The Express.
London, England, 1853-07-26 00:00:00

ILO) intellictatm

HOUSE OF LORDS.—YESTLEDAY.
Coanstrms or PIUTILYOtII.

TIM DVILSDOK 01 MI

In this ease, which has been several days before the
house, the whole day was occupied in giving documentary
evidence in support of the claim.

EQUITY COURTS.—YEtnaItDAT.
BSIOIt Inc MARA or TIM Roua.
YORK AND NORTH MIDLAND RAILWAY O. GEORGE
Humors, M.P.
His Honour gave judgment on the reserved point in this
come, as 41 whet:see the defendant should be decreed to pay
interest or 9,0001. which be had received for iron more
than Le had paid, and which he retained in his hands from
IBM to 1849. His Honour said he was of opinion that
plaintiffs might have required interest at the rate of 5 per
ccut. from the defendant, but as they received his the .fie
in 1549 without demanding interest, he must outdo it as
a settled account ; and therefore, so far as respected this
demand, the bill gust be dismissed. He had already stated
that he should reserve the costs till after the inquiries were
made.

ALLSOCE AND 01/11113 T. FIWIER. AND ANOTIIER.—
IMPORTANT DECISION.—TDE E•kr INDIA PALE ALI
lA/UNCTION CONTINUED.
Mr. Lloyd, Q.C., and Mr. Fisher moved, on the part of
the defendant Fraser, who carries on the business of a
porter and ale merchant in Thamerstreet, under the firm
of "J. 11. Fraser and C 0.," to dissolve an injunction
granted by his Honour in June last, restraining the de-
fendant from selling a spurious article u Allsopp's cele-
beat oi pale ale. He submitted as the continuance of the
injunction was injurious to the defendant's character, and
es the defendant had no guilty knowledge that the ale was
sold as Allspop's,the injunction should, as regarded him, be
dissolved.
Mr. Fisher followed on the same side.
His Honour, without hearing Mr. R. Palmer and Mr.
Gifford, instructed by Mese». Amory, Travers, and Smith,
who appeared on the other side, said he had seldom met
with a case which had given him less embarrasement than
he had in refusing this application. The faits it the case
as admitted by Fraser himself were, that he keel in his cel-
lar a large quantity of damaged ale, which was Prestonpane
ale. He was at • loss to understand for what boner purpose
soy sale whatever for the purposes of consumption of this
ale was to be allowed. The price of it was 3a. a dozen the
quart bottle, bottles included. In the absence of evidence,
he did not believe that large dealers in ale in this metropolis
would allow ale of this description to be sold on their pre-
mises. It was admitted that Coombe' bought this ale of
Fraser, and that Coombe' did not buy it for any honest pur-
pose appeared by his own affidavit. According to Coombes's
own statement, it was bought for the purpose of being sold
at fairs and races. It was true he did not say that in all
cases it was labelled as Allsopo's pale ale. His brother took
some of it to sell at one race, and a friend took another
portion, and brought it back with "Allsopp's pale ale"
upon it, on which he made no remark at all. If the court
could protect the public against conduct of this description,
the court would be willing enough to grant an injunction
against any such ale being sold to the public : but the court
bed no power, unless it interfered with the rights of indivi-
duals. When Mr. King suggested that Coumbes should
procure for him 200 dozen of this damaged ale, they went to
Mr. Fraser's cellar for the purpose of testing it, Mr. Fraser
bringing the sample bottle. Mr. Fraser says he went away,
and that he knew nothing about it. He knew, however, that
King came there for the purpose of making some arrange-
ment for the purchase of the ale, and he, Fraser, agreed to sell
Coombe' 188 dozen at 3s. a dizen. Coombes had no license,
and Fraser allowed a person of this description, according
to his own statement, to sell ale upon his premises. He went
into the cellar while the ale was being bottled. He says he
did net see the labels, and that he did not read them,
though they were manifest enough, and there must have
been bottles standing about. The invoice was made out as
fur ale sold by him, and was delivered to the purchaser in
cis presence. He said ho did not know the contents of the
invoices and that they were improperly made out. The
cheque was given to him, and crossed with his banker's
name, and he paid himself out of it the 3a. a dozen which
he charged to Coombs*, and handed the difference to
Coombe'. Upon that state of facts he same here and
asked to dissolve this injunction. It appeared to him that
he (Fraser) having given every facility to Coombe* to
carry out this pmemding, that he could not dissolve the
injunction, and the motion must therefore be refused, with
costs.
Motion refused with costs accordingly.

INSOLVENT DEBTORS' COURT.-YEBTERDAT.

Earns Ma. Cmansinostra LAw.
IN RI EDMUND BUTLER ORELVEI.

This insolvent, an omnibus proprietor on the Uxbridge-
road, appeared for judgment. The case wu heard a few
days back, when the complaint was that the insolvent, who
had been an omnibus proprietor on the Hammersmith-road,
bad improperly incurred a debt with Mr. Devil, the op-
posing creditor, a corn chandler, and that his brother,
Horatio Greaves, had possession of his property, under a
security lie had given him for money advanced.
Mr. Commissioner Law now gave judgment, and adverted
to the many falsehoods the insolvent had told the opposing
creditor. After commenting in a strong manner on his
conduct he adjudged him to six months' imprisonment at
the suit of the creditors generally, and for nme months' at
the suit of Mr. Duvall, for contracting his debt without
reasonable or probable expectations of payment.