The Express.
London, England, 1849-01-12 00:00:00

COURT OF Qtrlfß.Vs BANCII.7TermaDAT.

11e wart meal as Lord Deccan, Mr.
Janie* Patterce Mr. Justin, Coleridge, and Mr. Justice
Win Mama =lied in the full court, earl Mr. Justice Irk
lag* Bad

Tamsain-a7l"atutait.--81.•arna.—This was in anion
Medal the last sitting. in London, when a cm .iet was found
far the defendant no the man Wass, and for the plaintiff osi
• plea of jestificatior. The plaintiff had for several
pan been in the employ of Messrs. Boman, the ship-
OWSIPTS, sad lately es nude of the ship Java, of
which the defendant was captain. The Melan-
ins alleged that the defendant had said of the
517 tiff that he drank bard, that he was sddicted to drink.
sad was often intoxicated when at see, in consequence '
which it was alleged he bad lost his employment. The
defendant bad pleaded not guilty, and also a juetilloation.
Tim latter plea, however, he failed to establish, but Mr.
Ileames having. under the direction of the learned jade',
refused to oenununitate the contan'a of certain letters which
he had received from the defendant, on the ground
of their being privileged oommealcatione, the plaintiff
failed to make out his case. Mr. &deem !bee
now moved for • rule nisi for a new trial, on the pound
of sabdirectien. The court having granted the rule, the
leaned suejesat stated that the Mainuff only wanted to vin.
dine his tharacter, and would be quite satisfied if the deign.
ant would withdraw the imputation.
Troia& g. RONAIIIIIII AND OTHNILL—LIANILITY OP
BANCIUL—The plaintiff was the secretary to the Pelican
and Paean Insurance Cusepaay, and the Ceindaats, Messrs.
Roberta and Co., the well knew. Makin. The action was
brought to neon, r 5,0001., paid by the defendants as bankers
of the lantana company. The ease was tried at Guildhall.
It appeared that • Mr. licherwcod, since demand,
effected a policy for five thousand pounds on his
life in the Pelican °files through Mr. Tate, an sweat et the
easapeay at Manchester. The assured died to 1838, when a
Mr. Winterhottam, an attorney, was authorised by bur
&maiden of the monied (his executrixes) to receive the
money for them Ile accordingly presented the probate and
policy te the company, whereupon they gave their agent au-
thority to attach his signature te a bill for the 'mount, di-
nning that the executrix-a should alto endorse the bill.
The bill was accordingly drawn and the m..ney paid by the
defendants as the bank rs of the assurance company, but it
sulreqeently tarred out that the signatures of tin ladies had
been forged by Mr. Winterbetham, who was convicted of
Om (Sao*, and they consequently etched on the Pelican
Assurance ethos to pay them the amount, the
mesh of which was the ection abuts referred to,
brought by the 'asuman Company against their
bankers to recover the tame, *hick they had paid
ea the forged bill, on the grand that they had sot
emagiagg neaemp avian. The jury and for the do.
fustian—Sir P. Kally afterwards obtained a vale for a new
trial, en the rand that the trannation was a mermatile
ene, and the tit-re must therefore he held leable.—The
Atterespdeneral, Mr. flerieent Sbce, and Mr. Besseew new
Mewed cause against the rah, and urged several inhaled
=mils favour of their climb. It was admitted that the
were justified, under the eircametaaces, is paying
the bill, which they had every reason to b-!love to be ge-
nuine ; 'moreover, if it had neon so, they would have been
liable to an xenon for rend. g its payment —Mr. Martin,
Q C., sad Mr. Bramwell, having been heard I. support et
Use rule, the court deferred its Judgment.