The Express.
London, England, 1856-01-12 00:00:00

CARLOW P. •RILAWD.

This wee the well known case wit► regard to the nego-
tiability of crossed chivied., which has mooted a good dual
of public discussion. It was tried at Gaildhall before Lord
Campbell, when it will be recollected a verdict was found
tow the defendmit. The cheque is question was dated 12th
January, 1865, being drawn by G. J. Morris on his bankers,
Mean. Masterdom, for the sans of 481. 17e. Ild., and it was
sent to the plaintiff. by Mr. Morris, who pretion.ly crossed
it "Ileum Dixon and Company." It wee itatrasted by the
plaintiffs to the ears of a c erk nomad Pridmors to pay into
their book, bat irstaad of doing so he obtained cheeps for
khans the defendant, who is a publican i• Fetter lane, and
tiwa absconded.

Lord Campbell, after reading his a rtes of the evidence in
the cave, said be told the jury that erasing" the chigoe
did net destroy fte negotisoility, mid that though there
might be circumstances of espial's regain)" the changing
of ft for their coosideratioa, yet if the defendant bah tide
look the cheque and gar, vales for it, they ought to find a
verdict in hie favour.
E James. Q.O , la !novice hr • new trial on the
Freund of =Wirt scoe.and also on an affidavit, said the cue
/evolved • queetiva of very great importance, and had ov
'willed considerable atteatioa la emmeraal circles. AI
regarded the maker of the cheque, he had taken every m-
enthe ler hie ows protection by eimaing it not merely
"sad Company," bet "Mena. DtiZll and Cospany."
Lord Campbell observed that the cheque was an instru-
ment payable to bearer.
Mr. James said no doubt it was as instrument of that
eherecter, bat it bore on the ha of it a marimba, viz.,
that it was not to go through the hands of any beaker, but e
batik., spec Sally meational.
Lord Colophon said it woe admitted that a crossed cheque
might be paid to any banker, whether it bore the name of •
pima lar banker or not.
Mr. lusts argued that it ought to have been left to the
jury to ay whether it was not incuiebeet on the Wooden%
to inquire lab the character of the holder before coshing the
dieque.
hr. Justice Crouteen observed that it might be a great
error for a penal to cask • eneeed cheque without making
peer invites, but the ermaing could sot destroy its nego-
tiability.
Mr James said as that seemed to be the opinion of the
eget, Le would anode to the affidavits, ea which he aloe
named. It appeared that the defendant, Mr. Ireland, kept
• publiakenee is Fetter lane, when lawyers' clerks from
the Temple came to divert themselves after the labours of
the day, sad where Pridemore had been La the habit of
playiag at whist. At the trial it was swore that the cheque
wee paid in cash-IW. in the first histanee, and the re.
naiads/ three or fear day. afterwards; and the
davit, which related to the quake whether the
traarectiou we bead lie or not, showed that
she matter ought to be farther laveetigated. It
wee the affidavit of Yr. Haines, who said be wee 'aided
the cheque was not received boil fide, and that if the eV
deem which seed sow be brought forward had been
addend at the trial, a verdict would have bea found for
the plaintiff; as it was, the jury hesitated a good deal about
Moir decision, and it wee ultimately agreed a take the me-
dia of eleven, though he wee inclined to think the twelfth
man wee the moil seellie of the ember. (A lamb )
Ames other additions' halginellig US. Holum aid it could
be proved that Reid, • bee engem maker in the Black
friars reed. iiitiodneed Pride'', 10 the defendant in
O•toberl 1854, for the pewee a *Os* etude at his house
—not with the view, as ellegel el defog at an ordinary
which wee given them& /nab, _wrote the erten of phy-
la; cards with the deemdeme me Wedmedeye and Saturdays,
led that ham October is Mesh, whim be absconded, he
lost between 1204 sad 1284, the major port of Wish wee
lam from bias by the headset ; and farther, that Frid-
ays', es the 18th January, 1865, requested the defendant
le each the cheque to enable him to memo to play at
seedy, and that the defends", woo a tosaiderable potties
of the money be advanced Elm for the cheque. At Hand-
ball the defendant swore positively he neer wee say more,
tens him at cards; and ender these eirtIIMAIIIMS it was
sal, right, if this affidavit meld not be satiefecterny
answered, to grant • sew
Led Campbell legated if the navies of the partin who
weld give this new evidence were mentioned in the
eildavit
Mr. James replied in the negative.
Lord Campbell was not aware that the weft had ever
send sae each an affidavit.
/tr. Jame said the any objets of the *LUIS. was to have
the matter properly inquired into. He mdentocd that
ekes the trial of the ease other tame Mew had been
weed In • similar way at publivesam.
Lord Campbell—lf there is really any fault here the
epee will be glad to mist you Is detailsg it, but you must
Was etroogsr affidavit
Jania—The affidavit Is perfectly bosh fide, and the
lemma no same are given is that the Oaks and others who
=this informant:a to Mr. Haines Nude him give a
eat be would sot mention their mama.
It,. James than obtaleed permission to emeud the affidavit
mid mention the ease area ; and
Toe Court gave Judgement en the point as to misdirection.
Mr. Justice Coleridge said the amiss of the cheque
might east on the defeadent the burden of peeve, he had
beat fide gives lull value for it, bat could not in any way
Isherfere with its negotiability.
Mr. Julies Waltman and Mr. Justice Cromptou con-
owed is that opinion.
Lord Campbell, on tonsiderstioe, adhered to the view he
leek at the trial, and thought hie direction was cornet ia
feast of law. The cheque was payable to bearer, and its
ban erased wee no ground for saying it lest its character
as an instrument so payable ; and that being so, the question
was not whether there were eircuasteacee to awaken the
onapielo• of the defendant, but whether it was • boos fide
lemeectim, and whether be gave fell value for the cheque.
That, hot, we the old law of Zeeland. Fora time there
entainly was a change, or rather, as he thought, an i
Yes, but It had been cometed by the deeidone of all the
settle of Westmlaster-ball ; and the law en the subject wee
mew &stied, settled. This decision had aired great seam
Min eed alarm ; but soneenearily, for there was en alteration
Mekw,as had hem apposed, he kiwis' been guided he the
ewe be took by the dahlias of his predecessors, and aided
strictly in accordance with the laws laid down is "Bel-
hsy e. Merjiribenks." Bet though the cheque was •
negotiable inurement. notwithstanding what appeared out
the fee of it, the fact of its being erased wee • arcenatance
worthy the consideratiou of the jury is uryieg the bona fides
of the ease.
Rule refused on the first point

