The Express.
London, England, 1863-11-09 00:00:00

FHILUPSOJ V. ILIRRT.

This was an appeal from the Master of the Rolls. The
suit was instituted by the representatives of the donor of •
voluntary deed whist the repressetatives of the dame, to
have the deed delivered up to be cancelled, on the ground
that it was executed by the donor without a full explanation
of its effect, which was to deprive her of everything she
=d in the world. It appeared that in 1857 Miss
i 1 was entitled nudge the will of Isabella Albert to
the dividends on 4,2751. 4s. 9d. Consols for her Ina and
after her &meth it wee given in trust for her children, and in
caw there should be no child after her death opon trust for
her appointees by deed or will. Mies Courtin' boarded and
lodged in the house of Mary Barton Phillipeoa
duringe, her lifetime, and after her death in that of her
son, Charles Burton Phillipaos, until her death in July 186 L
In January, 1857, Mies Courtin executed two deeds, tiy one
of which she appointed the fund in guanaco to herself, and
by the other she appointed the same absolutely to
C. B. Phalipson. She continued to receive the dividends
daring the life of C. B. Phillipson, but after his death she
was Wormed that she could not alter the disposition so
made by her of the land, but that it and the dividend were
irrevocably appointed to the representatives of C. B. Phil-
=ln November, 1882, Miss Courtin 81ed • bill
that when she executed the deeds she understood
that their effect would be the same as • will, and that
if C. B. Milligan died in her lifetime, the feed would be
at her own disposal, and that she would be en-
titled to the income dui:ng her life, and praying that
the deed might be cancelled. Before the affidavit verifying
the bill could be made by Miss Courtin, she died, sad the
suit was ooctisued by her representatives. The defendant
Kerry, who was the attorney who prepared the deeds, was
the brother-in-law and one of the executors of a B. Phil-
limon. The Muter of the Rolls ordered the deed to be
cancelled in the terms of the prayer of the bill, but gave no
mete. Hence the unmet appeaL
Mr. Selwyn mid Mr. W. Pearson, for the plaintiff, sup-
ported the decree. Mr. Baggalley and Mx. Bevir were for
the appeal
The arguments were not concluded.

(Before the Muter of the Bold.)
THE ADILPHI HOTEL C0Y.....

Mr. Doris appeared 10 a petition for the winding up of
this company. It appeared that the only shareholders were
the seven persons who had signed the memorandum nom.
airy under the Companies Act to entitle the company to
regutratioe. Actions had been brought against the com.
pay ; hence this petition.
Mr. Roxburgh, for the company, said he could not resist
the petition.
His Honour accordingly made the usual winding-up order.
. 7711 MATTOR 0410121 COMPAHT. _

Mr. Selwyn, Q.o,:;air. Roxburgh appeared In sup-
port of a petition for the winding up of this company, which
was established ia 1829, and obtained a charter from
the crown in MO. The quarries are in Devon.
shire, and have been continuously worked lime that
period. Upwards of 46,0001. capital had bees paid up, but
the working not hang protitable, a committee of share-
holders appointed ia 1862 recommended its being wound op.
A rosolotioo to that idea was pained at a general meeting
held in October, 1862, and the company has sines merely
worked oat their existing orders. In June, 1863, the di-
rectors passed a resolution recommending the dissolution of
the earepany under their charter, sad had since been no
gotiatieg sale of the property. The petitioner and other
shareholders did not approve of the come taken by the
directors in wiodieg op the company. and therefore pre-
sented this petition. The company was perfectly solvent,
and it appeared that on • sale of the property some return
would be made to the shareholders in respect of their
capital.
Mr. Bangallaj, Q.C., and Mr. Archibald Smith appeared
for shareholders holding one-third of the capital, and sup-
ported the petition. Mr. Cotton for other shareholders
holding upwards of 800 shares. also supported the petition.
Mr. Osborne, Q.C., appeared for the directors, and opposed
the petition, eentending that there was no necessity for the
iatervention of the court, inasmuch en the deed of settle-
ment and charter oontaioed ample powers for the winding up
by the shareholders themselves, and that a meeting was
appointed for the 19th instant to pass a resolution for that
purpose. There were no creditors pressing the company,
nor was there any probability of all debt.sot being paid
in full. It was discretionary with the court to make an
order or not, and this was not a case Gatlin for its inter.

