The Express.
London, England, 1865-07-18 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Before VW-Chencellor Sir H. T. Hiaderdey.)
OULIIXT s. BILIZIL
The Vloneheneellor give judgunitt. In MOSS, ...an
wee argued last week. The plaintiffs are Mews. Thresher
sad Glassy, hosiers and out6tters in the Strand, and the
defendant, who wee formeriy in their m~ppllo~yy has MU'
mewed Wises on hie own accost in Oxfornstrest. He
hes his own name over the window, bat os s brass plate
which rat the bottom of the windsw the names "Member
and °lenity " are spared in large letters. with
the word " from " to mash smaller letters writtea
diagonally. And as the awning over the window
the names "Thresher sad Glenny " are painted in large
litters, sad the word "from" in small, In the same muss
u the lines plate. His Honour said it was laid down by
Lord Kinpdown in the we of the Americas Leather Cloth
Company, that the fundamental rule was that a man bad
no right to put off his goods for sale as the ;Dab of a rival
trader. The saute principle held good with regard to per
moue not being manufactures, but who merely said doeds.
On the other hand them was no question that if a pseeq
laving been in the employmeet of a Arm of repeats ,wt I
up in busies for himself he had a right is any way be
thought At, provided it were ocunistent with tenth, to;
communicate the fact to the public that be
had been in the employ of thole pewee. Bat
this must be date in inch a way as not to deceive the
public,. His Hoses then west through the evidence
which had been adduced in the ease, and said there IMO
several instances In which penes bad been deceived, and
were led to 'believe that defendant's shop was a branch of
the plaintiffs% There most be, therefore, a perpetual in.
junction restraining the defendant from erMbiting the
words "Thresher and Gloss" upon or about his shop in
the manner in which the same words were exhibited before
the panting of the hill, or in such a manner as to lead the
public 40 believe that the shop of the defendant was a
branch shop of the plaintiffs', and the defendant must pay
the wets of the sit
Mr. E. F. Smith was cowed foe the plaintiffs; Mr.
Gleam for the defendant.

COURT OF PROBATE AND DIVORCE.
(Before the Judge OrdinalT.)
POWIII V. rown.-111131TIRT.
Sir James Wilde said that is this cases strong appeal bad
bees =dot* the court ma the ground of the respondent's
extreme youth. He BIN Lamed judge) could not, however,
show Isassney to the respostdent at the expense of injustice
to the petitioner. It was impossible to swept the almost •
costinuous drunkenness of the husband as soy excuse for ,
bin profligacy sad his 'viatica. There must, therefore, be •
• decree Mu with mists.
COMM v. COOSENB.--111131TINOZ.
In this case Sir J. Wilde said he wee not able to dis-
solve the marriage, the cruelty alleged spinet the respon-
dent not amounting to more than charm of coldrissa and
want of affection. It had been attempted to show that the
adultery of the husband, which bad bees committed with a
servant, was as sat of indignity to the wife amount-
ing to cruelty ; bat the legislature bad omitted
to include adultery committed in the matrimonial
residence amongst those aggravated sots of misconduct.
which standing aloes would- be a sufficisat ground for a
divorce. If, however, the petitioner wished for a judicial
separation, the court would be ready to great ass.

COURT OF BANKRUPTCY.
(Before Mr. Resist's, Winslow, maximise
in as CARTILILL.
The bankrupt was a clerk is the office of Public Work.,
at • salary of 1601. a year. Debts about 1,1001.
Mr. Reed, for the amalgams, asked for • cash and property
account. Of the debts of 1,1001., 4001. were for furniture
and upholstery, the whole of which bad disappeared, and
the creditor, were anxious to know what had become of it.
Mr. R. Griffiths, for the bankrupt, stated that his fend-
Lure had been taken under a bill of sale. He had a district
sniped to him, and had to look after Bt. Jaines'epalace,
and other public places, to see that they were kept is re-
pair. He was willing to met aside 301. • year out of his
salary.
The bankrupt said that be had a guinea • week, in addi-
tion to his salary, airless when the board placed him in
apartments, as was done sometime,. All his furniture had
been sold under a bill of sale, which he gam to the London
Investment Company, for • loan of 2001.
Mr. Loogstaff, foe creditors, also asked for additional
amounts, sod en adjournment was misted for that purpose.
LS as ALiIZIIBON.
The bankrupt was • warehouseman, of Budge-row, late
In partnership with two persons named Dunbar and Gar-
man, who have absconded. In the course of a few mouths'
trading they had contracted debts of 5,2021. ; the assets
are a little over 1001.
Mr. Reed stated that the assignees had dope all in their
, power to trace the other two bankrupts, but were unable to
do so. The bankrupt now before the mart professed
to know nothing of them. He had filed •
Goode account, but it was extremely imperfect. Shortly
before the failure Dunbar, or some one representing him,
had gone round the country ordering goods, and those goods
bad been seat to London, and sold at en auctioneer's in
Holborn. Upwards of 1,5001. had been received by the
bankrupts frost Mr. Burton shortly before their failure,
the proceeds of goods sold by auction ; 5001. of this
Sad been paid& few days before the bankruptcy, but there
was no mentioo of those same in the cash account. In the
last month of their trading goods to the amount of 2,2001
had been purchased, and only 1,300/. worth were accounted
for. Many goods bad bees pecked away is • most extram.
dietary manner, a large steers boiler being filled with them.
The bankrupt, is examinatioo, denied that any goods had
beep removed to the hones of his mother is Trinity-square.
He had sever besci that Dunbar was dead—believed halted
absconded. Had seen him since the bankruptcy. He used
to be at the warehouse about once a week. Was given to
understand that he lived at Sutton, and latterly at New-
moss. He bad mosey when he went into business as a
licenseelvictuaffer, and lost it. Garman was his =as ;he
had been confidential clerk to a Mr. Gwynoe, a bill
discounter. He only knew Dunbar a short time before the
partnership commenced. He brought in no capital, but
when they wanted mosey he borrowed it for them. He
did not know of goods being carted off unpacked to the
auction rooms in Holborn. A firm of " Bertram and Co."
appeared in their books as large numbs/we to the
extent of 9001. ; but he now believed that there was no
snob firm ;it wee meant for Burton, the auctioneer. He
believed that Garman received the proceeds of those goods
and went away with it. He took everything out of the
warehouse and cleared the beak as well. Believed that he
had absconded with about 2.0001. The furniture in their
office had been claimed by Mrs. Alderson, his mother, who
bad lent mosey to German tor the firm.
His Honour said the bankrupt appeared to have been a
tool in the bands of his partners. The ems was one of
great suspicion. The examination would be adjourned aim
die, with liberty to come up when prepared with better
accounts, and with protection from month to month.