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

THE EXPRESS, TtE&DAY EVEN TNO, f'EBRITAII Y 2,

li* ifiddligente.
EQUITY COURT& E
(Bohm the Lord' Jarrell.)
RILL V. JOHNOON.
This was an appeal hoes • decision of Vice•Chaneallor
Wood. The bill was Mad by the a • of the bankrupt
firm of Johnece, Oilmen, and Co., of London and Norwich,
boot aad shoe factors, alleging that certain bills of ex-
change were mint to the defendant (a brother of the bask.
rapt Johnson) for the raper of getting the same dis-
counted and remitting the proceeds to the firm, or that they
ware no sent voluntarily in contemplation of bankruptcy,
and by way of freaddest preference, sad prayed • declara-
tion that the bills of exchange were the property of the
firm at the time of the bankruptcy, and an order for their
delivery to the *arti @ r arguer.
It appeared, from the statement of the asps as alleged
on the part of the defendant, that in the year
1855 he and his brother John Johnson carried on
briars at Norwich as drapers, and bad .8 that
time stock and book debts amounting to about
8,0001., to which they were entitled in equal shares.
In December, 1835, that partnership was diaries:l. end the
partnership stook sold to • new firm—" Jamie Green and
others." J. Johnson berme • partner in that firm, and
all removed to the premier of the new firm in Red Cross-
street, is London. The defendant alleged that he speed to
allow the valise of his half 'here of the stock to re-
main in the hands of the firm at introit at
the rate of 101. per cent., and claimed the amount
with interest as still due to him from Jokier., Gilman,
and Co. It appeared, aka, that after 1856, and down to
bankruptcy, the dreadant had bees in the habit of dis-
count* and procuring the disoort of bills foe the firma of
James Green and others, and Jobber, Oilman, and Co. In
1858 Green retired, and she business was carried on sa be
fore at Baderrestrest in the same of the latter firm. In

useniseriee. that the wilt hat SOL a year to her separate
MN that thp dakedant had promised to allow her SW.
I year mar, but bad mol paid her regularly, and had not
supplied bar with lath Nesemarles, or with more eafflitient
to ware them The pleiatiff also showed that he bed
received so belies d the dokadant's prohibition to big wife
against taking up goods upon his credit. The gnarliest
retied was, whether a wife had authority to bind her hus-
band in respect of goods suited to her degree and necessary
for her, against the will and order of her husband, but with-
out notice of soy such order to the auditor. Their answer
war in the negative; a wife Dodd net sake • contract
binding on her husband unless be gave her authority
as his agent to do so. They laid down this p-
oem! rule, premising thet the facts did not name
the question what might have been the eights
of the wife if she wen living separate from her husband
without any default on her part towards his ; or if she had
been left destitute. Under the circumstances the rule
would be made absolute to enter • nonsuit.

Mr. Just7ee Beating Tearith; 7ii/g7oent of Mr. Justice
Myles, who differed from the rest of the court, and thought
that the pleiotiff was entitled to retain his verdict.
EUIII absolute.

AN ATTORNIT STRUCK OTT TER ROLLS.
At the rising of the court the Dame of Alfred Id=
Ftobinaon, au attorney of this court, was ordered to be
off the rolls, he not appearing to stake any answer to the
affidavits against him.

COURT OF BANKRUPTCY. —Fra L
(Before Mr. Commissioner Goulburn.)
RZ DI MATTOS.
A trader debtor gammons was returnable in this case
to-day, the plaiotiffs being KIWI. Slater and soother.
Their solicitor; Messrs. Lawrence. Plena, and Boyer, Dot
appearing when the matter was called on. the gammons was
ordered to be struck oat. It was stated that the deed of
arrangement between Mr. lle Matter and his creditors was
completed, and would be registered today.
Ilt RI VIMBRARAX.
Mr. E. Read applied to the court, on behalf of the Earl of
Radnor, as owner of some property in Middle-row. Holborn,
of which the lumbar* held • lean from 1848 at an annual
rent of 1361., to call upon the amignees to elect whether
they would take the lame, or give it up to the lessor.
Mr. Chidley for the assignees? stated that the bankrupt
had mortgaged the lease to a building society, who claimed
it adve 7to the assiguses ;so that they were not in a
situation either to sleet or decline.
The matter was ordered to stand over.

