The Express.
London, England, 1849-06-01 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.—YarnEDAL

&Tram rn B►soo.—Bross Loan DINIUM. Ma. Janus PATTIEIIf,
MIL JIATICE COLERIDGE, AND XL JUSTICE ZELL
COMM O. TUB Hon. EDWAan

Viourr.

This was an action which had been brought to recover the
sum of 2241., being the balance of an snout for goods sold
and delivered. The jury returned a verdict for the plaintiff for
1251. odd, the plaintiff only proving part of his dada The
cue was taken es an undefended one, before Mr. Justice
Wightman, on the 24th of May. Mr. Pocock now moved
that the verdict be set aside and • new trial had on the pay-
ment of costs. The ground of the learned eounsel's applica-
tion war, that the defendant was not aware when the
cause would be tried, and therefore had not appeared
to defend the setae. tle had a bona fide defence, and had
pleaded three pleas—first, never indebted; second, pay-
ment; and third, the statute of limitation. The defence
was that a violin had been sold for the sum of 3001. by the
plaintiff to the defendant, under the representation that it
had been made by °neutrino, and was the famous violin
on which Paganiai perforated, and wed known by the name
of the " Garnenue violin." The defendant denied that it
was a tannin* Ounerius violin.
The Court granted • rule mid.

BAIL COURT.—YarraRDAT.
errnxes no Basco.—_lhroas 31.. lonics Ems.

....
Zs PARSE ILmmusom. Ix as TRU LINCOLN WATER.
WOW COMPANY.—CmionAat.
Mr. Phipson, on behalf of • gentleman of the name of I
Harrison, moved for a certiorari to bring up an inquisition I
taken in July, 1847, before the ex-under-sheriff of the city I
of Lincoln, in order that it might be quashed. It appeared
that in the month of April, 1847, Mr. Harrison being the
lame, under the dean and chapter of Lincoln, of a tienc:olo: 1
lend in that town, was tented with a notice by the
Waterworks Compaq stating that they should require the I
land. A similar notice was also s- nod upon the
dean and chapter. In June, 1847, the Lincoln 1
Waterworks Company batted their precept to the ex-
sheriff of the city of Lincoln, to summon a jury to MOO I
the amount of compensation due to Mr. Harrison by reason
of the Lincoln Waterworks Company taking his land. 1
Upon the inquisition being held, evidence was brought for-
ward by Mr. Harrison, to ,how that he was entitled to com.
;mission for the severance of the piece of land required ,
the company hem other land held under the dean and I
chapter of L. No evidence was adduced by the dean
and chapter, to show that they would sustain any injury
by the severance ; but on the contrary, their surveyor, who 1
was examined before the inquiaition, stated that they would
is no way be da aged by it. The jury awarded
the mm of 8251. as the value of the land,
and 2001. u compensation for the severance, to be paid to ,
Mr. Harrison, irrespective of the dean and chapter. The ,
ex-under sheriff, however, notwithstanding the decision of ;
the juty, entered the verdict, that the 2001. was to be paid to '
Mr. Harrison and the dean and chapter conjointly. The ,
two sums of 8251. end 2001., had been paid by the Lincoln
Waterworks Company to the account of the Accountant-
