The Express.
London, England, 1852-12-01 00:00:00

(CURT OF COMMON PLEAS.—YEstraDAT.

Mwhut• I. Illuntaa.—Beywan Cluar Jestsca Jut-
•Sl• • erus•t II ay.
Evtha W. E fILAURUIIIMIT CUSS.

'this was an action opal an annuity deed by which the
defendant miernante 1 to pay to his wife an annuity ofl
691. 19.. 6.1; the .a sought to he recovered being two
quarterly payments of this annuity, due in February and
May. The deed was in feet • deed of separation between
the decades( and his wife, and the plaintiff was trustee
for the wife. The deli:ll4lW pleaded that the deed was
obtain. el from hem by its. false and traielulei.t misrepre-
seatation that the defendant's wife was& person of virtuous
sad moral behaviour, whereas the fact 11 ai that the plaintiff
had before the eseesition of the deed had el iminal conversa-
tion with ker.
Mr. Edwin James, Q.C., and Mr. Hawkins, were for the
plaintiff, sad Mr 31..atrigne Chambers, and Mr.
Atherton. Q.C.. wen fur the defendant.
Mr. Edwin James, in opening the ease, maid that the
=a. was • hip mereiniut in Southwark, and the de
t was • wholesale chemist in that:fey of Leaden. lie
ores sorry to say that the case came Wore the court under
very postal esrcunistanees, for, as they hut heard, the de.
fence was, that the deft :mast bad been induced to enter into
the deed now is question by the false and fraudulent repre-
sentations of the plaintiff, that the defendant's wife was •
wears of chaste and virtuous conduct and of good moral
behaviour, and that he himself was also of good moral and
'ingots. conduct, the (act bring that he, before he was ap-
pointed trustee fur Mts. Edmond., had had criminal con-
nection with her. Under these circumstances he should

shortly prove bit case, .ad then lo:.: to tee delicacy of his
learned friend. on the other side the course they would
pence ; but he would say that be was positively
instructed that there had been no such interooune
between Mr. Evan. and Mr.. Edmonds before the date
of the deed, nor indeed any reprisentation to the de-
fendant that his wife woo a virtuous woman. The truth
was, that Mr. Evans had reluctantly, and with great pain,
been induced to act as trustee, and Mr. Edmonds having
eouspromised with his creditors, and having refused to pay
his wife her sonuiry,Mr. Evans had been compelled to in.
teeters to protect the wife. interest.
Mr. lionunieu, an attorney, in Lineoln'sinevtlelds,
proved the execution of the deed ; and in cross.eaamination
he stated that an action hat been brought against Mr,
Evans, who was a married man, for criminal conversation
with Mrs. Edin.unis, and that action was settled by the
payment by Mr. Evans cf 2.10/.
Mr. Chambers then opened the defendant's ease, and
elated that he was instructed that he should be able to prove
that the plaintiff had combined and colluded with the de-
fendant's wile to obtain this deed, he having had adolte-
roue int( mane with her, and that this had taken place be-
fore the llth January, 1811, the data of the deed. In the
year 1830, the defendant was married to his present wife,
Was Elisabeth Getting, and 3,0001. was settled upon her
by marriage settlement. They End happily until they
went to rv,ide neat door to the plaintiff in Wandsworth.
road. Shortly alti rwards the defendant's wife became
dissatisfied; and in April, 1843, in consequence of some
paltry dispute, she left boner and went to live at Camden•
town, where the plaintiff visited bee. The result was that
a female child was born oa the lst of October, 1844, and
since then she had hail one or two other children, of whom
be believed the r laintiff was the father.
Martha Lipscombe was called, and she stated that she
was new living servant with Dr. Cahill, but in 1843 and
1814 she was servant to Mrs Austell, who kept a lodging-
louse in High-street, Camden-town. During this time
Mee. Edmonds lodged in the house. At one part of the
time she had only a bedroom, and at ether times two rooms,
with a deem between teem.. During the whole of the time
Mr. Evans visited her two or three times a week. She
saw Mr. Evans in court, and that was the gentleman she
pointed out. lie visited Mr.. Edmonds ea Mr. Getting,
her brother, sad Mrs. Edmonds called him her heather
John. He came about four or five o'clock, and stayed
generally an hour, but sometimes until nine o'clock.
When be cams she rase up to receive him and kissed him.
The Chief Justice—That is, they mitt as brother and
sister. . . .

