The Express.
London, England, 1848-07-28 00:00:00

ASSIZE INTELLIGENCE.

HOME ClRCUlT.—Mainerrown, ITTLT 20.
The cum:lli...inn for the enui.ty of Kent was opened on
Tuesday by the L rd Chief Baron. There are 28 causes for
trial, and 75 prisoners; but none of the charges agiiinst
them appear to be of a very serous character.
Before the Lord Chief Baron.
STEDIIING e. COVLE.—TUNE TUANNACTIONF.—This wan
an action to rec .ver a sum of 7001., the balance due upon a
promimory note for , made by the tielcn.iatit, who
pleaded teat the whole amount had la en paid. The parties
in this action are will known upon the turf, and there hod
been a good many money transactions between them. In
1845 the defendant held three bills or promissory mites
I amounting altogether to more than twelve hui.elred pounds
and be placed them in the hands of the plaintiff, who
gave him consideration for them to their toll amount.
When those bills became due the plaintiff was unable to get
them paid, some of tt.e parties being out of the way, and
others not being in a condition to pay, and at length the de-
fendant consented to give his ono promissory nose, payable
on demand, for the full amount of the three hills, the
understanding being bttween the parties that the three
original bills should ho retail, d by the maintiff's solicitor as
collateral security, and that the defendant should pay off his
own promissory note by instaiments to suit hi• convenience.
Accordingly it appeared that about 570/. had been paid off
by different sums, at interv.ils, but at length the defunlaie
declined to pay any more money, and he now set up as a de-
fence to this action that he had paid the whole amount of the
bill.—The bill has ing been put in, together with the admission
of the defendant that it was his handwriting, Mr Chambers
addressed the jury for the defendant, and called a witness
mimed Sibree, who swore vsitively that he was pres ant in a
room at an inn in Doncaster, where he saw the plaintiff aed
the defendant, and the latter, in answer to a question from
Mr. Stehbirg, said he had won 3001., and then the sul 'lett
of the 1,2001. bill was introduced, and he was asked to cal:ln--
late the amount of interest that was due upon it, and he sal
that when be had done so, a balance was struck, and the
whole amount that was due was paid by the defendant in
notes and gold, and he said also that the plaintiff promised
to give Coyle the 1,2001. bill the next day.—Upon being
cress-examined, this witness said that he bad been in
business at a wine merchant, and became a bankrupt,
and was charged with concealing his property, end
was imprisoned for 18 months for defrauding his cre-
ditors.—To rebut the testimony of this witness, Serjeant
Shee caned Mr. Roberts, the attorney for the plaintiff, and be
stated that he was present when the arrangement was made
with regard to the delivery of the promissory note in question
for the three bills that were in the plaintiffs possession, and
he also proved the payment of the different sums by the de-
fendant, to reduce the amoutzt, down to the 26th May, 1847.
He likewise stated that after tit: time mentioeed by the wit
nese Sibree, when the balance was slleged to have been paid,
he saw the defendant upon the rohj• et of the balance due
upon the bill, and told him that if he did not make some
arrangement to pay the amount, the plaintiff would sue
him and recover it, upon which he said he did not care if he
dials for if he wee oiled, he owed eighteen handrei