General of the Court of Chancery. The learned counsel
having stated several other objectless to the inquisition, sub-
mitted that he was entitled to a rule.
Mr. Justice Erie mid he would grant a laid rule for a cer-
tiorari upon the point made by the learned weasel with re-
speet to the 2001., and he could also move when the rule
came on to be argued, upon the other points he had men-
tioned if they could be made anything ot—Hule nisi granted.
Ma Puts.
Niwtort v. Humor (Cz.azit).—Brio or Ilica•noz.
Mr. Bushey, and Kr. Hawkins, were counsel for
the rlaintiff ; sad Mr. Bovill appeared kr the defendant.
This was an action brought by an attorney to rower the
amount of a bill of exchange
_for 501., drawn by one Mark
Taylor, accepted by the defendant, who was • clergyman of
the Church of Nnaland, and endorsed by Taylor to the
plaintiff. The elehadant put several pleas upon the rocord,one
of which was that he bad rewired no consideration for the
bill. To prove the plaintiff case, a witness of the name of
Pound was called, who proved the acceptance to the bill to
be is the handwriting of the defendant. On crown-
aaistatioe this witness said that he was clerk to
the plaiatiff. The plaintiff was en attorney, and was
the brother to Mark Taylor, althonah ththd not
go by the fame name. Mark Taylor and the plaintiff were
brothers, and Nathan the sheriff's officer. Taylor,
the endorser of the bill, was the owner of We stone-quar-
ries in the county of Durham. Witaeai did set know that
he had • greet many bill transeations. Had men the defen-
dant signlis name twenty times. The defendant was now
in the Queen's Basalt prison. One neeniellwhen witness
saw the defendant Bleu hie name, wee at ems% Hotel.
when he have a dinner to about IseOf • doses
having so money to pay for it, the plaintiff lent CM., Sir
which he pee &bill exchange. Witness sew the defen-
dant write his oessent to a judge's "tier is Johnny Dreams's
public-bowie, in Afz•etreet, Piccadilly on whisk eenries the
plaintiff and wit ass were present at the dean of the dohs.
dant. Several actions had bees brought apelmit tho delta-
dent for various emus, in width the plain had mood es
the attorney spinet the defendant, and virus bad been
pieta whist lila in all the ems, after which he paid the
mosey for which he was seed.
Mr. Bovill, kr the Mar" said the only witness he could
call to prove that the dellsolsnt had received no cotuldera-
, tion for the bill must sesserwily bea heed's one, as his wit-
, nest for that impose win Mr. Mark Taylor, th indorser of
the bill, but he led no other alternative than to put him is-
to the boa.
Mr. Mark Taylor was thee called and eicastined by Mr.
Bodll. He said that he was net in the constant practice of
dboonnft Ms. He went to Wkikerces.otousc rhea to
, see the Minima, and wee escoopeaki by Mr. Newton,
I bet did set ale Ids belga Ms moise he any please of blank
pp:Pearema give for two other.
that had. lTheetheanseindiehmallemordste.sl7saiThebillegsedarn
, all wise ammo& is the tmersecties. Witco= did not ,
; say if the delbsilest weld sign the all he would let him out
i of prierftere be was at witness's snit for between four end
, Sri ed ponds.
The joy 'burred at the slots glide wilassa's *Tifton