.."-iYitaess —Not as a brother and sister who saw each other
so often. (Laughter.)
The Chief Justice—That would aped ens the warmth
of their fantiama ction. (A Wog!.
Withese— generally bad ton NA SIMI *tin after-
wards. Mn. was partieslesn draft lenelf era
these easesiems. mad the append sub pinesi Winne
had else her ,chalice apse a eels when Ms. Wm was
the... Omen eseenon, whiht Mrs. ideals bed sib see
wen einem Months int kethed. Ks. Wen was nen;
bet this tusk pkee afro hewn, 1544.
Mr. Jams deed that es this was OW the dna et the
deed the 1101111•11111 Oa be tessiesi.
The Chief Jamie. ruled that ern minimille
Miteess—Os Vets sissies, erns the wee inked,
whams tried it fr semerieesse se bang lewd • bell rim.
Mr. Wan walked wren the nee met ennelied the de r.
Whom walked be to take away the tea Abp. Mn. Ed-
munds was omedien by the list, seed abs maenads.= cos-
tweed, and said she Wen Kr rem. W. Wass very
red. mad the fest of the bed was very nun teseed.
Mn. Seneash Clem of he. 6. Lova lirmeswisk-ter.
nee, lelientee, ressiireed Mrs. Seiresedie esalegr lades
sidle her is illegeet. 1144. She areal le W
runty way. W. hens thee eithei aedyeemsem hes
besbeed. They were felled Mr. sad lie._
sad
he was stated to be a emmatereid traveller. Ile neer den
then. Mn. Elam& wee bought Se bed ea the Sin Sep
nether. Mr. Fens vlilsd bey seem &wimp her emeime•
neat. Mrs Ii lease men as he ledge with bat is
Anil or May. 1116, sad she left is the metems ef the mese
year. Mr. Year this vi,itud her, bet sons tine lease
she left they haew thee he w est W. Zdarrels. Then
wee easiber shed he.. I. 1515. Oe an swain Mrs.
Idnembe ran is Mr. inn that the lint baby was Ski
bin. They nisei witting, sad she said, Of arena, it's
Yhe he Ihther." Mr. knee smiled. android Whim.
W. WOMEN. Searle ;end that he was a sad
eneembeer. r High-amt. Islington. Bo MMdmd Kr►
awe& wheel the was eingised, ea the 116th thatenher_ ,
VW. and, as the 57th April. 1114 d. she was Mee esmared
=dine het Adel was surly fall itTOMIL Mn.
him ter the brat week ia October.
Thie waselVddeledeet's ere.
W. Whet K. Bella% the phdatig, was thee mulled f.
sod he meted that be raided seer Mak/nese. Be
bad W. end Mew limes& his SI peas. era be had
hese appelesed a tnesee seder the senriep eettlemet.
This was air the segentise. At Mt he denten. H.
&Hind news hie glib Ahead he kI bet breseld not
tell why the cat seed. Pk easesselleeed the deed ef seps.
ration Wag shied. sad Wan thus tine he bed we advt.
tenses Inteireietis with Mn. Limeede. Ile wee positive of
this. Me had shenmasio, tad be had hi enemameme paid
UM. to snag ea nein emmetemeed again
C 0... emeniarsi I—Me near ham ass be pond as Kra.
Sikaseds' blether. Be saver bleed her ea reeniag or
V. He should est like a serrembemaid le see bin kiss
.Labsee—Did yes en kiss her ow mad ever
"cri:witnew hesitated.
The Chief J anise—Now, if you don't amine that qua •
tin, I will seed you to nine.
The wither —I will say yes, if you like.
The Chief Janie—This wee, on his oath, says he will
care blamed if I like. You (to the witness) are iasult-
amines *ease by your conduct
itsiew—l did kiss her several tines—perhaps over
mei ever Wan.
Kr. Cheabees—Perhere you bed Winona with her I
wan jouseryelan.
wiseen—Ke ; I sishpwitive of that.
The Chief Jetties—Nobody oa earth min doubt that be
hal Aar the sneer Ia which her hgives kis evident*.
Willser—ile weld sot of whether he was the father
ef tug shiMree. To the beet of his belief be was; and he
km", that they had bees called alter kin.
abemhen the aderneed the jury apes the evidence,
wNshboil been MRS is reply, end Mr. Hankies (ia the
an,. d nr.,..0) replied upon the when else.
The OlietJusiee, is the coarse of his samatim eca.
steeled la severe tunaapse the ewe eat the eseaus
the yielmilit The nee was a illegraelfhl we, sad it was
tribe hind thee w peeishneat meld be at seem fa-
-1161.1 up stbspl WWl* his enties4 as a where I ha

