The Express.
London, England, 1853-12-16 00:00:00

HAIRS •lID •NOTHIR N. NM

TRZY.-QUESTION OP PI

This was an action upon a 1411 of exchange for6Bl.
accepted in the name of Knsresborough and Co., and pay-
able three months after date.
Mr. Cooper and Mr. Brewer appeared for the plaintiffs ;
Mr. Montague Chambers, Q.C., and Mr. Lush for the de-
fendant Divett; and Mr. Suit. Byles and Mr. Cleaseby for
the defendant Knaresborough.
The bill was given for a cargo of pottery clay, bought of
the plaintiffs at Poole, and sent to Leedsin a vessel called
the Hand of Providence; and the defendants were sued as
partner. The defendant Divett swore that he wad not • part-
ner, and that all he bad to do with the clay was to sell it as
a comm. rcial traveller, and receive his commission upon it.
Knareaborougb, however, swore that there was a general
partnership between him and Divett; and be also swore
that Hawks said he would not look to him, but only to
Divett, for the bill. Besides fhis, there was the defence that
the clay did not answer sample, and that thereire there
was a failure in the consideration of the bill. Several wit-
nests gave evidence in support of this part of the ease.
The Jury found a verdict for the defendants.

COURT OF EXCHEQURLI--YESTERDAY.
awnless AT PM PAWS AT OVILDRALL.7III,OIM Ti{

PARKER AND UX V. BILITH.—PERAONAL INJURY.
Mr. Chambers and Mr. Prentice appeared for the plain-
tiffs, and Mr. flerjeaut Wilkins and Mr. Peres for the
defendant.
The plaintiff keeps a public-house called the Robin Hood,
in Church-lane, St. Giles's, and is also an undertaker. The
defeudant is • whitening manufacturer at Ueorge.street,
Lambeth. The action was brought to obtain compensation
' in damages for the injury which the plaintiff's wife had
sustained, in consequence of • collision on the way home
from Epsom on the 7th April last. It appeased that on the
day in question the plaintiff and some friends went to the
Epsom races in three carts. On their return, about half-
past four o'clock, all the parties being said to be sober, just
as the plaintiff and his friends had reached Merton, the
defendant, driving a vehicle drawn by a small poney, and
travelling at the rate of eight or nine miles an hoar, " cut
in between" the last and middle tart, the latter of which
was tipped over, and the plaintiff's wife, who was riding
in it, sustained very serious injury. She was confined for
a considerable time to her bed, and still suffered from the
effect of the accident.
The plaintiff stated that his wife was in the habit of at-
tending to the business of the public-house, which she had
managed before their marriage, and the loss of her services
wee of considerable consequence to Lim
It was attempted 'to ,be shown, for the defendant, that
the upset was caused by the careless driving of the plaintiff;
but the jury were of • different opinion, and found • vet.-
diet for the plaintiffs—damages 1001.

ADMIRALTY COURT.—Dec. 14.

MAIM DI. LCASIIIOTON.
TAX SRA IPAIII.-COLLISION.

The Hendrik". a barque of the burden of 678 tons, bound
from London to Port Philip with a cargo of general mer-
chandise, and the Sea Park, a vessel of the burden of 836
tone, proceeding from Ceylon to London, with a general
cargo, came into collision with each other off Dungenesa
about halt-last 12 o'clock, a.m., on the 13th of September
last. According to the statement of the Hendrik., the wind
at the time was variable from S. to S. by W., end she was
close hauled on the port tack. On descrying the Sea Park
distant two or three miles ahead and a little on her lee bow,
she exhibited a light, her course being W S.W. The Sea
Park was steering E N.E., and continued her course with-
out exhibiting any light until she was within a very short
distance, when she suddenly ported her helm and struck the
Hendrika stem on between the fore-chains and the mooring
pipe. en the starboard aide, doing her considerable damage.
The Sea Park, in her p:ea, alleged that when the accident
occurred the wind blowing from 8. by E., the weather
being rather dark and hazy. On descrying the Hendrik'
she instantly ported her helm end came up into the wind,
with her head to the 8.5. E., end her sails aback, but the
Hendrik', instead of porting her helm, as she ought to have
done, put it a starboard and ran into the Sea Park. It was
admitted that the Sea Park had the wind free. Cross ac-
tions were entered by the respective parties.
Dr. AcHams and Dr. Twise were heard for the Hendrik* ;
Dr. Haggard and Dr. Hayford for the Sea Park.
The Elder Brethren eunsidered that, under the circum-
Maness, de Sea Park was wrong in porting her helm ; that
the Hendrik' did not starboard her helm, and that conse-
quently the blame wu entirely attributable to the Sea
Park.
The court pronounced accordingly.

SHERIFFS COURT.-YESTEIDAT.
=IOM I. UVINIT, WI;Sy AND • IPICIAL mat.
HULLIN D. TATII.—PKINCH COLLZOIATII IDOCATION,

-- ---
The plaintiff in this action is M. Mullen, the principal of
the college at Boulogne. Thl defendant is a gentleman,
formerly residing at Westerham, Kent, and the claim made
was fur 151. Be., the balance of an account for board
and education, and *atria, on behalf of the son of the
defendant.
It appeared from the evidence that the defendant placed
his son under the tuition of the plaintiff, and paid down •
mum of 2.5/., which was equivalent to one year's charges,
and the only question was whether the defendant under-
took to pay fur extras, one of whisk charged was for a
twat in a pew in the protestant church. There were other
items charged for, and the supply was not disputed, and
defendant paid 41. into court and disputed the remainder.
The plaintiff was re-examined, and gave distinct evidence
that he gave the defendant clear information as to the terms
of the institution, and that he had made frequent demands
through his solicitors.
The defendant, in re-examination, declared positively
that he considered the sum paid was to be the consideration
for the education, without extras.
Mr. Hawkins argued that that was impossible, as the
defendant had not specified any period at which the pupil-
age was to Wend, and it therefore conid not be conceived
that the plaintiff could have intended to have kept the lad
for an indefinite period, and the defendant had withdrawn
hie son at once, without notice.
Toe jury gave a verdict for the sum claimed.

OOURT OF

r.•-YESTERDAT.

1111,0 IL NI. cOIINISSIONIE
1,1 RE STRETT.—THE ERA NEWSPAPER.
Thu war the eertificate meeting in the case of John
Strait described as a newspaper proprietor, pruner, sad
tacliaber, of Catherise Street, sad Buckingham-street,
bat who was by protasis* sa Money. The