The Express.
London, England, 1851-12-18 00:00:00

}Fluff VICZ-NANCLI.IDS Mt F. KnltwasucT.

IN RE TILE WOLVERR %METON,_. CRE,TER, AND Big.
KEN II EA J NCTION ILWAY COMPANY.-CALL VERN
CONTRIBUTORIE.4.

Mr. Roxburgh appeared to oppose four motions on behalf
of contributories in the thieve company. Tilts- p-ntlenten
were Messrs. Head, Challoner, Dugdale, and Kidd:tn. The
learned counsel stated that these motions were precisely
similar to that of Mr. Dale, reported in the Doily Sews
of yesterday—the object being to discharge an ord r made
be the Master for a call, such order being founded upon the
Anttcr's report, stating the debts and liabilities of tho
company. As no counsel appeared in support of these mo-
tions, he submitted that they must follow the same fate as
the motion of Mr. Dale, and must be dismissed, on the
ground that the order for a call could not be discharged
until the Master's report, which contained the grounds for
making the cull, should first have been reversed.
The Vice-Chancellor said under these circumstances the
motions must be refused with costs.

COURT OF QUEEN'S BENCIL-YESTERDAY.
elarrioa AT New I•ama AT GUILDHALL—HUI/FM Loan Grrustt

ANY COMMON
BAKER V. GM:GOWN-Tu. MIMI X ELECTIOV.

This was an action to recover the fum of ifil. and
111. Ils., the amount of fees paid to counsel by the plaintiff
on behalf of the defendant.

It appeared that the plaintiff was a parliamentary agent
in Spring-gardens, London' and the defendant a gentleman
of fortune residing in Dublin. The plaintiff' sourlit to re-
cover certain sums which he had mid to Mr. Serjeant
Wrangham and Mr. Serjcaut Murphy, under the following
circumstances: In Augnst, 1817, an election tolls place fur
representatives in parliament far the City of Dublin, on
which occasion there were three candidates, Mr. Grogan
and Mr. Gregory in the conservative interest, and Mr. Rey-
nolds in the literal interest. Mr. Grogan and Mr. Reynolds
were elected, upon which a petition was presented against
the return of Mr. Reynolds by four of the electors, and
also a petition by that gentleman itgainst the return of Mr.
Grogan. The plaintiff' was the parliamentary agent em-
Pinged in London. A subscription, amounting to .1,311t1L,
was entered into to defray the expenses of the petition, of
which sum Mr. Gregory contributed upwards of 1,000/. The
committee sat 91 days. At a meeting of the petitioners in
the previous Septeinlier, it was resolved to retain Mr. Austin
and Mr. Serjeant Wrangham ; but the defendant after-
wards wished Mr. Serjeant Murphy to lie retained, he
being an intimate friend, and having (ns one of the wit-
nesses stated) very little respect for Mr. Reynolds. Mr.
Serjeant Wrangham and Mr. Austin did not appear, and
the only counsel who actually attended were Mr. Serjeant
Murphy (who appeared only for the first week), Mr. Nor-
ton, and Mr. Patrick Murphy. It was arranged that the
plaintiff should receive 300/, for his professional services,
which sum, however, was not to include any money
which he might payout of pocket. When the committee
had sat a short time, Mr. Serjeant Murphy insisted upon
the payment of his fees, amounting to about 2171 Appli-
cation was made to Mr. Gregory, who was then in Lon-
don, and he gave fio/. towards the amount. The plaintiff
had also 751. in hand, and made up the entire sum by an
uddition out of his own pocket of 921., part of the amount
now sought to be recovered. The election fund being in-
sufficient, Mr. Johnstone, the agent in Dublin, who had
the management of that fund, wrote to Mr. Snjeant Mur-
phy from the plaintiff's office, and with his know-
ledge, stating that in consequence of the low con-
dition of the fund they were obliged to dispense
with his further services. It appeared that a let.
ter had been written by Mr. Gregory to the plaintiff on
the 9th of March, 1848, in consequence of the illness of
Mr. Johnstone, in Dublin, requesting him to get the lists
prepared and ready for exchange, and that he, Mr. Gregory,
would take upon himself the responsibility of that portion
of the outlay. In addition to the 92/., the plaintiff hod
paid Mr. Scrjeant Wrangham's clerk 111. Ds. fur consulta-
tion fees.