that although he stated that a consideration had been giver.
for the bill, yet they were not inclined to credit his testi-
loony ; and they wished to know whether it was not lotus-
bent on the plaintiff to prove to their satisfaction dust consi-
deration bad bran given for tbe bill ?
Kr. Justice Brie slid there was no neavalty for the plain-
tiff to prove any consideration. All he bed to do was to
prove the handwriting of the acceptor ; and as he bad done
that the jury mast return a verdict la his favour.
601.
The jury this returned a verdict foe the plaintiff, for
Ba.

COURT OF EXCHRQUER,YEsman.

Ntss Pins AT

.—Beroas lb. Bvoe PAm AND •

MRODLINKI 0:4101011 Jost.
JONSSON O. GAILAIIT.-FOZCIPL2 1111 MIT.

This was ea action to recover compensation is da. 1
manes for an alleged forcible entrants of the plain-
tiff's dwelling-beuse and premises, and seizing and taking
possession of certain womb. The defendant pleaded not
guilty, and that the house and the Foods wen not the plain-
tiff's; there was also a plea of justification on the ground of
a fi. fa issued from this court, and leave and liens*. Kr.
Hamfroy and Mr. Jona wen for the plaintiff, and Mr.
1 Knowles for the defendant.

The plaintiff is a publican in Kin's-gateestreet, Holborn;
the defendant is an raker of the sheriff. On the 4th Nov.
the latter took pomades of the hones in question—the " ffir
John Falstaff" tavern, in Brydges street,Countgarden—but
alter remaining there four days, he went out. the plaintiff
(Johnson) having exhibited documents to show that the
hones and furniture had been previously transferred to him
by Janes, the former landlord of the tavern, against whom
the writ was issued. A valuation was produced
aad in
end a broker proved that the plaintiff ht the ItiOriarlan
fittings ; end it was also stated that he taken certain
additional articles of furniture into the house. It was stated,
in mouexamination, that soon after this occurrence, Janes
passed through the Insolvent Debtors' Court. To support
the claim for damage,, it war shown that the plaintiff had
been greatly annoyed by the drunken conduct of the " man
in possession."
Hr. Knowles, for the defendant, addressed the jury, con-
tending that the alleged sale was a flatitiotui one to enable
Janes to pus through the Insolvent Court; as it had been
shown in evidence that the letter, some time after his insol-
vency, spin entered into possession of the premises, which
he still retains, _ _

—Mr. jinn Parke left it to the jury to say whether the
transfer of the house and tilting@ was a bon& fide one, or only
•transaction to sive tbe plaintiff a nominal porsession ; and
whether any portion of the furniture seised was that proved
to have been brought into the house by the plaintiff when
the alleged transfer was made.
Tke jury found for the plaintiff on the material issues :
damages, one farthing.
Mr. Baron Parke said them was no occasion to certify as
to costs, for Lord Denman's Act and the county court statutes
prevented that.

COURT OF BANKRUPTCY.—ThrzaDAT.

Bayou Xx. °CUMIN
RE ALVIANDIa.—LO2IO ADZI

LOANS.

or EXkYt-

NATION.

This was the adjourned last examination meeting in the
cue aflame! Alexander, merchant, of Greet Winchester-
street. The balance-sheet, prepared by Dims's. Quilter,
Ball, and Co , extended from the let of January, 1846, to the
date of the fiat in Deoemb. r last, and contained the follow-
ing items: To creditors, 7,6624 ; ditto holding security,
53,5491. ; liabilities, 1,1061. ; capital on the 31st December,
1845, 17,1951. ; profits, 19.2651. By proper'," given tap to
the assignees, 6221 ; ditto in New South Wales (of this no
estimate was given) ; ditto in the hands of creditors, 63,4751.;
trade expens e,1,0121 ; personal and household ditto, 1,5411.;
lour, 26,4371. ; ditto is respect of crates in Scotland 7 3641.
Mr. Rees, for the assignees, opposed the passing of the
bankrupt, stating that he bad been a merchant trading
largely with New South Wales. In November, 1846, he had
formed a partnership with a gentleman named Redfern ; and
there were ennsequesdy two accounts, a joint and a separate
account. They had made very extensive speculations in
wool, the result of which was not clearly shown ; and on
these and ether points the assignees were anxious to make
further inquiry. The bankrupt was also propriettr of two
estates in Sostland, which had been mortgaged to a consider-
able extent, and the accounts were very complicated. It had
been discovered only a short time ago that the bankrupt, in
granting these mortgages, hid reserved to himself the right
of granting ground lessee, which he had exercised in two in-1
stances. The heritable bond creditors had disputed these
leases as being contrary to their in. erest ; sad whether the
estate was entitled to any interest in those leases, the assignees
could not tell. The bankrupt had laid out considerable sums
of money in building hotels on those estates ; and it was a
legal question of some importance whether the assignees were
not entitled at least to the value of the bricks and mortar,
though the rents were received by the heritable !rind creditors.
Little reliance could be placed on the accounts, for on the
bankrupt bring asked to explain a certain item, the discovery
had been made that a sum of 1,0001. was omitted. On these
ground, a reasonable adjournment ought to be ranted ; for
though the accounts had been filed seven weeks, sufficient
tints had not been allowed for their investigation. It was
unquestionable that, in December, 1846, he knew himself to
be on the verge of bankruptcy ; and this being so, he had
had plenty of time to prepare complete accounts.
Mr. Maynard, for the bankrupt, said he would not oppose
a reasonable adjournment, as there were several questions
which would have to abide 1-gal decision. As to the state.
meat that certain facts had only been discovered last week, it
should be observed that the private meeting wss only then
held. Some of the accounts required were in New South
Wales, and could not be prodeced in leas time than nine
months. The bankrupt's marriage settlement had been
asked for; this was not in his possession, but in that of the
trustees.
After a conversation the last examination was adjourned,
by consent, till the 30:b of May, 1850.