conduct
towards the court, he lama* take no sodas of it, for it
came from a man who appeared to have so power over
himself, but who acted ia Aiken of his imps light and
discretion..

lir.—rusties Meals agreed with his lordship. The 1701.:was
to be paid out of seen to /dr. Walker, subject to such
questions as could he rsiaed on reviser of tuition. Now
a party eould recover maims any opposite party the ease
to which he had been pat, but he could not recover as,
amount for labour done by himself; and of course, her
attorney could not chugs it against him. Now, when them
items came befor.. Master Parke to tar, as between attorney
end client, Mr. Parker was in full possession of the fact
that the work wail done by himself, and not by Mr.
Walker; but he was perfectly silent about it, and allowed
it to be charged, he ear, with the view of allowing
Walker to recover it against the Greer Western Com-
pany. lie did not choose to disclose it. lie wee
desirous that the Great Western Company should pay
something they were not liable to pay, because it was done
by him and not by Welker. That he called honourable
acting; on that priseple he was silent when Walker said
before Mailer Parke I have doae this work for you ."
so that the Great Western might pay what they were not
bound to pay. It was clear that they were made to pay
what they were net otherwise bound to pay, by the kora
of Mr. Parker. Ms time ago they ha a proosedlog is
that ewer masa as &Maim who said 14 had pad immo
taboos whoa bo bad ea lit hot poid. aod bow Mak at
throb; sod hew am t
Its
ants
vaisargatigut :roe Oa dais&
ampooa of whisk day_ so
lie alroshro dot ais nietatsta not 11: rPlialuat ,
and tidehe lioredos mod bodast behaviour al Mr.
Parker was mutt is ba ded. Ho was ham, that
suitors ha geoersi 11611111 nee bstrayed into anything like that
violist* which bad boas adilised to-day. Parker wee
evidently a welbinhemed and therefore be was
sorry for his belaiiser, wi bee wain. to attribute his
conduct to its bbeeeing ahowato alsody Is Ida that that which
he called hoconrable was sot so benegmble as ho wished to
show it to be.
Rule refused accordingly.

COURT OF EXCHEQUER.—Yarnamty.

Ssyrnges Is7B•Noo.

MULUALL O. NIM—LL-7—ETIItt;ATION OP BLAXI
Accirmucae.
. . . . . _ _ _ _

This action was triTnil4o;ltite Lord Chief Bares,
at the last sittings for Middkeez, when a verdict was given
for the plaintiff.
Mr. Knowles, Q.C., en the part of the defendemle wirrer
moved fur a rile to set aside the verdiek and he
• 'new trial on the penal of reidirestien. The
deelaration was an a bill of onsibmp. EMU Sep-
tember 22d, 1817, at Aar pass shoe it% draws
upon the defendant by • Mr. Pepe, sad w thw isesepted
by him and afterwar4 endorsed by Per teleseplOmmesa,
Who endorsed it to the plaintiff. The Lied Met Berea se
the trial directed the jury to find a verdict he the piYMII,
at in his opinion the defence sought to be set yy did DM
come within the pleas. The plaintiff only pvNawd evl-
deuce to prove the defendant's handwriung and the presen-
tation of the bill to Messrs. Co: rust Co., army agents,
Charing cross. The defendant intended to ham stated in
his defence that in 1848 be was with hie regiment la Dahlia
when he was applied to by Mt. Page, also an affirm in the
same regiment, to lend him his name to • bill in order Mat
he (Page) might get it discounted. The defendant then
accepted • blank Siff stamp, and Page afterwards get it
discounted by Curium. lie also proposed to show that
during the course of the Klemm year Cannon got his
attorney to all sp the date with "22nd of September, 1847."
But es there was no plea on the record under which the
defence that defendant had not made the bill could be set
tut; htilotriiimi,hip had directed the jury to find • verdict for
pMr. Knowles submitted that, although the defendant had
accepted th- blank bill stamp with the restriction as to the
amount (2001. having been written oa the left-hand corner
of the stamp), yet this did not convey an authority to Can.
sea's attorney to ell up the body of the bill. If such a
power were enuveyed the acceptor might be deprived of the
blued' of the statute of limitatioes. The learned counsel
contended that the law implied • reasonable time for the
tilling on of the bill, and had this been done in the present
case, Ile. Page eould have Weir called upon to pay it, but
he hail eime left his regiment rad could not now be found.
Mr. Brea, Alderson—The question is, what authority
don • man give to a drawer who puts his name to a blank
bill t
. . . . . . . . .

Mr. Knowles submitted that the law implied s masouablo
time. . _

The Lord Chief Bann pot the following cass . If a an
accepts s hbruk biU stamp, and leaves it lying Awl' or lochs
is up in ii.. drawer, and it in the INN eve a ['Aeon finds it
or
in tho whet takes it cut of Uta haws owl hmis it out
to the worot sad a buil lla Mile Meese§ ;Kuwaiti& of it,
would no rge ppttssrr belief& tw the amount ?
Mr. K min se Mut Ile metal wet he Fade, as
there wou'l not have Mawr beelitiec the bill: " Muter-
wen and Allen" (11 MOM ird Wwity) bei dead, .d that.
TM Lord Chief BONS *ought the ease of " !Eardrum
e. Alira" threw is Melt en** subject, sad be was clearly
of opinion that it a bill se bet ee lakes .as iste tie per
soden eta bees lb bakke.b • amid maw libe emeiat
tn.' the ssessit, gam* be Or assegisr) atm suet