The Express.
London, England, 1848-07-10 00:00:00

THE EXPRESS, MONDAY EVENING, JULY 10, 1848.
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urrreznere.—Mr. Watson, Q.C., and Mr. H. Hill appeared
for the plaintiffs, end Mr. Serjeant
She. and Mr. Lush tor
the defendant.—lt appeared that plaintiffi were sta
tioners sod printers carrying on their business at Eastchesp,
and the defendant is an extensive builder at Horton, who
recently succeeded Mr. Hughes as alderman of the Breed-
street ward. This action was brought against the defendant,
as one of the provisional committee of a company which had
been started for the formation of a railwiy from Reading to
Reigate, to be called the Reading and Reigate Atmospheric
Reilway Company, to recover 1501., the amount of the plain-
tiffs' bill for verbena articles supplied by them to the company.
The defendant had been appointed' member of the managing
committee on the 19th September, 1841, and had frequently
acted upon the committee. It was proved that he had
written the words Uood—W Sham ILawrence," opposite
the names of certain persons whit had applied for shares,
and done other meta in virtue of his office. It further
appeared that the defendant had seen the plaintiffs' bill, and
inquired whet his proportion would be, as he was ready to
give a cheque for his share.—For the defence it was con-
tended, that there was nothing to show that the goods
were supplied on the credit of the defendant, or that
the pbuotiffs knew that he was on the managing
committee; and that his merely being on the provisional
committee would not render him liable.—Lord Denman said
that whether a provisional or managing committee man, the
defendant bad evidently taken an active part in the concerns of
the company, and had offered to pay his share of the plaintiffs'
demand. It we' astonishing. under such circumstances,
that a jury should be asked whether there was a doubt of his
liability. The jury at once found for the plaintiffs for
108!. as. 61., being the amount due to the plaintiffs from
the 19th Sept., 1845, as agreed on by counsel, Lord Denman
ictimatina that he considered the defendant liable fur the
whole amount of the plaintiff.' demand.

COURT OF COMMON PLEAS.
Nast Penis.—Before Mr. Justice Williams and a special Jury.
DAVIDSON IL DOHN.—INVASION OPCOPYRIONT.—In this
case the plaintiff brought an action to recover damages from
the defendant, on the ground that the latter invaded his right
as the representative of W. Cumherland, to the copyright of
three songs, entitled " The Drinking Song " in Der
Freischutx," " Rome, sweet home," and " Said a smile
to a tear," by printing copies of these songs in music, and
owing them for sale, and also by se
nted.—The defendant
pleaded not guilty as far as invasion went ; and secondly,
that there was no evidence to 'how that the pie ntiff haul
any reasonable grounds of complaint. It was proved that
Mi sirs. Kenny, Payne, and Soane were the authors of the
songs in question, and that they fur a certain consideration
sold their inter, st in the copyright to Mr. Cumberland, the
publisher of " Cumberland's British Drama ;" mid it
was contended for the defendant that he purchased
the songs with the melody attached from Mears. Goulding
and D'Almaine, and • deed was put in to show that they
had a right to sell the melodies, inasmuch as the composers,
Sir U. Bishop and Mr. Braham, who appeared as witnesses,
granted the copyright in them to Mears. Goulding and
D'Almaine. Air. Serjeant Channell appeared for
the plaintiff, end •
Mr. Serjeant Talfourd for the
defandant.—Mr. Justice Williams, in summing up,
laid
ant
co th
uld at as there was no evidence ti prove
so that the de-
end possibly have known that the songs were im-
properly printed when he sold them the jury must find a
general verdict for his, and that they would be only called'
upon to decide one question which arose in the case. The
plaintiff said that he was entitled to the right to print the words
of each song together with the melodies, and the defendant
contended that no such right belonged to him, and for this
reason that although the general right to these
songs and the publicati in of them may belong
to the original writers of them, and to those to whom
they assigned that right, yet that looking at the purpose for
which they were written, the right to publish them together
with the music did not belong to the plaintiff. The ques-
tion then for them to determine was, whether Messrs.
Kenny, Payne, and Soane, when they furnished the words
for the melodies, did so on the implied understanding that
those who had the copyright of the melodies had a concur•
rent right to publish the words with them.—The jury having
retired for some time returned a verdict tor the plaintid gene-
rally, but as regarded the right to the publication of the
words of the wigs that right was vested in Messrs. Kenny
and Payne, who were the authors, but net Mr. Solute, who
was paid a salary by the manager for writing the libretto in
" Der Freischun."

COURT OF BANKRUPTCY.
Before Mr. Commßeimer Ustalbum
CASE or RECKLESS TRAPINE.—Chaplin and Chaplin,
tanners, of Bishop's Stortford, applied for their certificates
Mr. Lavergne., supported the application, which was opposed
by Mr. Blaekmore, one of the assignees, in i.erson, on the
ground of reckless trading and improvident expenditure.
Their belancesheet extended over a period of three years
and nine moi.ths. They represecied themselves to have
commenced business with • capital of 4,0001. ; they had
made a loss of 19,2781. ; had incurred debts sad liabilities
amounting to 57,9361, of which 44,8091. was secured by pro-
perty estimated to produce 16.7081. ; and showed • profit
of only 4241. The assets, in debts and property, wt re esti-
mated to produce 7,0531. ; their expense* had been
2,8021. 10s., exclusive of a sum of 6,7241. for interest;
Frederick Chaplin had drawn out 2.9241., and William Henry
Chaplin 2,8021. The bankrupts wets also charged with in-
ducing a m n named Pinder, likewise a bankrupt, to accept I
bills for them amounting to 5.0001., at • time when they were
hopelessly insolvent, and knew Tinder to be so. Oeting to
no professional man appearing for the opposition, the pro.
ceedii.g was very irregularly c4nducted, so much so u to
call forth repeated complaint from the commissi..ner—After
hearing Mr. Lawrence for the hanktupts, his Honour mid
he should reserve his decision till he had bad an opportunity
of going tat...folly through all the figures at leisure.