The Express.
London, England, 1846-12-18 00:00:00

COURT OF COMMON PLEAS.—OrtunIALL.

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(Before Lord Chief Justice Wilde and • Special Jury.)
HACICBLOCK V. FOSTER AND OTHERS. Mr. Seejeant
Byles, Mr. Charnock, and Mr. Phin appeared for the plain-
tiff; Mr. Serjeant Wilkins and Mr. H. Hill, for the defend•
ants. This was an action of ossumpsif for not accepting 100
seconds dry Spanish hides. Plea, that the goods did not
answer the warranty. Evidence of the order in February,
1845, was given, and of the rejection, in consequence of
which the hides lay for sixteen months at a wharf, and then
were 301 d for it. sd. lees per hide than the price agreed on.
Seven witnesses averred that the goods fully answered the
warranty. On the other side a host of witnesses were called,
who substantially corroborated the judgment of each other,
that the hides were much worm-eaten, blistered, blond-
bound, having the grain destroyed, and so were quite
unsaleable.—The Lord Chief Justice summed up with great
care and discrimination, observing, that it lay with the
plaintiff to show that the goods answered the contract
description of them, i, e., seconds, as he understood, in the
leather market generally. He remarked that the defendants
were not shown to have any other motive in refusing them
than simply that they were not saleable; no fall had taken
place in the market to tempt them to repudiate the contract ;
and that it appeared the defend ,uts' conduct was wholly un-
impeachable throughout. Having dwelt upon the evidente
at considerable length, he left the case to the jury, who found
a verdict fur the defendants.

ni rum:lron:l, of Yoe night, tiering . been m enarge of the atierill tor Mitty-aix pone! naa pursues' was at au eeusuratue.—Mr. Verse said iiiiTaift-;;;;,rc, • --- ----
that date; and that construction cannot include w „ Jmnee outmeni afr,
•aittrralt .."17' be hl th lick tart of
say WWI which is not obviously within the purposes of the Justice Maeda, and the knights of the Shim :iummoned on the hours cossecuttrelr. that it had not bevn shown to his clients that they had done Liverpool, Pl•neheater, Iterreaelle Jr., I d.—New 'ryi .Ithirke"r:Elq of ll'uT,trt;A),U'ar."•ers 34.
act. I may say that., if a testator by his will, dated before Grand Amaze. llefore Mr. Justice Williams. wrong, and be considered their case to be a very bard one.— 1 WoMorli. lis—sarcaatarry. Hereford, i d.—Shiewidiury,• TATAll.—lhee". I, at Venice:We. W. C.
l rkar' Ittlntrah tee Callao' at oei
the act, had made a bequest to an absent child, who turned DAVIES V. LOWNDEs.—WEIT
it
the ancient YESTEIIDAT.-111r. Justice Cromwell having left York Mr. Salentine: Not at all ; and they will flnd themselves (722eirh, isnip.lne—D.N.s(.B)n.taffl
p.ordshire, p. ,
Int to be dead at the time, and the will provided that if such mode of proceeding has terminated with the press at ease ; a early this morning, by mail-train, Mr. Justice Williams took fortunate. if government does not prosecute them. I shall
w‘g, ands llublins; Hall or oomr,merce ; kleb,
child should die leaving issue, whoshould survive the testator, statute d in the 3 and 4 Wm. 111. having abolished his seat in the Crown Court. grant neither summons nor warrant, nor shall I make any MEETING THIS DAY. WALLACE —Dec. 7,•t Largo, alis.Wallare,•comiiLiu,iiii.v of tor Wain
I PV'fi:mlaterfi:4TlNSOVelf.—"d•PoviV:oicki;
thatthi bequest should still takeeffectin themannerprovided trials by 4' writ of right." Under certain exceptions, however, The same prisoners were arraigned for the murder of suggestion under the eireumstances.—Mr. Vessey : There are
by the act, I should have so difficulty in giving effect to the in the said att. the parties in this row were at liberty to pro- Catherine Rains, at Startforth.—M. r. Bliss, intimated that 1.50 emigrants,. andlhope your, worship will.—Mr. Basilan- N nee. Ice, Mr. Wilklosoo, of Royal bill,
easnifest intention of the testator. The will in this COO was coed according to the methyl formerly adopted, and hence after the deciidon come to lest /malt in the previous case, tine : will not advise at ail, nor shall I interfere in the
of the propme or., for vale of the railway and other Ilk."' 8
dowry
AND SOUTH it ItLuv.--traor.
made after the act tame into nperation; and so, is effect, it the present inquiry. The counsel for the deurindant, Eliza- the counsel for the prisecution, after much mature considers-
.matter.—Mr. Campbell said that tho men were in a most man sum iiiinßl4 t7had well .ri in thochair. The chair- heated had Parallahnl lay Kunsan •••••ata Johaa, ot. lek FR Vier.!!!r__.
is the mama Mac, for the will must he understood as ex- heck Davies (plaintiff), were Mr. Serjeant Tslfourd, Mr. tion, did not intend to offer evidence in this caw—The jury destitute cOndition, several of them having been turn,' out n entered nto, sukoct to the ap ducat ow parrots of ht. okay is Cky Iroodoh, l'n..ter. at the kW:
ash Rearm sa Lombok, kkee. 'a '5O
of the vessel waist under the doctor's hands one poor fellow beluogin this f prop
tos,• L Whitens no ,ss
teasing what the act says shall be the consequence. That Gray, sad Mr. Maundy. For the tenant, William Selby returned a verdict of Nut , gcompany, or sum of ISO,OLIOL, to the Yoh 14, ° 1 " ""*. .""1
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