the year 1858 the defendant became surety by hood fa that
firm to Messrs. Harvey and Hudeoo, bankers at Norwich,
for any amount not exceeding 1,5004 which might be due
on their account. In the early part of 1869, and at dif-
ferent times in that year, the defeadant, as he alleged.
pressed far payment of part of the money claimed
to be doe to him, and for security for his
liability to Harvey and Hideo', and Jobe. John-
son, in the early part of 1860, promised the defendant
that he should have a bill for 2,0008. drawn on Caswell
hooded to him, and directed his partner Gilman, who had
the bill, to send it to the defendant. That, however, he
Deglected to do, and told him that his liability oaths bond
was at an end. In Easter week of 1860 the defendant
came to Loodoo, and complained of not having received the
bill, when his brother John Johnson promised to send
him some trade bills they were about to receive from their
customers very shortly. Accordingly, es the 18th and 20th
April, 1860, John Johnson sent to the defendant two w-
eals of bills, amounting to about 8,0001., and the defeet
produced a slip of pays!, which he swore he received with
the emceed Owed of b 1., wrapped round them and signed
with the initials of John Johnson, dated the 20th
April, which contained this passage, " You need
not be alarmed, aa with these and the others you
will be covered for Harvey's and part of your amount"
This was written as the heck of part of a letter written by
the defendant to Johnson, Gilman, and Co., from North
Wales, dated the 19th of April, 1850, which I. due
mune of post would have been received by them on
the 20th. On the morning of the 22nd of Aril the pre-
miles of Johnson, Gilman, and Co., in
were totally destroyed by fire, and the plaintiffs' bill
that " immediately after, and by the happening of t
event, the said firm was rendered signify insolvent." There
was no untrue of any insolvency before the fire, which
destroyed the whole of their stock in trade, and nearly all
their hooka ead papers. The bill also alleged that the
date of the mote produced by the defendmit was ineertcd
on the des at the date of which it beau but was
en written nitatlT to 22ad April, 1880. It appears that
the defendant a liability to Hareey aid Hideo. was not at
an end, and be had been trees the bankruptcy called upon by
them to pay the 1,5001. and costa, and been compelW, to
give them a mortgage on hie property for the amount. The
bill prayed the delivery up of the bills on the ground that
they bad been sent for the specific purpose of being dis-
counted, or on the ground that their deli my wee a fralidn-
Mat preforms, of the defendant. The Vies-Chanosllor
made a decree &daring that the bills remitted to the de-
fendant by the bank:nit:re to stud es a security to him '
for any mooeiatch aintiff might be celled epos to pay
as surety
to and Hodson and any debt I
, which might be dire to him from Messrs. Jahnsoa, Gilman,
and Co., and so far as the bill alleged • oue of fraudulent
preference climbed it with costa.
Prom that decree the plaintiffs appealed.
Mr. Holt, Q. 0.. and Mr. E. F. Smith appeared for the
appelleat ; Sir Hugh 011/11211, Q.C., Mr. Rozbargh, and Mr.
Foroeis for the respeodent.
The appeal was argued on the 13th, 18th, and 23rd of
January, and placed on the paper for judgment this
morning.
The Lords Jurtiese affirmed the decision of the
Chancellor Wood, sad diemimed the appeal with cute.

(Bofors Vim-Clausllar Pk W. P. Weed.)
THE ATTOZMIT-OZHIMILL r. THZ LOYDON, CHATHAM, AND

DOVIS ZAILWAT.

