The Express.
London, England, 1848-02-19 00:00:00

Lm intrUtgenct.

COURT OF QUEEN'S BENCH.
Puts, Cammisoti..—Before Lord Domain and a Common Jury,
CHASM:4O'ON AND °IKEDA O. CDOTIN.—PNIviass
aunts, cage in itself presented no feature of public
latexes, and had it not been for a difference of opinion be.
Ivrea* Lord Denman and the jury as to the verdict, we
L.
not have noticed it. This was an action brought by
Messrs. Charrington and Meld, the brewers, against the de.
fondant, who was formerly keeper of the George Hotel
in the Strand, to recover the sum of 801. due to
them on a bill of exchange, and also 231. 10e. for
money owing by the defendant to the plaintiffs.
The defendant pleaded as an certain term
the action
menthe plaintiffe had agreed to certain terms of arrange-
ent which he bad offered them. After Lord Denman had
summed up, the jury, after finding a verdict for the de-
fendant, °lroned, through the medium of their foreman,
that they believed the defendant was willing all through to
settle the matter, and that he and the plaintiffs bad agreed
to do so, but they had been thwarted by other persons. That
was the view of the jury, and they reflected very strongly on
the conduct of the plaintiff's attorney.—Lord Denman :We
are bound here to speak the truth; we are not to assume
anything that is not set out in proof. I cannot think your'
verdict is correct. There does not appear to me to be any
proof that the agree:mot, as net out on the record, war com-
pleted.—The Foreman :My I od, lam desired to say by the
whole of the jury that what I have stated is their view—that
the defendant was willing to pay all through, and that
Messrs. Charrington were parth to that agreement, but
that the arrangement was thwarted.—Lord Denman If the
arrangement was thwartd, it is quite clear that the arrange-
ment has not been compleeted.
COURT OF COMMON PLEAS.
All the special juries in the list to-day went off, except
two cases of " Tassel e. Cooper," in both of which a verdict
for the plaintiff was taken, suljeet to a point of law. The
first action, which was heard as tar &sport of the case for the
defence, was brought by the✓
plaintiff, the bailiff of Lord De I
Lisle, to recover from a bank at Tunbridge a sum of money
deposited by him to hisown account. It appeared, howevi r,
that the sum in question bad been received b
Lyis
him as the
proceedsof wheat, &e., belonging to Lord De le, which
had been sold by the plaintiff. The hank declined to pay it
to the plaintiff, having received notice to that effect DM.
Lord De Lisle. At the suggestion of the learned judge the
matter in dispute was turned into a special case for the con-
sideration of the court above.

COURT OF EXCHEQUER.
Sittings in Banco.
The court sat yesterday pursuant to notice, for the purpose
of delivering judgments ; when the following eases were dis-
pose/ of :
Tag NORTH AND SOUTH SHIELDS FIERRT COMPANY V.
BARKER.—Mr. Baron Parke di livered the judgment of the
Burt
in this case, which was an action for an infringement
of the plaiatiffir right of f rry across the Tyne. The decla-
ration contained two counts, to which the defendant pleaded
generally not guilty and not possessed. The opinion of the
court was that the first count was a good one, and that there.
fore the rule of the defendant to enter a verdict for him
ought to be discharged set, the first count ; but as to the
second, the court thought that, under the true construction
of the company's act, they could not be entitled to two fer-
ries ; and as the second count alleged a totally different ferry
from that which was the subject of the first count, the issue
on the pea of not posse,sed, as applicable to the second count,
ought to be found for the defendant. The rule would there-
fore be made absolute, in so far as it applied to the 'mond
count, but discharged as to the first count. —Judgment ac-
cordingly.
WHITWELL I'. 1/Alllllllol4.—Mr. Damn Alderson deli-
vered the judgment of their lord-hips in this ease, which wile
an action on a policy eft' cted on the ship Governor Heiken,
from Quebec to her port of discharge in the United King-
dom, or so near thereto as she could with safety get, and for
24 hours after she should have been moored at anchor. It
appeared that the ship arrived in Liverpool safely, and her
port of discharge being Wallasey Pool, into which she was
not able to get by reason of her heavy dreueht of water,
the captain anchored below the pool, and having reported
kb ship at Liverpool `Rteengd a tamper to unload the whole
cargo, including rafting, a sum certain, and discharged
kis crew. The hamper set to work, and took out the deck
cargo and other portions ; and, in the mom of his opera-
tions, the ship heeled over and went to the bottom llnder
them circumstances the question was, whether the under-