it was amisslatery to knew that he would be punished
during Ms future life, for certainly no person of re-
spsetability could ever associate whet him vain. The
questions which the jury would have to consider wen
drat, whether there had been adeiterous intercourse before
the date of the deed ; secondly, did the plaintiff expressly
or otherwise represent to the defeadant that his wife was a
penes vitreous and chaste, and that he himself was also
chaste ; sad thirdly, did he become trustee to favour the
indulgence of his carnal intercourse with the defendant's
wife? If they found there questions in the affirmative they
would give their verdict fur the defendant ; hut if other-
wise, then they must find in favour of the plaintiff for two
quarters of the annuity.
The jury immediately foetid a verdict for the defendant.
DALTOX V. THE MIIILACD CoI:NTIMe ItAILWAT Cor-
CANT.—A{TION ►OR 1)11111)1MM
_ .

This was aa union to recover 101., the amount of divi-
dends du* spas 4(10!. consolidated stock in the defendants
company, sad the defence was, that the stock for which the
dividends were claimed bad been transferred. The plain-
tiff, however, was called, and she swore that she bad never
signed the transfer, nor authorised anybody to sign it on
her behalf.
The jury found a verdict for the plaintiff.

COURT OF EXCHEQUER.—YEsTERDAT.
bremee IIT NMI hem. AT Wonswerta.—Basoas Ma. BA KW
_,ALITIII AND OMIT* Juan& _

---
WODZIWCSII V. CII.IIIO.—ACTIOX •0/11XIT • CLIMOYII•N
TOR n B . ' Account.
This was an action by the public omcer of the Leasing.
ton and Warwick Banking Company against the defendant,
the Rev. John Craig, vicar of Leamington, to recover the
balance of • banking account.
Mr. James and Mr. M. Smith maned for the
plaintiff. and Sir A. E. Cockburn sad Mr. Lloyd for the
d.lendsnt.
It appeared from the statement of the plaintiffs' counsel,
that the real question resolved itself into an amount of
1,010/. which bad been paid into the bank of Messrs. Glyn
sod Co , to the joint credit of Mr. Heath and the defend-
ant. The London and North Western Railway Company
requiring • portion of the glebe at Leamingtnn, of which
the defendant, as vicar, was proprietor, it was agreed that
the sum of 1,0301. should be deposited in the plaintirs
bane in the joint names of Mr. T. Heath, solicitor to the
railway company, and the defendant. The money was ac.
cording!) paid iato the bank of Messrs. Glyn and Co. on
the 22nd of May, 1847, who transmitted the Same to the
Leamington Bank "on account of T. Heath, account of
Rev. J. Craig." Thu sum was
_placed by the country
hankers to the separate credit of lit. Craig, instead of in
the joint isms of Mr. Heath and the defendant; and it
had sines been drawn out from time to time by the defend-
ant, mad used far his private purpose, although he knew it
had been deposited there in trust, and should only have
beea drawn at jointly by both parties.
The coos foe the plaintiffs having been shortly proved,
Sir A. E. Cockburn said that the defendant had under-
taken to enlarge and rebuild the church at Leamington, in
consequence of which be had become considerably embar-
rassed. In March, ISA, he was in debt to the plaintiffs
is the sum of 3,7201., 3,000.. of which was fur the church,
and the remainder on [deprival* account. In arriving at that
balsas, the sum in question, namely, 1,0501. ,had been placed
on the credit side of the account, no doubt by mistake,
The fact was that the North Western Railway Cowpony
had agreed to purchase some land of the defendant for that
amount, sad it having been paid into his bankers to his
credit, he thought they had determined at once to pay the
purchase money, and he was quite unconscious of the mis-
take which had been committed. The plaintiffs in their
banking seeing had greatly overcharged the defendant
for commission and interest, and he hao otr,r,d to repay '
the 1,0301. if they would reopen the account fur which they
had obtained judgment, and which the defendant had
paid, and make some fair deductions which the defendant
contended he was entitled to. They had objected to do
that, and the defendant was, therefore, justified in pleading
that judgment in bar of the claim which the plaintiffs were
now making.
Under the direction of the court a verdict was taken fur
the plaintiffs fur the amount claimed, with liberty to the
defendant to move to set it aside.