Mr. James, for the defendant, said that his client had,
from the outset, refused to bear any personal liability, and
had contributed nearly 1,2001. towards the election fund.
It was well understood that Mr. Serjeant Wrangliam was
to be paid out of the common fund, and when he returned
his brief, Mr. Serjeant Murphy took his place as leader, and
it was known by all parties that his fees were to be paid
from the same source. The learned serjcant had been re-
tained for Mr. Grogan, and not specially for the defendant.
The plaintiff had received the full amount of 300/. for which
he had undertaken to give his professional services, and it
was beyond all doubt that he mould alone look to the fund
for the payment of any sum which he had advanced out of
pocket.
Lord Campbell having summed up, the jury retired, and,
after a short absence, returned with a verdict fur the plain-
tiff for the full amount claimed.

COURT OF COMMON PLEAS.—YESTERDAY.
81170011 A? Nl/11. Puce IN LOMllolf.—Bkrolua CIIII7 ANTICS

JEkVII ♦ND ♦ COMMON JUST.
BALCH V. THE REV. WILLIAM WM/LIN/MM.-Amyx

UPON A MOP:WAGS DEED.—PLEA OP FRAUD **
This was an action of covenant on a deed of the 20th of
January, 1837, by which certain policies of insurance, and
the reversionary interest under the will of a Mr. Pitts
Dapper, were assigned to the plaintiff for the consideration
of 6001., and the defendant covenanted to pay the sum of
6001. and interest, and the premiums on the policies of in-
surance. The defendant pleaded that the deed had been
obtained by fraud and misrepresentation. It appeared that
the plaintiff is an attorney, at Bruton, in Somersetahire, and
the defendant is a beneficed clergymen, at Ilamildon, in
Surrey, and formerly resided and took pupils at Clevedon,
near Bristol. Ile married, in 1836, a Miss Clapper, who had
two maiden sisters, and a brother Charles, who carried on
the trade of a currier, and was on intimate terms with tho
plaintiff. Charles Clapper had with his sisters a reversionary
interest under the will of his uncle, Mr. Pitts Capper, and
was in tech difficulties that in 1831 his new unmarried
sisters lent him nearly their whole fortune, via., 2,0001., on
having an assignment of his stock-in-trade, furniture, and
policies of insurance ; and he also obtained an advance of
1,6001. from the trustees of his marriage settlement. In 1836
a mutual friend of the plaintiff and Charles Clapper, named
Francis, who was clerk at;the National Provincial Bank at
Castle Carey, and fur whom they had become responsible,
ran away, and left them to pay his debts. The defendant
was applied to by his brother-in-law for assistance, and
signed a note for 2001., and he also asked the plaintiff, who
was then defending actions for him, to get him out of his
difficulties. The plaintiff inquired what he bail to raise
money upon ? on which Dapper produced his uncle's will,
and the plaintiff proposed that the sisters should join in a
security for raising 6001. Some correspondence took place
between the plaintiff and the defendant on the subject of a
proposed loan by the plaintiff, and on the 22nd of December
the plaintiff and Mr. Dapper went over to the defendant's
'residence at Clevedon, when some conversation took place,
in the presence of his wife and sister-in-law, on the subject of
the proposed loan. When the defendant asked his brother-
in-law what profit he made in his trade, he answered,
" From 15 to 20 per cent.," and the plaintiff interposed
and said it was hardly fair to ask that, for, if Dapper broke,
there was not one of his friends who would not assist hint,
and he himself would lend him 1001. Neat morning Mrs.
Wilkinson said, what was the useof lending more money,
what had become of the 2,0001. of her sisters' money, which
already lent? and added, when her hutessutd married
her
r hedid-not marry her brother. The plaintiff observed, if
ho advanced the 6001. it would save Dapper, and that all
would be right, and the amount would be put into the busi-
ness. The defendant said, as the other part y, in tl mil ,
the Messrs. Glossop, were to be consul
should draw np the terms on paper. A . a.
I accordingly made, proposing that the d • • ~* :we
ca,
•