His Honour said he quite concurred that the court had
• discretion, which he bad frequatly exercised bead.
Melly to the p►rties in these satiate, and he gene•
rally looked to the wishes of the majority of the
shareholders. In this case it appeared that shareholders
holding more than -1,000 sh►res thocnbt it more beneficial
to them that the company should be wound up by the
I court, and that shareholders holding 2,000 thought other.
wise. In his Hoeour's view, having regard to these num-
bers, and the circumstance that • majority of two-thirds
is value was necessary under the charter to pea • resole-
tion to wind op, it wu proper to make the usual winding-up
order, which his Hower accordingly did.

(Heron VioO-C6l
RI THI LONDON AND

Sir W. P. Wood.)

mm
This was a petition to Iviedu this up this compeer.
Mr. Roxburgh was proceeding to open the petition, whey
Mr. Daniel (Mr. Higgins was with him) objected that the
usual advertisement bad not been duly made, and
The Vice-Chancellor directed the petition to stand over
in order that it might be dope.
Mr. Molt, Mr. Terrell, and Mr. Hillard were for other
parties.

COURT OF QI7IIEN'B BENCH.—Noy. 7.

Sittig. is &MO. —(Bdor• Lord Chief Jaatice Cockburs,
and JUJUOSS Wightkaan, Blackburn, sad Mellor.)

TRH VISTST or MAITLIMONS V. THE STRAMD BOAIiO OF

WORCS.

This was a spedalaw.The first question for the con-
sidaratioe of the emirs was whether soy part of Catcal-
-1 street was within the palish of S• Ann, Sohn; secondly,
whether one of the orders made upon the Strand lJnion
District Board of Works by the vestry of Marylebone, re-
quiring them to pay mu :akin sums of money for the repairs of
the streets, was not invalid became it required messy to
be raised for exposer incurred by the perch after the Me-
tropolitan Act came into operation ; and, thirdly, as to the
mode in which the moneys that worn due had been assessed.
The cam came before the coast in pursuance of a rule of this
court made on an application for a new trial on certain
issues in a mandamus tried two years e..-co.
Mr. Keane, Mr. Sergeant Petersduelf. sad Mr. laderwick,
were counsel for the plaintiffs ; Mr. Boni!, Q.C., and Mr.
Macaamara for the defendants.
_

After the argumeeta of the leveed camel,
The Court decided that the 'wish of tit. Ann was only
bound to repair to the middle of the road in Oxford-street,
is front of the houses in that pariah.

SELL AND OTHERS V. KRUGER. - TRASK STRIKES.
Mr. T. Atkinson appeared on behalf of Mr. Kruger, the
respoadent, to support the conviction of the justices of HulL
I The appellant was a boiler maker and a member of the
United Boiler Makers' Club, Rod the respondent was a boiler
manufacturer carrying on business at Hull, and the appel-
lant and some other members of the club Lad bees ocovseted
for threatenieg and intimidating certain workmen for work.
ing fur the respondent. He bad been convicted upon the
IMO evidence tor threatening and intimidating the master
against employing a certain 'angle bender." The proceed.
loge were takes sander the 6th (leo. IV., chap. 129, sec. 3,
an act whirl repealed and coosolidated the laws with
regard to =intimated servants sod offences relating thereto.
Mr. Lush. qc., contended that the consictioo must be
quashed. This was charged as en often apical the
master, bat there was so evidence to show that be bad
ever sees or spokes to the master neat the subject. Is
fact, the mea bad been punished twice for one offence, and
upon one state of Nets.
Mr. Justice Mellor said a master might be as much
tobleeted sod coerced by a club compel Log a man to leave
his employ as if the demand to discharge the man bad bees
made to the marker personally.
.

The Lord Chief Justice— here was no evidence that the
men were desired to communicate with the reorder.
Mr. Lush—No. What woe done woe done as [comber'
of the club operating oe the men's minds. For that offence
he had been imprinted and imprisoned for three month.,
and ha h•d been sentenced to three months for an offence
ae against the toaster.
Mr. T. Atkisson maid a deputation of the club waited on
=rr. when OM of thorn told him no member of the club
work for him so lung se he kept the objectionable
wan and did not imosiJay a mambo, of the Glob, though as