PREROGATIVE COURT.—YmEADAT.
14sroas Stu J. Doom.
I'ALISER avn WOGS O. MOWLIT.
This wu a suit uri,isig out of the will of the late Miss
Mary Worthington, of Welford, Northamptonshire, but the
srguatente were still in progress at the rising of the court.

COURT OF BANKRUPTCY.—YanzaDAT.
Ramat Ma. Cenumewea HOLIP.TD.
IN SE W. R. CILIITZIL—JUDOMENT.
The bankrupt was a wine merchant, of Ingram-court,
Fenchurch-street. His application for certificate was heard
on Wednesday last, when judgment was deferred.
His Ho.tour now gave judgment. He said the bankrupt's
application had been opposed by Mr. Linklater, for the
assignees, and also on behalf of Messrs Usherwood, cre-
ditors, and the bankrupt was supported by Mr. Lawrence.
Ile had previously been a clerk an the Custom-house, and
had since carried on the business of a wine merchant in
Ingram-court, Fenchurch-strut. His balanee.sheet cons-
reward in September, 1849, and extended to the 26th of
June last. It appeared he had begun without • capital,
and with • debit against him of about 1001. Ile had sus-
pended paymeat on the Ist of June last, when his total
liabilities were 9,2201.—via., unsecured debts, 6,4411. • lia-
bilities, 2,9771. ; secured, 8021. His profits were stated at
3,4171.; trade express, 1,2991. ; personal expellees, 6191.
The proceeds of has atta.k awl effect. had realised about
2801., and his other assets were represented in the balance-
sheet by a large item stated se doubtful, but which
the court feared was hopeless, being an amount of about
6,0001. owing to him by t.o individuals in the same trade,
5,5001. of which was due from • pence waned Manieo, of
Mark-lane, who became bankrupt early in June last, and
to whose bankruptcy Carter aserthed has own, sail the re-
mainder was due from a pure mused Ball, who had also
become bankrupt after Carter's bankruptcy. The mode
and extent of dealings between Carter and Manieo consti-
tuted one of the main grounds of complaint against the
bank. opt. He wee charged by Mr. Linklater with reckless
and improvident trading, fraudulent preference to his bro-
ther, obtaining goods from • creditor by fraud, and imper-
fect book.keeping. The last charge, however, had been
abandoned, and the report of the edictal assignee was not
unfavourable as regard, d his book-keepthg. lie appeared
to have begun business by purchasing Manico's retail or
bottle trade in June, 1849. In the first half year the extent
of their dealings was trilling; on the Ist of January,
1860, there was but a small balance in the bankrupt's fa-
vour, and se Mlle were ranging; and during that half
year tbo pee said by Carter to Manico amounted
to rills ahoy 2001. In the subsequent half
year Use sales to Minim amounted to 1,0981.; on the Ist
Jan 18611 rebalance was undrawn for, and the bills
esNMmd I. BM, bet falling due in 18.51, were cell 1901. 184.
neer& tree& erred nothing to complain of. la 1861 the
s lea toMares arcuated to 8,6291.; on the Ist January,
1860, the balance usdrawa for, due to Carter, was 4,1110 ;
balls credited in 1861, fulling due in 18.52, ; making
in all, 6,3671. During the last half year of his trading the
sales to Manicosmounted to 3,9911.; on the 25th June, 1862,
the bateau undrawn for, due to Carter, was 6,6601. ; bills
credited and unpaid, 4621. • making 6,0021. The whole
amount of the bankrupt's trading amounted to 31,606/. ;
and of this amount goods representing 13,8421. had been
sold to ono perms, Manias ; 7,6621. to Ball; and about
10,0001. to other parties. Transactions to the amount of
nearly 19,0001. oat of this 21,3941. had taken place during
