The Express.
London, England, 1855-02-27 00:00:00

Raw inteuteenct.

EQUITY COURTS.—FEB.
ZOOM TAR MAW= Or 1112 ROLM
BATSMAN N. LOW, HODSON. AND °Viz's,
Mr.. 'Boyle moved that • writ of ne 'seat a'roald be limed
ga4.ast Joseph Bads" one of the defends.tsts is his ease.
PA Mated that Hades% who form rly Bred at Mirfiald, in
Tv/kali% was one It /ear trustees and ezieweem under the
will of a Mr. Dedatomilate of Middletemimiffi, Derbyshire.
Otie of the directions eeKf the will was that the of tie
deceased should be invested only in or real
security, bat defendant, with the other tro bed draw.
apron of 1,6001. out of the Sheffield and Ro ark
and lain it to a person named Benjamin PottereeW
which was not • real security, and a great perdiejra
been lost. A slatted been instituted for the effelblelliffeW
of the estate, and there was an affidavit bus Mr I.
r4tor of the plaintiff that on taking ell suromple
Dodson would be found indebted to Ilse Male in
the him of 1,0001. at least. There wee wee as
affidavit by David Brans, that he had examined the books of
he Pacific steamer, and found the names of Joseph Hudson
and lady entered as pathogen, and that he had seen Mrs
Hudson, who, in reply to Isis questions, had told his that
she and her hasband would be passengers in the Peelle.
rod that their address would be " Poet-office, New York."
The affidavit also stated that the Pacific was to sail on Tues-
day
sui

(this day).
Ile Honour said the writ might issue, bet plaintiff must
undertake also to abide by any order which the court might
make for damages, in case the court might be of opinion
that they were liable for such ; and they must accept short
sodas of motion to discharge the writ.

COURT OF QUEEN'S

'MUM AT lUNI MON AT 01711AILALL.-411
AND CIOXIION /ORM
I/IMOD AND £WOTMIR V. LANN.-1
TIT SALE OF LII ADVO'

