The Express.
London, England, 1862-11-04 00:00:00

COURT OF COMMON PLEAS.

(Sittings in Banco. Before Lord Chief Justin. Erie and
Justices Williams, Flyless, and Keating.

In this ease a motion wee made by Mr. Kemple', yester-
day, the question raised being whether an affidavit of the
execution of a bill of sale was inval.d, in consequence of
being iutitulcd in the Court of Queen's Bench, but being
sworn before a commissioner for taking affidxv:te in the

Exchequer.
The eon' t this morning granted a rule, in order that the
point might be discuaaed.

V. MI LLSEL -SUIGU LAR ACTION OF ASSAULT.,

The plaintiff in this came claimed damages for au assault;
and at the trial before the Lord Chief Juscice Erie, at
Guildhall, a verdict was found for the plaintiff for 201.,
subject to the opinion of the court upon • question of law.
Mr. Morin now moved for • rule for • nonsuit, and stated
that the action arose out of the following circumstances.
The plaintiff was clerk to Mr. Thirdraan, of Sunderland,
audits that capacity he presented • cheque for 1511. 10s. 6d.
at Messrs. Wools, the bankers, for payment. The account
of the drawers of the cheque Ines at this time considerably
overdrawn, but the clerk at the bank who took
the cheque had just returned after his holiday, and was not
acquainted with this circumstance. He therefore counted
out the money upon the counter; but having done so, he
went to another clerk in the bank to inquire the state of
the account, and immediately retained and said that the
account wee overdrawn, and he could not pay the cheque.
The plaintiff was at this moment counting the money,
se he said, for the second time, and upon hearing what was
said he at once put the money into his pocket. Some dis-
cussion took place, and the plaintiff refusing to give up the
money it was ultimately taken from him by force,
and this was the assault comp'iined of. The question
at the trial was whether the money did or not
at this time belong to the bank ; and upon ibis
it was now submitted that the bank bad not
intended to put with it, and that the plaintiff
had not accepted it, inasmuch as he was sti'l counting it.
It was farther submitted that even if • payment had been
made it was made in mistake, and therefore the bank yrs
entitled to have the money back again.
Mr. Justice Byles—A payment made under a mistake
would notauthorise anybody to pick the plaintiff's pocket.
Rule granted.
emcc AND ANOTNEIS O. YONU AND AN4TUILI. —LAD

STOWAGE.

COURT OF BANKRUPTCY.
(Before Mr. Commisdoodr Goulburc.)
IS RI OSOWE 87117.

The bankrupt, described as d 334, Strand, and of Beulah
Spa Villas, Norwood, was late proprietor of the Morhiv
Chronicle, London Journal, sad other publications. The
bankruptcy occurred in March hat, and there hare been
repeated adjoummenta. This was an adjourned examina-
tion sitting. The balsiscesbee, prepared by Mr. Joseph
Hart, accountant, under the direction of the court, contains
the following items :

Ca,
To creditors unsecured
To machine hands
To reporters, &c 320 lu 0
To creditors holding security il,rdl 2 10
To liabillttes on bills discounted
To creditors to be paid in full

L 38,330 14 7

DIE
By debtors above 10L, good
By doubtful g 2,689 4 6 649 16 1
By bad
By debtors under 10L, good 2OB I 9702 le 1
By doübtful
By bad

Lem doubtful..

A 4,933 9
848 100
4

£1,356 10 0

Property Oren up to ameignee, e 9,2.53 6 3
Property hi the hands of creditor@
Liabilities per contra

£2,170 • 6
Balance, being datlelencg

£l/8,130 14 7

Mr. Linklater appeared for the assignees ; Mr. Macrae,
Mr. Brough, Mr. Lawrence, and Mr. C. E. Lewis repre-
sented different parties in the case.

Mr. Lawrence referred to the circumstances of the sale
of the London Journal, and said that they must necessarily
be the subject of investigation there or elsewhere. On be.
half of the creditors he represented he did not require an
adjournment of the examination.
Mr. C. E. Lewis, for the bankrupt, stated that all the
required accortata had been filed before the 20th of August ;
bat it then appeared that some items had been carried to the
bankrupt's personal account instead of that of the Morning
Chronicle. This had been corrected„and he now asked that
the bankrupt should pass.
Mr. Linklater said the assignees bad undertaken their
duties with the determination of fully investigating the
bankrupt's affairs. He had become bankrupt is March,
and his accounts bad only been filed in Auguat. Of this the
assignees did not complain, the accounts being extremely
complicated; but they were not satisfactory. He repro.
tented that be had a capital of 240004 in July, 1t59,
assuming the Weekly Times to be of the value of 16,000 f.
He nett profit had been 1,800/, a year ; so that, at three
years' purchase, the bankrupt's own estimate, it was only
worth 5,4004 The fact was that, estimating his property
fairly, in July, 1859, he was utterly insolvent.
Bankrupt—That is false.