the year and • half prior to his bankruptcy. His account
against Manias wee not corked to the ordinary terra-
tier of wise merchants; there seemed to have bun a sort
of remassedation cheques passim between than
at different times, and he bad bought of as
well as sold to Manirj
_there had boon •• spe-
cies of barter. It was Miele to account for the con-
fiders which the busfitere had reposed is Manioc,
orenraleg his sales area endissively toe VIM person and
Bell, thus samba on • Maker • doubly hesmelem mature
without frimiii ea soy waft spline this bermes of
risk. It ma Itasrmadoil lhat the haulm* sold his
wises to lbsista III• mire prise ; the evidence was
that he sold Ism all all • kitlealit. Bat why should
Maaiee have thus Wm* of MOM ? Why, it his credit
stead bigts, fir ho ea go kids Ma market himself, and
save the gnat *bleb he was .Ming es Carter t It was
unaimemeable why the banheugit druid have sold to
limbo a meal ef wine. whoa that pinena was largely in
debt to life, id ear be WI bass Mid by Mr. Hely of
the Wimple war Is while Maims was disposing of the
wines. This exedra maid only be mplaiised by peat
mist ef mesehim, eir by a wltasrlMn that so payment would
be hotheassiag from Man miens be supplied him with
mere pees. Mr. Lawman, had admitted that
the linahnipt's emedvot is trusting Manico was
unwise, sad showed • want oir commercial fore-
sight The Court felt Wand to go further ;
uzlenthat the tremeetkias were improvident sad rash,
with tempest to the last parcel of goods; for the
bankrupty had me saying whatever ; sad it scessed impos-
sible ter • trader, without capital, to impost to carry on a
large business with seems. Baperisase taught that there
must always be ado, isirdea between capital and credit.
Then tame his YsaagetMix with his brother, who had
Wad as his dark. It was supposed the brother would
being credit to the house, aid the bankrupt engaged him at
• salary of 2001. a yam, to Matadi cosnasimioa on any rai-
ser be might being. On the 21st of May last, Me betak-
ing( he then any lOW at his banker's, gar his brother
a chow for 2001. and 371. 10.. in seek, In part discharge
of a promissory note given some time ago Is respect of
salary dc. On the let of Jur be gave his brother
another cheque for 361, being all he had left at the bank
with the exeeper of 111. The very day before this he had
renewed a 3001. bill at 12 mouths, to Mr. Daniels; and as
the Ist, 4th, and 6th of Jane, be had bills coming due to
the amount of about 7201.7201. This he must have knows
es the 31st of May. The ease could sot say that
oho paymeat on Ow 31st of May was both
volaatary and in contemplation of beareptey, as as to be
deemed fraudulent. It might have been made partly under
prewar. of the brother, and no doubt it had been mace
with • view to give him a preference in the runt of bark-
ropey, sad is the contemplation of that which was the
accessary eoaseqaenes of such payments, his stoppage on
I the Ist of June. Just before he had received a letter
from Manico, stating the Inability of that person to meet
' his engagements. The payment most then-lore have been
I made in contemplation of baskrepley ; and although the
wart could bat my it wee she voluntary, it was such a
I payment as he ought not to harmer, to the prejudice of
the general body of ermli ton. Ties as to his last transae-
ties with Ithetere. Wigh•mt and Ca. Oa the 11th of May
• re. Hely, the malmsey el thee hems, had as interview
r with the Makeup,. aid WI bin at Ihe recruiel:
W heard m dm main ha the bankrupt's
. wee sialeslii; that arm of 16* vises had pas late
I Margo% lime. seabeds ~hid ki mils. Tho Ustrapt