This was an anion en a entrain for the sale of an adttow
son. There wee also a count for work and labour. The
defendant put in several pleas dealing his liability.
Mr. Wordsworth, in stating the cue, said the plaintiffs
were clerical agents, carrying on banana in St. Swithio's.
lane, and the defendant was Mr. E. A. Lamb, who resided
with his father, the rector of Idea Parsonage, near Rye, in
the county of Sauer. In August last year, in consequence
of the plsintiff's having inserted an adeertisement in
the Tinos for an advowson with esti/ possession,
the defendant called on the plaintiffs, and saw
Mr. Simpson the younger, and after some con•
venation respecting Iden rectory, the defendant stated
be had the next presentation to a parish in the diocese of
London—West Hackney—the incumbent of which was his
Inestbar, who was expecting immediate preferment. The
ilehmdeat stated that the price would be 3,0001., and the
INniiff informed him that he should charge him a coca I
MINIS of 6 per cent. Subsequently the defendant wrote
Mlle plaintiffs to say, in reference to his brother's 'drew.
aens there was no immediate prospe-t of a vacancy, but, as
I t take plus at aay time, it would be well to be pre-
le t
with a purchaser. Mr. Simpson then wrote to the
dant to state that the clergyman whom be thought
would purchase the Idea advowson had unfortunately died.
'llse Rev. Jonah Rodwell agreed to purchase the next pre-
sentation to West Hackney for 3,00 W., and to pay Meer.
Shapes 6 per out. on the purchase, which would have
amennted to 1601. The plaintiffs intimated this to the de-
thelant, who, on the 6th of December called on them, and
aide very paitioulu inquiries about Mr. Rodwell, with the
answers to which he was satisfied. Mr. Simpson having
Inbreed Mr. Rodwell of the name of the living and of Mr.
Leah% be wrote to that gentleman, sad then it
appeared that t6ongh the defendant's brother was the in•
eambeat of West Hackney, the defendant was not the
owner of the nest preseatation. He would further show
that the defendant was at the time in treaty with the soli-
caw of the patron for 1,0001., and he feared it would ap.l
rem he handed to pocket 2,0001. by the transaction. Mr.
sigma baring written to the defendant, he wrote on the
lIIM et December to the plaintiff, denying that be had
authorised the plaintiff to treat for the Haag held by his
brother in West Hackney, as. he had only consulted him
as to the amount which the next presentation would sell for
in the event of its being in his power to present to the living
which depended cn the contingency of his brother obtaining
preferment. The learned counsel then called
The Rev. Josiah Rodwell, who deposed as follows—l
applied to the plaintiffs in consequence of en advertisement
respecting the nest presentation to a living. He could nut
give me an answer that day, and asked me to call the next.
I did so, and saw Mr. John Simpson. He said he had had
two livings for sale, but one had been disposed of, and that,
I must pay him a fee of 21. 2s. before he gave me the peen-
Plus. I paid him the fee, and he gave me the name of the
Ibis& and stated the income was 66W., with a house, sad
lb rielbase money would be 3,0001., on which he should
dim 6 per eat. U the purchase were completed.
&Mid I might expect possession soon, as Mr. Lamb had
rinse into large property. A few days afterwards I called
In Maw if he could give me the particulars of the way the
am. was derived. He said he could not, but that was the
MINN. I said, it is impossible for me to make a purchase
without knowing the particulars. He said he would write
lellanth for the particulars; that part, be believed, was
diathed from houses, and part from land. I called again,
bat Mr. Simpson could not give me the particulars. I
therefore wrote to Mr. Lamb, the defendant. [A letter
written by the witness to the defendant, dated Dec. 13,
1864, requiring the particulars, ind the defendant's letter
in reply, denying that Messrs. Simpson were authorised by
him to sell the living, were then put in.] I was ready to
become the purchaser of this living if the particulars proved
satisfactory.
Oreerexamined by Mr. O'Malley—l should have required
Oil portionlars before I because the purchaser. I had not
speed to purchase the living.
Lord Campbell—No, he did nothing more than what be
'said, and that is clearly no contract.
Cross-examined—The oommission was entirely dependent
et the whole matter being carried out and. executed.
Mr. John Simpson examined—l carry on business in St.
Swithin's.lane. In August list I inserted an advertisement
in the noose in reference to a living. I received a letter
from the defendant • few days afterwards. The letter is
dated 19th of August. Oa the 16th the defendant called es
me. He stated he had a living for sale of about 16,0001. in
value, at Idea, in Semi. He also stated be had the
next presentation to a living to which he had isdoeted hie
brother for the next pruentatioa, for which he wanted
3,0001. He subsequently said it was at West Hackney.
He (said he could not then go into particulars, but on a
future Nunn he would. I asked him if 3,0001. was the
lowest mim. He said it was, and he thought it was worth'
the mosey, the income being 6501., and there was a good
house for residence ; that he did not wish it to be put fro-
ward then, as there was no immediate proapect of mow
don, but that it would be desirable to have a pushiest,
as he could not say how soon a vacancy might occur. Mr.
Lamb then asked our terms. I told him we undertook no-
thing speculative; that we, therefore, required a preliminary
fee of 21. 21. from town clients, and 31. 3i. from clients
in the country, aid 6 per cent. payable when the contract
was completed, or there was a voidanceon the part of the
vendor. Mr. Loeb *sure himself satiated, and said he
would send the pards after Ise lied beard from me. I
was te submit the turmelle bad menalemed is my dies; end
if he approved Of tbese I was te eemmasionte with Mr.
Lamb. - I wrote, on the 17th of August, se the defendant,
and received &reply. Oa the 30th Oct. Mr. Leath said his
brother was expecting preferment through his father.in.
law's influence, and it would be desirable to get a purchaser
for the West Hackney living. I asked him how soon there
could be possession, and for the particulars. He said he
would send the particulars next day, and as to the
sion it could be had within six months. Oa tr. 6.1
of December Mr. Lamb called. I told him we had
found a mishear for the West Hackney living. He asked
who it seasomd I replied the Rev. Josiah Rodwell. I said
I told Mr. Rodwell that the income was 5301. He said, "It
will not be quite so much, for my brother has increased the
curate's stipend from 1001. to 1601., but there is some land
adjoining the living which I could let for 301." He asked me
would Mr. Rodwell pay the 3,0001. down or when he got
possession. I said as soon as the abstract of title was ap.
proved of by his solicitors he would be ready to pay 3,0001.,1
but there must be a distinct proviso that Mr. Rodwell
have possession within six months. Mr. Lamb then said,
". I have not been idle about the matter. I have
been in communication with the solicitor Of Mr.
Tynan, the patron, as there was some question as to my title.
I had been advised that the trustees ought to have con-
carved in the sale to me, but I now find that was not news-
sery." He then said he should be in town again in a went,
but if not he would send the particulars by poet ; and as to
poseession, he would, within that day month, name the day.
In cor.uquance of that, I said, " I may now communicate
• ith Mr. Rodwell that you will send the particulars within
a week, and that within a month we shall know when pos-
session can be given." I immediately oommunieseed with
Mr. Rodwell, who called the next day. I informed him of
what Mr. Lamb had said. Mr. Rodwell called three Ruse.
I wrote this letter to Mr. Lamb. (The letter dated the 12th
of December, and the defendant's reply of the 18th, Wag
put in evidence.) Mr. Rodwell has paid us 2t 2s. as a pew
liminary fee. Be has sued us in the Sheriffs' Court. We
have taken proceedings to set that aside.
Crete-examined—The defendant stated to me that
his power town the living of West Hackney entirely de-
pended on a contingency. If he had I should not have
undertaken the matter. I never asked Mr. Lamb to sign
an agreement as to my payment. I never ask my auto for
any stemmas% until after I have introduced them. I did
not ask Mr. Rodwell to lien any such agreement until alter
I hid introduced him to Mr. Lamb by letter.
Mr. Chown examined—l am the attorney for Mr. Tyssen,l
the owner of this advowsou. I remember the defendant ne-
gotiation for the pushes, of the presentation in August,
15154. He offered no sum for the purchase. The living was
valued at 8,010 1 or 9,000/.
This closed the case for the plaintiff. 1
Mr. O'Malley then submitted them was no ease to go to'
the jury, and that the contract was act • good one.
His lordship overruled both objection,.
Mr. O'Malley then addressed the jury, contending that
the terms sought to be Imposed by the plaintiff on the defen-
dant were monstrous ; but even if ho could prove that they
were is accordance with his usual custom,_ he bad failed to
"hoer that there was a purchaser ready to buy the adult's's,
for Mr. Rodwell had distinctly proved that he had Dever
, offered to purchase it.
Mr. Edward Augustus Lamb, the defendant, essaimed—
I reside %lib my father, the rector of Ides, in finseest. I
units on the plaintiff I put to him the question of the
value of a suppositions suburban living. Be said he had us
old friend and Own whoa snob a living ROOM soft. Oil