The Express.
London, England, 1863-12-18 00:00:00

VAR I,JCPRFSS,

iLatu inullignst.

EQUITY COURTS.—Du. 17.
(Before Vierellincelke Sir J. Stuart.)
BUTTON r. BRITOIL-BELTON f. lellt7lllLAT.

It will be within the recollection of our renders that
these suits relate to the shares soil interests of the parties
to them in two newspapers, called the Sporting Life, and the
BeNire. The bill in the first wait was filed 'pilot Mr. Beeton
and Mr. ai •at Urtti. tosetabisbanallegedpertnershipbetwean
the plaintiff, Mr. Iluttou, aid the defendant, Mr. Bs tom,
in the newopapera. The hill in the armed cult had for its
object the specific performance of an alleged agreement for
the ode of the newspapers, to Mr. Beaton. In November,
1862. Mr. Heston was, by an order made in the suit of
Huttou v. Berton, appointed the receiver of the two papers.
the causes came on to be argued befoae the last long vaca-
tion; and his Honour having heard viva voce evidence as
to the various matters in dispute, tinnily, on
the and November last, node a decree dismissing
this bill, in the first surf, with costs • but. in the second, he
directed the agreement for the sale of the papers to Mr.
Beeton to be specifically performed, and an amount to he
taken of what (if anything) was due to Mr. al•Murray from
Mr. Becton. under the agreement. The minutes of the
decree bad been prepared, and they received liberty to ap-
ply "as to any further sum so be paid to the credit of the
cause of ' Hutton Y. Beeton,' by Mr. Baotou pursuant
to this order." and provided that Mr. Bootee
should pass his final account, as receiver, and pay
the balance thereof iota court. Mr. Becton bad some ac-
counts to pass in the canoe of Hutto° v. Baotou, under the
order appointing him receiver therein ; but the proper time
for passiog those Recounts had elapsed. He now coeteoded
that as the bill in the first suit had been dismissed es against
him with costa, be was not boned to pass any farther ac-
counts in it, but was entitled to be discharged forthwith.
The causes were therefore set down in the paper to-day, to
be spoken to upon the minutes, on behalf of Mr. Beetoo,
with reference to his contention.

Mr. Matins, Q.C., and Mr. E. K. Kerslake appeared for
Mr. Becton. and insisted that he was under the circum-
stances relieved from rendering any further accouute in the
first suit, and might be discharged from his receivership at
once; especially as there was in reality no necessity for hie
further accounting, sod the expense of his so doing would
be very great.
The Attorney• General, Q.C., Mr. Bacon, Q.C., and Mr.
T. Tirrell appeared for Mr. Hutton ; and Sir kind Cairns,
Q.C.. and Mr. Swanston for Mr. It'llurray.
The Vice-Chancellor said that until all the accounts were

taken the receiver could not be discluirged, and the order
must be according to the minutes as they stood. Mr.
Beeton'a applicatiou could not therefore be entertained, but
must be refused with costs.

COURT OF QIIKINII BENOH.—Drs. 17.
After Term sittings at Nil Primo at Guildball.—(f3eforn
Lord Chief Justice Cockburn and a spatial jury.)
- LINDSAY M.P. AND OTHIMS V. LIATHLEY.

The further heertog of this case was resumed this morn-
Mi. The plaintiff's case was concluded about midday.
Mr. Bovill, q.c., then addresaed the Jury for the defend-
ant, shadowing forth the facts he relied on and the nature
of the evidence he should call. The learned counsel's ad-
dress occupied nearly the remainder of the day. It is doubt-
ful whether the trial will be finished by Saturday night.
The case in that event will have occupied the court the
whole week, to the prepulios of other urgent and important
trials.
SECOND COURT.
After Term Sittings at Nisi Prins at Guiklhall.—(Before
Mr. Justice Blackburn and a Common Jury.)
BARN= V. =MIT AND ANOTHILIt.
_ _

This was aits7rdisO iosfrrulTle;tly repeating that a
certain person wee a man of credit, when in fact he was not
so, whereby the plaintiff had been deprived of the value of
bis goods. There was ale a count for conspiracy. The de-
fendants pleaded not guilty.
Mr. Serjeant Bellantine and Mr. Kelley were counsel for
the plaintiff ; Mr. Powell, Q.C., and Mr. Eyre Lloyd, were
counsel for the defendants.

The plaintiff is a commission agent, and the defendant'
are warehousemen carrying on busineu 4 the City, and the
plaintiff complained that he had been induced to trust •
French house with whom the defendants were concocted
with goods on their false representation that the party was
a person of credit, they well knowing the contrary when
the representation was made. A difficulty arose at the
commencement of the cue, the defendants relying on the
9th Geo. IV., commonly known as Lord Tentendon's Act,
which enacted that verbal words relative to the credit of
another was not sufficient on which to found an action, but
that it moat be in writing. The learned serjeant admitted
that in the case of one person the action would not lie,
but he ingeniously put it that two persons acting together
in making • false representation were guilty of a conspiracy,
which he urged so altered the case as to take it out of the
provisioos of the act.
Mr. Justice Blackburn said the conspiracy might be the
subject of an indictment, but he was clearly of opinion, for
this action to be sustained, that the words declared upon
most be In writing, and not serial
Mr. Powell said the case of " Haslook y. Fergueson" (7th
Adolphus and Ellis). was a direct case in point
I Mr. Justice Blackburn said he should rule that the pre-
sent action would not lie.
_ _

The plaintiff wiu, then noesuited, with leave to move the
court on the point, and his lordship stayed execution for
costa to allow the plaintiff to move mat term.
Mr. Powell said that if the case had been gone into the
defendants would have shown they were trusting the
French house to a large amount, sad that they acted in
perfect good faith.