The Express.
London, England, 1847-05-10 00:00:00

COURT OFCOEMON PLEAS.

Naves thse.
WONTNIN V. 8111ATIrrOAMWAT ADVZILTZSIMINTS.—
C/LAILOI OF FItAVDOLMIFF JUDO-
-111111T.—Th• court delivaredialepast in this case on Satur-
day a. It was ea sales to recover 821. 10.., the
amount, &peat paid bribe phistiff to the provisional
mathittee el the Djeatt Lembo ad Exeter nullity. The
trial took glaes Wigs Nr. kollos kit, at the sittings after
Trinity Time, when s owlet wee soared fee the plaintiff.
It starred is eeYrn that the Meet preigeetse of the com-
=yeas heath tie the yew lief, e bet the capital wag
10 be theft mafiosi in 12elle lora ef 251. nth.
Ae geseathee attained • lit of the eat ethee of massy-
sent; ad the wee of the dehodaat wee eawasot the aro-
Mo. • thew wee kOoloodi to the effect, that the plass,
seetions, the., would be ask by a alma day named, and it
wasiabostatal "daimon gathaagasimselil set amain the
wodertokho, the mow kpeeked,delazoko wsocaseary
„attain the swegestiessftl he retnestall thaltere•
ftuteerihers were further Wawa that • deposit
of IL le. nal sham would be sealant OF egge*y with the
= 011 tithe Howe of Cwonowe, sad at after the
"It =sides,
pond the Owwwwyen salaamed depot% of
mita moil be eapared rey
_it Into the House of
The tompeetto oseirsied with • paragraph, setting
forth the bra efigglisetles for Addeo Oa September 26
1816, the mild kr therm pursuant to the fora
lastiai did la mold accept the lame, according
se the fesoletine of 111111kompany, that be would sign the
savagery legal desisanate, sod pay, when minified, the
depth of 11..7. tid. gar Asa. To this application the
011111Iiese sent the hallowing same? • Not teens
heath& The committee have, at your request, allotted
oat Shares of 261-ash in this undertaking, upon condi-
tion Nat the &moth of If. 7s. Bd. per share be paid on or
Woe filotrda , Oct it, in default of which the allotment
will he mod the Oates disposed of to other appll-
Mae" Its Ilia Wee, se wall uin the prospectus, the eon-
sees was deserilmil se representing a capital of 3 millions in
ifillloheree. Defoe the day fixed for the payment of
dereelb, m whertierweat appeared in the papers, stating
that the ellooneat of shares had been completed. Some
oldness woe given at the trial, from which it woe inferred
dot the pitlatiff maw this advertisement ; and, on Oct. 23 be
paid hid In point of fact only 58,000 shares had
bees allotted at this time, but the plaintiff was not, mail a
sabasigsent period, aware that such was the amt. On
Nateseher 4 the plaintiff executed the subscription ono
tract, which gave the ormitoe power to pay their expenses
eat of the onus thereby owleeribed. It afterwards appeared
Ira the asuittoe had no klub to Rieke the depat, or to
Vilißiltir . astir 16th Dee. a meth-
ane *Oka kite melleraties the affairs of the
esepay. pisiotiff was pima; and ha moved as an
FINNINEOMai tiiiiresolution pat by the chairman, that ins'.
oath se the smeeittee had akkod only 68,000 shares, the
lipedia we& to be returned to the shareholders. The
dellthith Masi to pot the amendment, and the *dead
etaktion slag pool. The plaintiff could not MOM his
thiveig ad t eel Ilk Jan. the present area WM lOW
anent{ 1$ IMO laaleaded for the plaintiff ea Ode date of
fact, that the sivertimeat anaouneing eat the imatalitee
had " completed " the allotment of shame was • Sabo ad
• dalont repeonstatios, and that the pleinthr, bag
thrift indeed to cryeihit nteziere entitled te Nam
br. And it Mae that the pullemeabey
loodereedvalklohlowoderlitekilowor of theise►
deo talons apookol upon hie aid at the time be be
dopoelt.—For the dokedeot Owes mood that the
the tires, together with the rower thereto, &WM
smart, and that the paythent of the money by the
11< wee referable to that wobeel. tad not to the
=rnewatatioa. It wee she ordnotiod, that do k
atkorised the kopowy tp pay all se=
wa• s eat oldie • pole k kook sad that.
Ile plaiklif was oat added to weiwer. The
lutes viola the ere was tried, withest d km.=
km la to whetherthe plaintiff's letter of app sad
the rawer feats the committee, eotutituted a bindles wow
Wee, told the jury they were to eguider, tat, wheeler et
ale the advertisement announcing that the allotment of
dleiree bad been completed was • " material Joker
Seat" to the plaintiff to pay his mosey ; 2ndl7,
Tokker the consideration had felled ; and 3rdly,
',briber the *JEW bad signed the deed under
the ism hell which operated upon his mind when
he pill the dopeit. The jury having answered ►these ques-
tions la the Wiwi/ye the learned judge directed a verdict
to be eased filleghtswesiolkiltilie In Michaelmas term la a
rule nil ethe he entering • noosuit, or for a new
trial, on the grand of misdirection and in support of that
rah, it had hen argued that the advertisement complained
of did not refer to the pliiintiff, or to any one in the like posi-
tion, but to disappointed applicants, who were unable to pro-
cure shares : further, that the deed expressly authorised the
application of deposits to the payment of expenses ; but it
wee admitted, that if the money had been obtained by bad,
the fact of the plaintiff's having signed the deed would he so
answer. It was moreover contended, that the plaintiff, by
attending at the mreting on the 15th Dee., when be knew
that only fifty-eight thousand shares were allotted, had
rendered himself • party to the proceedings of the
company. Upon the first of these points the Court were of
opinion that there was no contract binding upon the plaintiff
at the time be paid his deposit. He had applied for shares
in en undertaking composed of 120,000 shares, and the com-
-- by - him a certain number in

