The Express.
London, England, 1847-02-02 00:00:00

COURT OP QUEEN'S BENCH.

PICIPOTLD 111. LAWN. STAGE COACH Law. —Mr.
Crowder, Q.C., and Mr. Montague Smith showed cause
against a rule which bad been obtained for setting aside the
defendant's verdict, and entering one for the plaintiff foe
one shilling. The plaintiff had sued for the ease of M. be.,
the balance after deducting a deposit of If. of the Nem" al-
lege& to be due to him under a contract, entered into by
booking in the usual manner, for conveying the defendant.,
his wife, and his servant, from Yarmouth to London, in the
coach of the plaintiff. It appeared that at a place called Yon-
ford, distant snout thirty miles from Yarmouth, the
plaintiff's coachman took up tome young ladies
from a school, end,. increased the number of passengers be-
yond thatfor which the coach was constructed. The defendant
and his wife thereupon left the coach and went by postchaiee to
London. The servant. however, went on with the luggage
The jury was of opinion that the plaintiff had violated his
contract by taking a number of pamengers ,reeding that
named in his license, and found a verdict for the defendant.
- ' " that the
only bad
counsel

sonteaded, that if the contract on which the plaintiff relied
was the edema one ; the jury had declared it to have bees
violated by the plaintiff himself ; if he relied on a sew ma
tract, it mast have been made at Yoxford, and the ens of
11. exceeded the fare of the servant from Yoxford to Lordee.
After Yr. Archbald had been heard in nipport, of the rule,
the court ordered it to be discharged. Rule discharged.

COURT OF EXCHEQUER.
Sittings in Bums
Porr AND armies ASSIONsiss v.l CLIO*, Exaarron.
—How /AZ •Itl BANKS'S AT IMIEZTY TO avail, ewes_
SILVIO SP Tel STATUTE OF LIMITATIONS TO AN OLD
NANKIN" AooollloT.—The plaintiffs as usignees of a banking
dim in Cheshire, which had become bankrupt, brought this
action is recover from the defendant, as executor of a gentle.
man named Turner, the boluses of a banking account, which
it was alleged he had overdrawn during his lifetime. As to
1,1001., parcel of the sum sought to be recovered, the de-
fendant *ailed a set-off for money deposited with the hank-
rept@ bj the testator in his lifetime. To that plea the
plaintie replied the statute of limitations. The question
raised ban, whether bankers, who are suffered to retain
deposits fir sixiss, no act baring been done during that
peeled by the 'tors with reference to their claim, are
MONA to avail motives of the operation of the statute of
lloillaffieno. At the trial, it appeared that the bankrupts were
&debts* le the Late Mr. Turner to the amount stated in the
plea of aslrefe but that the trennections, out of which the
debt arena, had serrated mat that. six years uneasiest to
Mr. Tnner's The tasting having been reserved at
the trial fro the SIMMS of Ws smut, and having been fully
argued Wetness* ego.:
Stir F. Polka, C.D., pronounced judgment yesterday
morning. The mart differed in opinion upon the subject—a
majority kWh* that mone paid into a bankers by a
customer, week the nature of money lent,—• view of the
ease, to sustainwhich several authorities had been cited. For
himself, be ahead state that be doubted whether that doc-
trine was menet, but, in expressing that doubt, he felt great
diffidence, as the other members of the court did not partied.
pate is it. If money deposited with beakers wee to be con-
sidered u money lent, they were undoubtedly entitled to
avail themselves of the statute of limitations just as any other
debtor night. Under all the circumstances of the pelmet
case, he emearred in the opinion, that the replication of the
statute was available. The judgment should therefore be for
the plaintialk
ASZLIIT AND OTNRES O. PRATT.—MARINS POLICIZS or
INsVILANOI.—The question raised in this Cane was submitted
tO the eoart in the form of • special case, and was 'need so
long ago as Raster Term, 1846. It was an action on a policy
of Inenreaco effected on a ship called " The Man," on •
voyage from Liverpool to China and home. It appeared
that the vowel was lost on her voyage back from Manila to
China, sad that amongst the articles of which the cargo
()ceased, there were 230 chests of opium, which were lost.
The question raised was, whether there had not been studs a
deviation from the course prescribed in the policy, u
alto-
gether to avoid that instrument. The court gave judgment
yesterday, to the effect that the course taken by the " Mare"
was within the terms of the policy, and as the vessel lad
been totally lost, the insurers were liable.—Judgment for
the plaia accordingly.
Tire QIIIINN o. GAMBLE.—ETIDENCS ON AN APPIAL.
—This was a smial awe sent up by the learned Recorder
for the Borough of Leeds for the opinion and direction of
this court. It was argued on Friday last, and repotted in
the Exrame on Saturday.
Sir F. Pollock, C. 8., stated yesterday the court ware of
opinion that the doubt entertained by the learned recorder
was perfectly well founded, and that the crown could not
have judgment upon the second count.

COURT OF COMMON PLEAS.
Sittings in Banco.
WOOLLITT O. Davis.— REGISTRATION Arritu..—The
court gave judgment in this cue yesterday. The appeal wu
from the decision of the revising barrister for the county of
Monmouth, and the question was, whether a deficiency In
the notice of objection could be supplied by a reference to
the list of voters, in order to render the said notice sufficient
as to the description of the objector's place of abode. The
question depended on the oonstruction of the 17th station of
the 6th Viet., eh. 18. Looking at that section, and the form
of the schedule to which it referred, the court were of opi-
nion that the legislature intended that the notice should
contain ell the requisites necessary to inform the party
objected to of the objector's plate of abode. In the present
case, the place of abode as described and in the notice was
" The than" with the addition of the words, " on the Hat of
voters for the parish of St. Woollen." The revising barris-
ter had held that the notice of objection might be so eon.
nected with the list of voters as to make the description of
the place of abode sufficient, and that when so connected the
notice might be taken to be in conformity with the Menne.
The court, however, were of opinion, that the notice of ob
jectioa should itself contain a full description of the objector's
qualification ; and that therefore the decision of the revising
barrister was wrong, and must be revered.—Devi ion re-
versed.

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