Misses Mapper should covenant to keep on foot the two
poiire s by the payment of esse.third of the premiums and
fk -fk dl r. livery Glossiii another third, and
31r, I..rancis G vault. the finishing third. the prim
enial to be paid to like proportions in case the
j4diey should be suffered to espirv. The Mess:s.
Glossop refused to agree to the terms, and the deed which
is the subject of this action 0,1 consequently pr. pared by
the plaintiff, and est cutest by Mr. Wilkinson add his sister+,
according to their ryidence, without having previously
beard it read over. The plaintiff paid off the 200/. on the
noe on whih Mr. Wilkinson was liable, 1001. on which he
hi tmself was liable for Mr. (upper, some money ear Which
the sisters were liable, and gave one or two sums of 30/. to
Mr. (I.ipper, retaining the fcridoe of 40/. for low expenses,
Mr. (Sapper afterwards hseame lisinkrupt for nearly 6,000 ~
of which 3,8001. were debts due to his relations, and his
estate paid a dividend of 40. in the pound, the defendant
hosing been appointed assignee at the plaintiff's instance.
The later brought hie action on this deed against the de-
fendant in 1813, but disesotinued it at that time,"as he fee-
aid. red the delcolant was in too poor cireurnstauces to
nsa.se it worth his while to follow the matter further. As
no payment... of wet:Mums or it.terest had ever been made,
thel p
iflaintiff now sought to recover the suns of 1,2321. on.
e Chief Justice summed up, and directed the jury that
ifthc deed was improperly altered from the original instruc-
tions, it was a fraud; or if the plaintiff falsely represented
that the sisters' 2,000/. was in the business ; or if he falsely
stated the purpre, to which the money was to be applied,
and thus induced the parties to esiteute the deed, it was a

fraud.
The jury, after a short consultation in the boa, returned
a verdict for the del: Mont.
The case occupied the court from half-past 9in the morn-
ing till half-past 6at night.
Ibe court at its rising adjourned until Tuesday neat.

COUIIT OF BANKRUPTCY.—YEsTERDAY.
leas Va. C.ASIMMIOs. a E,WISANQ,I6
RE STRANGE.—Ttit ROYAL ErCitllGll.
This was the certificate meeting in the ease of W. Strange,
amt., bookseller, Patenioster-row. Ili, debts were 1,5741..
about. two thirds of which sum consisted of law costs and
unpaid railway calls; the aunts were inconsiderable.
Mr. ShlArtl, fur the assignees, offered no opposition.
Mr. Link later suit ho appeared in support of the bank-
rupt's application; and his hunout would probably bear in
mind what named at the last examination ; the bankrupt
might be suntewhat prejudiced were he not to endeavour
to t tplaio those cireunotnnees. The meeting for the
last examination of the bankrupt was tired for the
21st of February last, and be was then opposed by
two ur three creditors. Ile had been required to explain
how he had disposed of between 701.11. and 8001. which he
had me, iced from his son for the sale of his business in
Paternoster-row; and in consequence of the proceedings
against hint et the instance of Prince Albert he had been
udliged to go to France. Ile an unable at the moment to
answer the questions put to him, the opposition having
come spun him by surprise ; and it was singular that none
of the opposing creditors now made their appearance. Ilia
last examination hail beta adjourned with leave to come up
again at the end of six month., protection being granted
bun in the meantime. It slid not appiar why ars long an
adjournment hail lam ordered ; lot?, at the esnirati.n of
that tins... having given a aetismetory statement to the
ass.gn..e. a. to the way in which hr had disposed of the
710.11., he was allowed to [KVA on the 10th of September lat.
The gib Sr put to him at the former meeting had chit fly
ball reference to the mode in whirl it.. had carried
on business in the early part of his life,
. and bad
extended over a vital of twenty or thirty yeas.
Ile bad bran bankrupt in 11429; and in 183.1 and USW
took toe benefit of the Insolvemt Act. This was only illtr
portant as showing that he ientlit to have exercised greater
raution in his subsequent trading; and this was riptide of
proof from the balance-sheet. It commented on the lot of
January, 1817, with a capital of 1,393 t , and from that
time to August, 18In, his trade as too. seller had been suc-
osafid. Ile then had the misfortune to become acquainted
with Mr. Judge, who employed lion to publish a catalogue
of certain royal etchings, which Judge had iu his pusses-
lion. That was in October, 1818 and the publication was
not to take place till the consent of her M nesty had been
obtained. One of the catalogues was sent for this purpose
to her Majesty at Windsor ; this INVMeiI to have given—he
knew not Irby it shall—very great Wien., • and, daring
the Imuktrapt's absence in Yorkshire, his an ;hen attending
to his haloes..., Mr. White, the private /solicitor of Prince
Albert, call d at the shop to see if lie could purchase one of
the catalogue.; but no sale of them had been permitted to
be amok until her Majesty's consent should be ob-
tained. It was on the 17th of October that Mr.
White called ; eta the 18th no communication was mole
from him, but tin the 20th an information was filed, mid a
bill, and it was supported by affidavits, one being that of
Prince Albert himself. The bankrupt came up to London
immediately; buten injunction bad been obtained before he
nrove.l. Ile was obliged to seek to dissolve that injunction.
and made application to the court for the purpose. The
question wa. one of great nicety, and occupied a good deal
of the attention of the court. 'lke question was, whether
Mr. Strange cook! be prevented front making use of the
busowledge lie had obtained by iapecting the etekings, and
forming a catalogue therefrom; but the Vice-Chaueelior
Was of opinion that a the etchings hail been improperly
obtained by Judge, who had some literary connexion with
some of the local paper. at Windsor, and bad obtained
ropies of some of the etchings from a printer there, the in-
jenetion oeght to be confirmed. Mr. Strange was the ob-
ject of four suits and four (Thlllll3l informations. The
power of the individual as against the crown was nothing ;
but sr confident was Mr. Straisge's solicitor in the suckers
of his ease that he did nut ask fur any costa in
the progrea of the .ease. Thaw coats now amuuntrd
to nearly 8001., and there were HO/. costs in-
curred to an action brought against the bankrupt
by a railway company to enforce payment:of calls. The
question WAS whether the bankrupt had been justified in
incurring these costs. It was admitted on the hearing by
the f4slicitor.6..ucral that Strange might Mire been deceived
by Judge ; and the Vies Chancellor, alter commenting with
great severity on the conduct of Judge, by implication ac-
quitted Strange of anything sroug. There was an appeal
to the Lord Chance Iler,whith was supported by three eminent
counsel, and the bankrupt could not be blamed fur defend-
ing himself from what he considered as au aggression, for
he had no intention of publishing thew catalogues but with
the consent of the tastes and Prince Albert. Theo, while
ha WAS 2 st) glib:. from home, he was suddenly made a party
to the suit.
Tie scam...inner—Was be in a position to indulge in the
Wavy of litigation br the purpose of asserting au abstract
✓ight at an eapense of resit ?
-Mr. Lisklater—lt was ad a mere question of abstract