COURT OF COMMON PLRAI3.-JAN. 11
RITMO 111 111111111111116113 OM. mem /WA SCRIMS

ctanruy WILLIAiII. AND CWVso.

The Judges of 'hi; smut I;reakfested with the Lord
Chancellor, according to custom, and so did sot ethos at
Westminster sotil surly two o'clock. Boos afterwards
Soy took their seats spas the betels, sad at saes seat
throagb bet" and beard materse.

3081$1111/ Or TIM COURT.

The Chief Jugi:it said tbat ca Tuesday seat Mr. 'settee
WLles would be sped the beads, fa order to bear teatime
Its sew trials is saw diet bed beets tried before hies.

COURT OF EXCHEQUER.-JAN. 11.

INFOS, 11l

TUB LAMM alfrl LION, 11, SAWN

strums, ma Scions atin, cab NA. SABO! ssisiwru..
The *wart oat at two o'clock, and was cruel, crowded, is
foneavionee of Kr. Baron Braswell taking his seat on the
Wadi far the first Use, which hia lordship aid alter haviag
bad Übe wool oath sdoliaitefed to his by Lb* Que•are
imeoahrsseee.
Nose of the nodose said. to day refs of say ?talk
Mend&
. COURT OF BANKRUPTCY.—JAN. 11.

UMW WM. 0311111MMUll
tti la 1111•11•11, PAUL, MID NATL.
Ilimar a Betties ander this bankruptcy fee the per-
m, Inaidarias a potties which had beta ;minted b
• 11/10111$ bet the prwseeduris were strktly priirste, us
ledt aim dill ass tasaspire.

MERE SANGUINARY EN
WITH PIR4TU.

pion Lur xio=r•s Quirts)

Adair%ltv, January 10, 1866.

Despatches, with enclosures, of which the following
are cooks, have beau received how RIM Admiral Sir Jaws
Commaadar.in Caisi et her Majesty's ships and
vasnals an the Seat India sad Callas station,

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