T.

was then desirous of making • farther purchase, and after two
or three interviews with Mr. Hely, when be assured him
that he was not accountable for the wines appearing at the
sale, that he sold them at a profit, and that all his transac-
tions were straightforward. be was supplied with a further
parcel of wine to the amount of 3361. It appeared Viet in
April be had been depositing wine warrants with Mr. Jas.
Norris, wine broker, through the agency of Ranieri, and
had obtained an advance df 821. on warrants for 1621. In
May he had deposited other variants to the amount of
6311. Notwithstanding the representation of Mr. Hely as
to the way in which Manioc was disposing of the wines, the
bankrupt, apparently wiconcerned, and without making
any inquiry, had immediately sold to Monica the wines he
had obtained from Miners. Boehm, Wigham and Co., and
they now formed • portion of the undrawn account against
I Maoism. The bankrupt had, however, received some pay-
went from Maaicu after the 24th of May. On the 28th
May he received several cheques, in all about 4101. This
mum probably enabled the bankrupt to make the payment
which he did to his brother oa the 31st of May. He was ant
surprised to find, on looking through the balance-sheet of
Nlanieo that Itocher, Wigham, and Co.'s last parcel of
wines, which went frees the bankrupt to Mambo, were
forthwith deposited by Mama" with Norris (wine broker,
Hart street, Mork-lane), for advances made by him to
Manic°. There was no evidence, however, before him that
the bankrupt Carter knew that such wee to be their desti-
natioa, though from Mr. Hely'. emaximmketios his suspi-
cions alight, he thought, have been argued. With regard
to the conversation with the bankrupton the 9th of June,
deposed to by Mr. Hely, and in which Mr. Hely tandentoed
the Makrapt, when speaking of the difficulties he would
have to contend with, to state that his brother had re-
ceived nothing for hie services, he was willing to believe Mr.
Hely 'misconceived what the bankrupt said. Tna misunder-
standing of a word would alter the whole form of the ob-
servation. Having now gone through the charges against
the bankrupt, he thought it right to state that his
trade and personal expenses appeared reasonable, that
all his transactions were recorded in his books, and that
the official assignee had found the bankrupt always
ready to attend him, and to give such explanations
as ha had from time to time required touching
the contents of his books and mcounts. But look-
ing to the whole course of the bankrupt's trading, although
some of the circumstances to which ha (the commissioner)
had adverted, if taken singly, might not substantiate •
charge of commercial delinquency, calling for a suspension
of she certificate—taking them altogether—having regard'
to the maxim, " noecitur a emits," be was of opinion that
the conduct of the twananapt sea trader was justly censura-
ble, and after seriously weighing the ease iota its bearings,
he felt bound to adjudge that the certificate of the bankrupt
be suspended 12 months from the 11th November instant,
and whi a granted to be of the second elms, with protection
I for • month, and renewable unless cause be shown to the
contrary. He would just add that he thought the commer-
cial world had reason to thank the assignees and Messrs.
Kocher, Wigham and Co. for their opposition in this case.
The exposition of the mode of dealing by such houses as
those of Manico, Ball and Carter, might, he trusted, work
good. It appeared to him that each very much depended
on the other, and so long as their bills would circulate they
managed to stand, but the stoppage of either one would
necc 'airily cause that of the other.
Certificate suspended accordingly.