The Express.
London, England, 1847-03-16 00:00:00

THE EXPRESS, TUESDAY EVENING, MARCH 16, 1847.

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was 1491. 10s., and for this amount the petitioner tendered a
proof against the estate of the broken. The affidavits in
support of the petition stated that scrip shares
had issued in October, 1845. It appeared, however, that
these scrip shares, although perporung to be Huddersfield,
Halifax, and Bradford Union Railway scrip, were, in fact,
shares in an undertaking formed by as amalgamation of the
projeetea company with the Leeds and Manchester Railway
Company. The Commissioner (Mr. Burge) declined to ad-
mit the proof, and merely allowed a claim to be entered on
the proceedings ; and one of the grounds of his decision was,
that the event, on which the pestles' and sale were made
contingent, vie., the delivery of scrip in the specified under-
taking, had never taken place. The present petition was an
appeal from the rejection of the proof.--Mr. Russell and Mr.
Bagshawe, in support of the petition, said that the " bought"
and " sold " notes did not specify any purchaser or seller,
but that the transaction was with the broker only, who must
be treated so the principal in the transection, or as a species
of did eredere agent, with this peculiarity, that the agent
was the party primarily liable. The large commission
paid on transactions in shares, as compared with ordinary
transfers of stock, showed that the broker was not a mere
agent; and there was an affidavit of a respectable share-
, broker to the effect that by the understanding on which
each transactions took place, the broker was bound, as re.
prged his principal, to make good the bargain, if the
party with whom he dealt did not.—The Chief Judge asked
what was the exact meaning of the word " scrip " ?—Mr.
Russell said it was a certificate entitling a person to become
a shareholder in an intended conipany.—The Chief Judge :
A floating hope of sharing in a possible future association
—Mr. Swanston : But the subject of bargain, here, was not
even that ; but merely a prospect of future scrip.—The
Chief Judge: What! is there anything still less substantial
than scrip Do people bargain for the hope of a hope /
Me. Swanton and Mr. Amphlett, for the assignees, con-
tended that there was no ground for treating the bankrupts
as principals. They were merely agents, and even if the
ease could be treated to one of a del eredere commission, still
the principal must be fleet sued—" Morris v. Cleaaby," (4
Mauls and Selwyn, 667.) But, in whatever way the matter
might be considered, there was no contract, except upon a '
contingency which had failed. The scrip to be delivered
was to represent shares in an independent company, with a
capital of 300,0001. divided into 15,000 'harm. That cimpany
was at an end, and the contract had become impos.ible. The
scrip delivered was of a totally different kind, and therefore
there was no subsisting agreement on which any proof could
be founded. They were about to impeach the validity of
rules of scrip in general, and to question the decision in
" Young tr. Smith," but the Chief Judge said he considered
the authority binding upon the court, and that he had already
acted upon it.—Mr. Russell replied.
The Chief Judge said It was not established in the evi-
dence, that the time had arrived at which the alleged con-
tracts were to take effect, aced that his Honour saw therefore
no reason for disturbing the Commissioner's decision. The
parties might, however, try the question at law if they
thought fit. This opportunity was accepted, and the terms
of certain admission were arranged. The action is to be
tried in London.

COURT OF BANKRUPTCY.
Wore Me. Comenlmionerlro7d..
BILL DIALINOB.—The bankrupt, W. Qoineey, was a tin-
plate worker, and has been largely engsged in bill trans-
actions. This war an adjourned meeting for the choice of
assignees. Mr. Bovill tendered a 'proof on behalf of the
Copper Miners of England to the extent of 6,0351. gs. 6d.,
being for Foods sold and money lent to Quincey, who had
been trading under the firm or name of Howard and Co.,
upon six bills. The bankrupt, Quincey, was eouneeted very
deeply with Ricketts and James, who have since become
bankrupts, and indebted in a large amount to the Copper
Company, who desired payment from Quincey, and, in order
to prevent pressure upon him (Quincey) which would be the
cause of his failure, and the stoppage of Messrs. Ricketts and
James, they (Ricketts and James) had consented to pay the
Copper Company a composition of N. 6d. in the pound,which,
however (as we understood). had not yet been paid. The
arrangement was between Messrs. Ricketts and James and
the Copper Company, and certain letters were banded in to
the court to show that the composition was not to be consi-
dered as a payment fur the whole amount due.—Mr. James,
in opposition to this proof, observed that, by a distinct con.
tract, the Copper Miner; Company had been deprived of their
right to sue, and Messrs. Ricketts and James were not at all
liable for the debt due by Quincey, but they certainly were
sambas that Quincey should not fail. Old bills which had
be given had not been delivered up, end the Cop-
per Company was attempting to prove against this
estate, and that of Messrs. Ricketts and James.—His Honour
considered that the effect of the arrangement was, that Is. 6d.
in the pound was to be paid to the Copper Compare y, to pre-
vent their suing Quincey, and to get the remainder of his
debt when they could. Under all the circumstances of the
ease, the proof must be admitted. The proof was then ad-
mitted for 6,0361. 6s. 6d.-51r. Maynard then tendered a
proof upon the part of Mr. Enthoven, on eleven bills, to the
extent of 14,2401. ; and he (Mr. Maynard) wished to state
that Quincey commenced business in 1833, and consented to
pay his partner (a Mr. Howard 125,0001. to go out of the
firm, but it did not appear that he had one shilling in the
world, and he borrowed 3,0001. from Mr. Vigurs, and secured
the rest by bonds, &c. The moment he commenced his
business he received assistance from Visors, Batten, and Co.,
to whom he had become indebted to the extent of about
10,0001.; but they had drawn on him (Quincey) to the
amount of 9,0001. or 10,0001. beyond that sum. His books
had been very badly kept, and he appeared to have pos-
sessed no funds from the time of commencing business to
the date of the fiat. In May, 1844, James entered into part-
nership with Ricketts and Enthoven. Quincey had their
acceptances to the extent of 30,0001. standing out, and after
having had notice that he was dealing with a new firm, hi.
went to James for a loan to pay some of these bills,
and he (James) fraudulently (as alleged) advanced him
money, Quincey giving his acceptance.—Mr. James must
submit, that if there was fraud on the one hand, there was
gross negligence upon the part of Mr. Enthoven, who was
clearly liable on the bills as a partner of Ricketts, James
and Co. end his own firm of Ely, Enthoven and Co., and
having redeemed the bills after they were due, and endorsed
them to Ricketts, James and Co., he came here to prove
as Elly, Enthoven and Co. Be (Enthoven) put Mr. James
in mind of the ostrich who put his head in the sand and
fancied that he was not perceived when pursued. Under
all the eireunuitances of the case, he (Mr. James) th:ught
that the proof could not be admitted.—Mr. Maynard was of
opinion that a man taking a bill after it became due, stood
in the same position as the man from whom be took it.
—After some further discussion, the proof was allowed to
the extent of about
E 30001.,, and adjourned as to the diffe-
rence.—Mr. James nthoven and Mr. Quilter were then
proposed as assignees, but rejected, and the choice of assig-
nees was again adjourned.