riaht.
TES Co.miooione►—But as • ratvstiost of profit and loss,
mist prAt dict he expsct to maim which, wider 1:14 Ur-
curastagmes, would justify him ao incurring wu captust of
torig

Mr Linklater said tt.vrt way no ilou)st that very con-
aidatab:s prom would 1...vt !MAR derived from this source.
Mashers with do. h crop of ren,ratson very limb upon
them. would ass, tu• n happy to love possession of any
M. 0./ v etvd et a Irma price.
f ...sot to know why he did not in-
staritiy that eoasvot was not olu.sinsd, suspend the publics-
tors

Mr I.inklat.r—lt r
it.. I. ,mmu.iner—lbtu why uot bobmit to the injune-

ti6o •

lie. L,nklater eii,l that appeared to have been done. The
course he took was thi-. Ile said in effect, " I am quite
willing to forego the publication of this catalogue ; but you
have rude me • party to a suit and I must defend it, other-
vice I shill Au saddled with all the costs." The costa were
enormone, and he had been anxious to escape them. Her
Majesty's advisers said they did not wish;to visit him with
all these coats, but were quite Content to believe that he bad
fallen into an error, and hail been deceived by
Judge. The iujunetieu we., therefore, made perpetual;
but in the ease of Mr. Strange, cuts were not asked for.
Thu proved that Mr. Strange was not regarded as at
all culpable in the matter, or they would have pressed
fur oats against him also. Application was made for all
the catalogues to be given up, and Mr. Strange had cum-
plied with this as far as was in his power. This was in
January of the prcei at year. Ilad the advisers of Prince
Albert thought that the bankrupt was equally to blame
with Judge he would have been incarcerated as well as the
other defendant. None of the costs had been proved
against this estate. Except fur the law cues appearing in
the balance-sheet the debts would have been so much less,
as they Win still owing. But for these proceedings he
might have devoted much more attehtion to his business,
which might have been as successful u theretofore. He
had been obliged to leave the country ; and the consequence
was • falling off in his 'maims', and the expenditure had
exceeded the profits. He had then sold his business, and
the expenditure of the proceeds had been the subject of in-
quiry at the examination meetings. Lie had satisfied the
emigaires as that point, and had readered theta all the as-
sistance is his power, having been always at their call during
the last six months. la the suit referred to the bankrupt
had been struggling for hie own property and liberty, and
eight wet now to be visited on that account. The Epps-
mat precipitancy of the proceeding► in the tint instance
was natter of surprise; while the subsequent leniency
shows towards him was what every one would expect gad
applaud.
The CI

•Wlat has become of the property
ecarryed to his was ?
Mr. Lialdster—The sea was currying on the business
tram the time it was sowto him, anti ts so up to the pre-
sent tine, I I:4W/, There was so waggestion that the sale
was ether than • bona tide we.
The