The Express.
London, England, 1856-03-03 00:00:00

LORD MAYOR'S COURT.—Mecca 1.

111S1001 AXD WICILII•

Mr. Locke appeared f.r the plaintffe, tad Mr. Bobinsot
for the garnishes.
The tilsintiffs in this use were merchants of Leaden, the
defesdasit wads • surehant of Bayne, and the Irani/he e was
also a machete is lertaberd-.truer. It appeared this the
defendant/owed the Waist& • oonsiderablo sum of mossy,
sad that la May, 1864. he discovered that Jolla *Ouse
hold two dishosoored:bille of Biddle's for 6001., sad they
fitly pot an attachment cm the money. Last year
the prelates plsadsd that tt be hod sothieg," and X 24 etas
war tried in this court is January Mat, wets a verdict was
gives for the plaintiffs fet 5001. Mr. Rousso, °halted a
now trial on the grand of surprise, and H.. nu
was Monett on yesterday. It war shown that the
plaintiffs, tho dafandsat John Melton, the garnishee,
W. G. Maltase, toroth, r wish many othus, wort partisan
is • mill at !Smyrna, of which John and W. (1. Maltase
were the managen, sad ware ha the habit of draw-
mot haute sad Co., Biddle, cad others, to COB-
- amounts for a "banking account" to carry on
the mill, for whisk three patties emu allowed a sommisslon
of half psi oenr. fee the see of their asses. The Meatuses
at lug* failed, sad the London merchants suffered severely
by du failure. Mr. Biddle also failed, and et that time
Mr. John Mahar held two hills helmets( to his, width
had bus dishosoured, one for 2801. and the other for 240,.
When Mr. made the diesovery, he plated an attsch-
most on all mosey due from &dells to John Maltase, to the
amonat of 2,0001.
For the defeats it was costauded that John Maltose had
given hills as eocar.ty for iirerk:ng the mill to various mu•
tits to the extent of 4,0001., memo of which were herd by
Moses. Jailloos sad Wicks, • Mr. Cook, and two of them
17 Biddle for 6001. sash, sad they ware dishonoured at the
Om Oki SillUghumat war laid.
Out of the ploistiffs' wit .asess folly proved this fact, and
the jury Mused • verdict for 'he garnisass.
woos V. AIIZAILLXI-8314188X11, 084X11113.
Is thi. cuss the 'Aetna had smelted goods to the de-
fendant, who is in Adelaide, so the amount of 6891., sad
ccesequesess of a fire taking place on his promises and
destroying • large portion of them, he out over 2621. 6e. to
his brother, tolling oi4l to pay it to the plaintiff, provided
he gave a mallet in full of all,desuads, but not to pay it
unless. Mr. Mos rofteod to accept it on those conditons,
sad laid time ettaelsmont on the money in the heads of the
brother, the present garnishee.
Mr. Bohlson submitted that the praishu had no money
is bell heads of the defendant, as he was indebted to hies
la his Partaltre Mr. Levy, to the sztout of about 1,7001.,
land that the mosey sent over for the plaintiff, wh eh be hid
refined, Mr. Atrahems had shut appropriated to the
liqui-
datitsof his own claim slider • power of attorney, and that
before the Ur...einem was ',reed.
The learned Recorder ruled that the power of attorsey
did not authorise him to go so for, or it would, la cue of a
dispute arising between the heathen, have the aaomaly of
sonstitutleng the brother is Ragland tb• judge, jary, erbii
Uttar, andeettler of hie own claim. The evidence showed
ho had not parted with the mosey before the attachment
was made, sad therefore the verdist mast be for tho gar-
Mawr.
Verdict fir the garnishee, 2621.6 e.