vi,by allotting L.— • ce. a scone,..- _
of 58,000 only, bad sold him what he did not makfoe.
It might be reasonable to expect that an undertaking would
samesed with a capital of 3,000,0001.. but not so If the cepital
rasa decreased one halt. The plaintiff had therefore received
tiara In on impracticable concern. The allotment not being
in truth whet the plaintiff wanted, be was not bound to take
it. The contract was not absolute, but conditional only, the
letter of allotment not being a complete acceptance of the
plaintiff's proposal, bet imposing upon him certain penalties
In the event of his not paying the deposit by a Nivea thine.
The court must therefore inquire whether the pleintiff tow
bethend to pay money in consequence of a onarepresasth
the on the part of the directors. They were of opinion that
three ores ample evidence of misrepresentation. The adorn,
limning was directed to all interested in the subject matter
of it, and the learned judge was deist in telling the jury
they were to say whether the announcement that the eons-
mitteitharl *teem d the allotment of shares was a "mate-
rial isnessment" to the plaintiff to pay his mosey. Upon
this psis% thersibre, there was no ground fora nonsuit or fat
• new Wei. The neat point was, as to whether the fact of the
phillif laving attended at the meeting deprived him of all
retheksgenet the ccuipany. The evidence disposed of this
troths. The egg aledone by the Flaked* was to call I
igen the setheththe to return hie depoeits. He did I
silt= ado meat to
be
ameggeitegLan,hoarildz
is • le ra Imilleposseeil esti:. It ire
elabsinabi
Isitehse sestesaltheth the cleibehtha was argiffed to a new
Mel, Maas the barged jdes did .at etht the jury to ray
whether the War of epplesi sad the answer to it NW
MI=MII • thefts eontract. TINS was a question of law kr
the gent, sad set one of het de the jury. It, win then
OMR. begisegble for the court to grant a new taithethsc ire
=Os the whole, they were of opinion lice the
M the learned judge was right, and that thecae
oblieed by the dellthasat failed as to all the peints.-11the
diallithrth.
AMU.= AID AMIIIIII 11. NAIRN AND °TRIML—
Y= WRECK or I= BROIDOVILSIBOILT,—POLICT OP In..
IMMERCI.—JEFRommEr.—TM smart, giving kidgesest in
alliwitar, said it nue sages Geis of lesonnieglibeeth
ea the ship Brozbeseabery. Ties soled on her ileum
ward vsj ege, tram lorry asel China, on the Ithil ef il=
1843. Is the thsothrof April the, thipenceunteth ••
Mm, by width the' received inciderable dump israthos
Wrist le path at ffeuritius for repairs. Oa eaminfflos
'twos thud the very wenn* repairs would be asethirg
lea ether le nigh the vessel seismeetby. It oppugned IBM
thr eoliths adduced by the delhadants, that the IMMI tote
ea ell sag, sod is wow pegs es much decayed that .am
Webers were required. The pleintiffe ens was, then en
eset of repaint would exceed the value of the ship whoa n-
=tand therefore they gained he a wig loco, contrasting
hie whole et the igge e.elned by th vessel wee
ISMIId by the perils Werth age het. The learned j edge left
it to thennto decide wliethertheaset empire arising hem
the perils insured naiad wenn ban beer pester the. the
nine of the ship when remind. If their opinion upon this
Vic should be in the silinistive, they were to find be
pleintith Thinly retuned • verdict fat the plaintiffs
he the fall assert of tie pithy ; and • role nisi he a new
add bed bees thitheal by the dtheadathe ea the d of
feledireetha, sr of the leedlet Mimi mind wldwee. It
the seolinded, apes the poise of misdirection, that the
=Es^ to hue toil the ivy to exclude hen the art-
the decages all sash -Repairs as were rendered
sethwery by the 'assayed state of any parts of the ship. The
sent were of spiedsa that then was no misdirection in
the ainasisig spe se the jury were correctly told
to midi, des smeast at the damages arising Ins
the meth issued spire As, however, it was possible that
the pin With* ban thietaken the direction of the legend
Jake, the men bad inked into the depositions read at the
trial, sad ine a weal examination of the evidence they seedel
age me pond ferrying that there were soy ?Tries necessary,
swept ERA as were referable to the perils imam' against.
Tim evidence mooed that the vessel was strong enough the
the if it had not encountered revere weather. On
the :CC
therefore, the court were of opinion that the
diasheneviraiSesti."2—Bole
Einisieterf"teann7 trial
mast
be

COURT OF EXCHEQUER.
wns. la Beam.
Tim Arrolumer-enermua. 0. Cauaota.—Tea Fin ms'
BIPZDITIOn —The Attorney-Oeneral mated that this was
an information, filed under the Fordttn Enlistment Aet,
against the defendant, so master of the ship Neptune, whilh,
together with another Tomei, wa. wised !am* time ago for
havirg on board men and stores In • lole.lon of that act. •
rule to show cane* why the trial should not he postponed, on
the ground that it was eseential to the defendant in main.