ASSIZE INTELLIGENCE.
NORFOLK CIRCUIT.—BroRD,I4Asca 15.

Bur , a girl asri 17 piers, war cm.
victed, chiefly on her own confession, of haring act fire to a
barn, the property of Wm. Chrf, Esq. The remarkable fea-
ture of the case was the total absence of any motive for the
prisoner's conduct. In her confession to a neighbour she
said that "she could net say what had made her do it—
she did not think of it many minutes before she struck a
light sad fired the barn.—lt was co use asking her how she
Wt whoosh@ did it—it had been done over and over again,
and ad{ sot be undone—it wm no use for her mother and
either ho Oahe en so about it, she alone would suffer, and she
wee std would get over it."—Mr. Justice Coleridge,
after sone inquiries, for the purpose of ascer-
taining er the prisoner was sane, which did not meet
with any answer that showed a reason for doubting her
sanity, deferred the sentence.

WESTERN ClRClllT.—Doscnawns, Maxon 13.
CIOWX lover.—Before Mr. Jambe Williams.
Rtou-auarimo.—Robert Yearley, aged 20, was indicted
for maliciously setting fire to a wheat-rick, the property of
James Waters, at Cerfe Castle. The prosecutor was a
termer at Corte Castle, and the prisoner a labouring man,
living in an almahouse within a short distance of the farm.
On the night of the 7th September, at 9 o'clock, a stack of
wheat on Mr. Waters's premises wu discovered to be on
fire, and several persons, who were induced to go to the spot
for the purpose of rendering assistance, met the prisoner rim-
ming away from the field where the rick stood. One of
theme whams' proved that upon asking the prisoner whe-
ther ha bad been to the fire, he answered, " Yee, I was
dm Int &so" Another witness stated that heobservedto the
efirthat the fire was a very shocking thing, and
egMeil. " Let it burn I" It was also proved, that about
OM an Oar Ohre the tire the Owner (who was not quite
abut et tha One) "salami a be: of ludferoatehes ; and,
in addition to this Set, widows was given of a conversation
bstwela the mirror end a eampsnion named Talbot, in
'Mak the former threatened to set fire to Mr. Waten's rick,
and said that if he (Talbot) OW& " split " he would " serve
Nut oat." Another eiromelose Wasting the prisoner was
that, previous to the fire,be big plaid to a rick belonging
to a neighbour of the premolar, and had said, addressing
himself to a servant of **owner, If I were in your place,
I would set fire to that." Verdict, Guilty. Sentence, fifteen
years' transportation.

NORTHERN CIRO:HT.—Tom, Nelsen 13.
Before Mr. Baron

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Joh n Moon, aged 23, charged with having, on the
25th of December last, at Dewsbury, feloniously cut and
wounded Robert Newsome, with intent to murder him.
The prosecutor is a labouring man, and, on the day in ques-
tion, being Christmas-clay, he was at a publics-house celled
the Crown and Cushion, where he met with the prisoner
and some other parties. The game of puff and dart was
being played, when the prisoner sent the dart into the face
of a man named Antey. This produced a uarrel and some
blows, and ultimately the prisoner was ejected from the
house. The prosecutor and some others of the party left at
a subsequent period, when they observed the prisoner stand-
ing in the street. He came up to them, having a large
clasp-knife in his hand, which he swung at arm's-length,
and struck at the prosecutor, inflicting two wounds in his
thigh. Another of the party, named Blackburn, went to the
rescue of Newsome, and he also was struck in the bask by
the prisoner ; fortunately, however, the wound ern a.ly
superficial. The prisoner made his escape, but was loge-
heeded the same night, and a knife was found in his past
stained with blood. For the defence it was contended that
the prisoner had been very foully attacked, and that be teed
the knife in his own defence. Verdict, Guilty. Iliegisses
deferred.