The Express.
London, England, 1847-02-26 00:00:00

THE EXPRESS, FRIDAY EVENING, FEBRUARY 26, 1847.

COURT OF EXCHEQUER.

Nur Parca—Before Sir F. Pollock and a London Special Jury. !
CLAIR. 0. CHAPLIN.—PROTISIONAL COMMITTEZA OP
JOINT STOCK COMPANIES MAT BI COMPELLED TO REFUND
DEPOSITS WHIN THE PROPOSID UNDERTA/ING IS •BAR-
-00:110.—Mr. Martin, Q.C., and Mr. Willes, appeared for
the plaintiff. Mr. Gurney, Q.C., and Mr. Ogle, for the de-
fendant. This case proceeded upon the authority of" Wal-
stabh v. Spottiswoode," one of the moat important decisions
of this court relating to the rights of speculators in railway
schemes. In the present action it was sought to make the
defendant responsible for 1001., paid by the plaintiff as a
deposit upon a number of shares allotted to him in the
Westminster Water Works Company, of which the defendant
was chairman. It appeared that the plaintiff paid the
money to the credit of the defendant and others, as repre-
*octane's of the proposed company, which was soon after-
' wards abandoned, without having been, submitted to par-
liament, or even having any of the usual deals executed.
The plaintiff insisted upon having the sum he had deposited
refunded, as the scheme was abandoned, and the undertaking
to give scrip certificates in exchange for the banker's receipt
had not consequently been complied with, and he alleged
he was at all times ready to execute the necessary deeds en.
titling him to scrip. On behalf of the defendant it was con-
tended that money paid under the circumstances could not
be recovered in this action, which was for money bad and re-
ceived by the defendant to the use of the plaintiff. And
further, it was submitted that the defendant was entitled to
treattbe sum expended upon advertisements, and other in-
cidental expenses, as a set-off, which had been pleaded.
The Lord Chief Baron thought the present ease, and that
of Wsietabb e. Spottiswoode 'identical, and that the plaintiff
was entitled to recover. Ms Lordship intimated that he
would take a note of the objections, in order that the defend-
ant might be enabled to move hereafter in banco, if he was
so advised.—A verdict was accordingly returned for the
plsintiff. Damages, 1001.

TP.ttas

SHERIFF'S COURT.
Beam Mr. Cadet...heel' [harebell,

-B,fINETT- AND A 1313071%

This was a writ of inquiry for the assessment of damages
in an action to recover compensation for a false imprison-
ment under these circumstances. On the evening of the
26th of Sept. last, the plaintiffs, a French polisher, and his
wife, went to a baker's shop, in High-street, Bloomsbury,
and asked for some loaves, which were served to them, and in
payment the female tendered a sovereign. The coin wore •
suspicious look, and the baker refused to accept it, but sent
it to the defendant, a publican in High-street, to be assured
of its quality. The defendant pronounced it bad, and he
proceeded to the baker's shop with a policeman, and gave
the plaintiffs into custody for endeavouring to par • counter-
feit sovereign. The male plaintiff said he hail received it from
a Mr. Wells, of Knightsbridge, and offered to furnish his ad-
dress, but the defendant persisted, and the plaintiffs were
taken to the Clark-street station, where the inspectoron duty
thought the coin was agood one but imperfectly finished, and
having ascertained that the plaintiffs were respectable they
were liberated after being in custody two kours.—Mr.Wells
identified the sovereign, which was produced by the solicitor
to the Mint. The witness received it Iron a servant of Baron
Rothschild, and he paid it to the plaintiff. It was well
stamped, but he did not observe that the edges werennmilled.
The witness having Oven his evidence, placed the coin in his
pocket, and pertinaciously refused to hand it over to Mr. Pow-
ell, upon its being repeatedly demanded by th►t gentleman.
The coin was his, and he should detain it, and run all risk
of what might be the consequence. He had sent it to Mr.
Powell upon the understanding that it was to be returned,
but he refused to do so ; and now he (witness) had got it,
he would "Kick to it."—The plaintiffs' counsel-, Mr.
Crouch, considered the conduct of the witness to he =pre-
' cedented and unwarrantable, and called upon the under-
sheriff to use his authority. and compel the witness to return
the coin.—The learned Under-Sheriff said he could do
nothing. He advised the witness to deliver up the coin, and

ash ditainctly refused to do in, the matter was in the bands
of the officers of the crown, who would act accordingly.—
The witness reiterated his determination, and left the court.
—The jury ultimately found for the plaintiffs, M. damages.

COURT OF TILE DEAN AND CHAPTER OF
ST. PAUL'S.—Fin. 24.
KING AGAINST KlNG.—Dirouca CAsg.—ln this case
Mrs. Maria King proceeds against her husband for a divorce
on the ground of adultery and alleged cruelty ; in reply to
which Mr. John Kind avers in the first place an t ntirs ab-
muce of grounds fur the charges, while in the second place
the wife is stated to have committed adultery. Some ad-
ditional articles were offered tu•day, but the court di cided
that they could not be admitted. Dr. R. Phillimore and
Dr. Twiss then went into the merits of the case on the part
of the wife, bet were only in part beard to-day.