This was a motion to rtstrain the defendants from Greet-
ing a bridge over tiollandwtreet, Blankfrisn, other than as
a girder bridge, having a height of 18 feet from the road-
way. It appeared that the defeodants were now erectieE
bridge over that street by a brick arch, and at such a h
as to leave less than 18 feet over the footpaths, althomh
altitude was reached at the Grown of the arch. The pro-
secutors of this information were the vestry of Christchurch.
The defendants hied that vadat the set they were en-
titled to build each an etch u that proposed, and that even
if they were not, the promoters of the suit were barred by
seti. 6iQard, M. Relt, and Mr. Cotton were in the cum

TbS
Paid,' the company is beadles their bridge otherwise than
by girder, sad that cousequeutly the brick arch now in
course of Iractioa. wales. 18 feet clear could be given at
every point. was not is accordance with their act. And
it did sot mem is him that this was • cam is which there
bad boss any arquiseciace as the part of the public so as to
bar the Attorney-General from °owing to this court as
their behalf. Bat he must say that it occurred to him that
this was a wee peculiarly for the coaaidmation of the Board
of Trade nader the &mead's powers of that body ; and
therefore the ardor would be, upon the defeadaats ander-
' taking to abide by each order as might hared tar be ma*
that liberty be given to make application to the Board of
Trade oa the subject.

COURT OF 'VIEWS BKNOH.—Fas. 1.
Sittings in Banco.—(Before Lord Chit Julies Cockburn,
and Juliana Blackburn and Mellor.)
lIILDI.AND ANOTHZI P. /ROIL

This wee a rsieriliai Fmk as
at Seetbaniros, to show cause why he should not b=
off the rolls relative to the admire of a em of mosey cm
verbs hers alleged to retain plate worth 1,0101. bat
which in reality oily retained a trifling amount et silver
the other artier being eldiscterised as rubbish, and also
oa the farther essurity of seem paws tick•t• whir tamed
out to be f
LIESII, .0, r.
mid Mr. Tidal Atithees showed cause
against the ; Mt. M. Smith, Q.C., and Mr. Arehbold
supported tie rale.
Mr. Lash said this wee a very importer applioation with
rapid to Mr. Filch, who was only S-8 years of ag . and had
only bees sloe mootee on the rolls of the oourt. It ap-
peared {bat a man arsed Woods had represented that ear.
tan boxes belonging to him remised plate to the amour
I of 1,0001., and he had tread Mr. Franuels, pawnbroker,
of Southampton, to advemos him hearse 701. end SOL es
trio, and some pawn harts ef plate reperested to be
at Salisbury, but which afterwards tamed oat to be
pledgedp
ri es. A. applierion was made to Mr. Pate 's father
to advert Woods some mosey is an ester ad the above
property was offered as escurity for • temporary leas of
suffer' moor to pay off Mr. Smear/ Tho former
segotiatioss west off, but Mr. Fitch demoted the mosey
oa the boxes ad pews tickets. lie afterwards discovered
the head, ad this be erg for Woods, air Whir ea
the repayment of the money OD the following
All the parties met at the son's office, sadm°iThlr
son's prierce, who bee the retests of the
boxes, sad bow milooleis were the pawn tickets, ha allowed
the applicant to advents setffoiest money to pay off the
father's cl.im, and take the hoses aid the forged pawn
tickets as security. The learned car Wooster's' that the
defoodaet eres not locally answerable for what had been
door. ds attorney for the mortgagee a sobers was set
bound to expose any defer of title.
The urea was of • rather *implicated character, and many
affidavits ware read but as it was not fully roe into
and decided, we refrain from publishing is =Mew what
transpired, reserving it for a farm day.
After the ease had proceeded some time,
The Lord Chief Justice said it was a smatter that most go
to the motor to have the facts aartaird,so that the rust
could enecluelvely sot, especially as to the knowledge and
eociplicay of the sou in the scheme by which the father
was to be repaid, sad of the loan obtained from the present
APltSferrtd to the Dualor seocediagly.