The Express.
London, England, 1848-02-25 00:00:00

SPORIING.

TATTERSI:II7B.LTnuBADAT.
LIvRAPOOL STIMPLE CHAsit.-10 to 1 apt Sir Arthur
(t and I,lt off), II to I apt Chandler (11, I
to opt The Comte, 20
to I aq•d noneor (25 W I t). 23 to I .ogst Nowort2t (t), 24 to I yt•t

Aristides.
It is calculated that there will lie from twenty-fire to thirty
starters, and that fur the flit races mint of the horse/Ina:wed will come
to the post.
Cut:slim Cyr —2O to I scot War Eagle (t 22 to I), 25 to
eget Cracow (t), 25 to 1 apt Blase, 25 to 1 agst Jonathan Wild,
33 to 1 apt Queen Mary (t 40 to 1), 3.3 to 1 asst Kelembe It 40 to I),
40 to 1 agst Lady livid& (1 and *Sot!), 40 to 1 eget Clumsy (do), 50
tot apt Bantam to 20 iutat Magnet (do).
Beyond Firing War Eagle an indisputable precedence, the
betting on this event waa altogether unimportant.
Deittix.-16 to I agst Springy Jack (t 18 to 1)30 to I agst
),
Assault, 30 to 1 turd The Stinger (1). 3510 1 agst Behorougla
1,000 to 25 :west Ihwerlite (t and aft off), 40 to I egit Fern (t
5504 g to I),
1,000 hi 20 olint Flatcatcher (t), 50 to 1 apt Wbitstone (t to ~ and
aft off), St) to I east Darllntem.
The two leading favourites were not mentioned, and of
(boo' litlolCll The Silnior :11044" W. backed for any money. (ISere to
take 50 e•Oni Fllll, Yid 1.000 to 15 about Darlington.
OAKA-20 to I sot Hope It).
ASIIDOWN.PARK COCKSYSO MbieTING.—W,IPM,D
Tor Cur.—Mr. Bowlegs Bonivevn brut Mr. Parkinson's Syringe ;
Mr. EterglEn Elf (late Sprite) heat Mr. Gurdfm's Cucklighter ; Mr. W.
best Wanots beat Mr. Stone's Canon Ball; Mr. Bermes Stiourrl
beat Mr. James's Betty.
Ton CLAIM. STAIO,—Mr. Goddard's Gretna beat Mr. Morant's
Mr. Stoll
Mr. Etwall'a y. and w. dog beat Mr. Bowles's Broadcast
Mr. Stoner Claret beat Mr. Lawrenre's itacklt; Mr. Gordon's Caoidet
against Mr. Parkins', Smuggler Bill (undecided). The weather was
no very and
and such a continued rain, that the bes would
not sit, and the club was at last compelled to give up the "beating"
for the day.

Cato intcliternce.
__•
COURT OF QUEEN'S BENCH.
gun Paita, AT Gr 11.11A1A--Refore Lord Denman and a Special Jury.
TUCKER 0 4tURALTO AND OTHKRO.-4'ORO El) EN O.IRSE-
DIENEK—IMPORTANT Care.—ln this case Sir F. Bell, Mr.
Martin, Q.C., and Mr. Bramwell were counsel for the
plaintiff ; and the Attorney-General, Mr. Seteant Shee,
and Mr. Barstow appeared for the defendants. This was
an action brought by the Secretary of the Pelican Insurance
Company on behalf of that company against Messrs. Ro-
berts, Curtis, and Co., the well-knows bankers, to recover
the sum of 5,0001., which they had paid on • bill of ex-
change drawn by the company, and endorsed by the parties
who were entitled to receive the money. These endorse-
meats however were forgeries. Sir F. Belly, in stating the
case, said that so far back as the year 1814. a gentleman of
the name of Isherwood, residing at Marple Hall, in Che-
shire, insured his life in the Pelican Insurance Office for the
sum of 5,0001. On the 23rd of May, 1839, Mr. Isherwood
died. The policy was payable in the country, and the agent
for the company in the district in question was a Mr. Tate.
As early as the following June Mr. -Winterbottorn, who was
the family solictor, sent, through Mr. Tate, and on behalf
of Mrs. Isherwood and her three daughters, certificates of
the death NM burial of deceased, to the Pelican office in
London. Some delay, however, took place in obtaining a
probate of Mr. Isherwood's will, owing to the original having
been loot, and it was therefore necessary to institute proceed-
ings in the spiritual court at Cheater to allow the copy of the
will to be proved, and it was some months before the probate
was granted to the mother and daughters of the deceased ;
and it was not until as late as the 20th Dec., 1839, that Mr.
Winterbottom was enabled to mend the probate of the will
and the policy to Mr. Tate, which he then did, desiring to
know whetho r any further steps ought to be taken. The
probate, after being examined by the company, was returned
to Mr. Winterbottom, and then, as was the usual custom of
the office, a bill at seven days was drawn by Mr. Tate in
favour of Mrs. Isherwood and her daughters upon the com-
pany. This bill was made payable "to order," by request
of Mr. Winterbottom. Upon this bill it was necessary to
have the endorsements of the parties who were to receive the
money, a custom adopted by this insurance office in cases
where the party insured had lived in the country. The
names of Mrs. Isherwood and her daughters having been
placed on the bill, it forwarded to London, and accepted
by the company. It was then returned to Mrs. Isherwood,
and sent up by the Stockport bank to their Lon-
don agents (Mews. Jones Loyd and Co.), for
the purpose of being presented at Messrs. Robert?,
Zunis, and Co.'s, the bankers to this company,
for payment. It was accordingly presented by Messrs. Jones
Loyd and Co., and paid through the clearing-house. The
bill was then returned to the company, with whom it had
ever since remained, and for a time there was an end of the
transaction ; but some month' after it was found out that
these four endorsements of Mrs. Isherwood and her three
daughters had been forged by Mr. Winterbottom, who had
himself received the money. Criminal proceedings were
commenced against Mr. Winterbottom, but at that time ho
was staying out of the way. Subsequently, however, he
was arrested, convicted, and sentenced to be transported fur
life, under which sentence he now suffers. The family of
Mr. Isherwood then claimed the money of the Pelican In-
surance Company, on the ground that the bill which the
company had accepted had never been paid. Proceedings
in Chancery ensued, but the company being advised that
they were liable paid 3,8001. to the Ishetwood family.
The bill in question for 5,0001. was next read, as were also
the e rtificatee of Mr. leherwood's death and that of his
burial. The Attorney-General then said, on behalf of the
defendants, that this was a question which i.f two innocent par-
ties ought to cutter on this occasion. lie could not relieve
the Pelican Insurance Company from blame altogether. This
loss had been brought about by their negligence. There
was a point of law about the responsibility that he might as
well at once mention to his lordship ; it was that of
" Young and Grote " (4th Bingham). This question bad
originated by reason of a claim that Mr. Isherwood, or
rather his family, after his death, had upon the Pelican In-
surance Company, is 1837, upon a policy effected in 181 1.
Now, it was important, in the first place, to direct the atten-
tion of the jury to the different practices which prevailed in
this insurance company with respect to the payment of town
and country policies. He would first refer them to the
mode in which town policies were paid. (The Attorney-
General bore read the mode in which policies were paid
when the party effecting them resided in London.)
In London cases, they would see that they took
proper precautions ; for they required the par-
ties who were entitled to receive money uader
any policy to come themselves or send their agent,
and to endorse a receipt for the money on the back of the
policy ; the company taking upon themselvi s to discover
whether they were the proper persona to whom the policy
should be paid ; but with respect to country policies they
adopted a different course. They had, however, at last been
obliged to put them upon the same looting as town policies.
The Attorney-General here read the rule of practice as re-
garded country policies, observing that the plan there pur-
sued was one that (lid not show much care on the part c t the
company. He ha 44114 bt, 'review r, that the acceptance
of this document b3KEO insurance office, after it had the en-
dorsemenu which appeared upon it, was • si.fficient autho-
rity for the hankers to p y.e The learned gentleman, after
reading the bill in :question, went on to say that it was a
mark of great carelessness on the part of Mr. Tate to insert
the words, " to order," at the request of Mr. Winterbottom,
because by that very act he had been enabled to commit the
fraud which lie had done. It aim, rued that long before the
time at which the forgery of these endorsements sva,diacovered,
the company had misgivings about this matt r, and still
they had forborne to inform the defendants of the informa-
tion they had received. Because, as early no the 22nd of
June emir] the forgery was not discovered till 31st of July)
Miss Isherwood had written to Mr. Lilly, the secretary of the
Pelican Insurance Company, informing him that she was
one of the executrixes, and that if the probate of the will
was produced, he was not to pay the money. No doubt she
had then heard of Mr. Winterbottom's difficulties. The
learned counsel here read some letters which had passed
between Miss Isherwood, Mr. Lilly, and Mr. Tate, in all of
which the former claimed the money, and in the replies she was
informed of the circumstances under which it had been paid.
The conduct of the Pelican Insurance Company was most
blameable, in not at once informing the defendants of the
facto contained in Miss Isherwood's letters, which they had
never dens ; and had they done so the money might have
been recovered, as at that time Mr. Winterbottom, though
in difficulties, could have refunded the J,OOOl. lie Dub-