The Express.
London, England, 1865-02-15 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN% BENDS.-FIB. 14..

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Mar Tau Nid Prins 811Obso chadban.—(Bettei
Lord Oldoi Alai* Oocirbora sad lipoid Jury.)

ltooll (Mimi) e. SOW AID MEM
This was sae of ten satins brought eider the defer
dasteat7s. Burke, Yore, Douldwat, Realm % sad
Cads dheeton of the Anlo-Danublir Meant Navigation
and Comisny (Limited), to mover Wok • sun of
mosey obtained hour the plaintiff by means of fele, sad
fraudulent npreseetadom The defeadante pleaded (with
the ex of the two fiseloansed delestlialsoZed.bad
Yes la their defamed not gallb mad
Headlines, Q. 0., Mr. J' Brownesever,
and Kr.
Ifforeminanc„ were wand for the phdatiff ; Mr. Loth.
Q. 0., and Mr. Archbold appeared for Mr. Burks ;
Mr. Yaroloko. (4.0., and Mr. Barnard for Mr. Yearn ; the
Bobriter-Gensesl sad Mr. T. Janes for Mr. Dassildson ; Kr.
Macaulay sad Mr. (NOLO for Mr. Osaka ; sad Mr. Bovill.
Q. 0., and Mr. Willoughby for Mr. Bedded.
The defines had been separated beans ragaridents
had joined sadist% the direction at differed
Mr. Huddleston, in stating the case to the key, rid the
dataliff, who wee •• clergyman, sought to reseiver a inn of
mosey, in the shape of damages ce cs simple oestract, Irak
he hid paid in coniquene of the entree repeessa-
tabor which had been made to him end the public gees-
rill in • provable head by the five defeats. The
ens the Rev. Mr. Beare Moore, view of Reinke,
Leicestershire, and the defendants were poems anying
on hareem as rosrehaate Is the City of Londe°. Mr. Burke
was formerlya member of the profession, but afterwards
he embarked in commercial para. Mr. Cube carried
ea burner in Finsbury, Mr. Donaldson in Austinfriars
Mr. Yearns was a wharfi=dire:sliras Mr. Beahhon,
ourying diner In They were the
dirdoes of the scheme called the Angio-Dundian SWIM
Navigation and Colliery Company (Lire/OW),. sod in July,
1862, they Mud a pros tus of the °replay, in which their
names appeared as directors, sad a oopy of that pro-
=us reached the plaintiff by post in Leloselea
sad be was tempted by its glowing
Ira to end for dun. He woordinly wrotedroalia
broker, Mr. Wood, who wee she the advertised broker of
the company, to obtain for him Mly shank 11110bilsist 14%.
same letter a cheque for 504, the azunat of the
Not bearing for soma time anything about the allotment of
the share or of the *missy, as Übe 16th Oct. he applied to
the secretary to know whoa the allonent of the shares
we to be mole, sod be received a letter in answer attribute
lag the delay so the lists sot having been returned from
sane of the expected Hungrier shareholders ; but on the
23rd October he received &letter of allotment of fifty shares,
and ha returned his dines for 751., making with the 501.
first ent 1254, the 111110015, of the allotment, mad 30• aall
on each abon. In the Deepother following he received an
annotineement of • further call, but as mans came to hie
knowledge he wee induced to resist it, an he nerved an
monomania that his shares were forfeited. is Jose,
1863, an actin was brought against the pled.
tiff by the company to recover the call that
wee due, and he resided it on the
of band, but the defendants bad failed to go on with It
action, feeling no doubt the judos of the plea put by the
plaintiff upon the record. The ground upon which the
plaintiff claimed to recover Wok his money was the
=lnatome:Cs which appeared on the face of the
P
which indeed him to part with his mossy—
•=l. not bees for the., fade elateserad, sad dim
door which had come to the knowledge el meneen;
the extraordinary conduct of the premeesse, it wadi is di
probability bare been • highly profitable aad seendel
scheme • and it wee to be understood that he did ad Jr
th teee/Ake company as altogether • bubble emanny—
upon the pound of the false statements yid& the
tus contained that bed been circulated Amon the
The prospects was bred on the 2d Jul 1862, II vies
been carefully enradered and seraledosteouslY at • baud
meeting, when the whole el the def ts were premed.
The London Directory, the Law List, end the Clergy List
were all resorted to for the pupas of obtaining the d-
arer of persons who should be tempted to subscribe.
A large number of this prospectus was anordingly
prated and circulated by the direction of the defendant
It was headed "The Anglo-Deadka Stem Nuiptios
sod Orel Oman (Limited). Ospitsl22o,ooo/., is 22,000
shares of 10/. each, with power to increue. De-
poet on application 1/. per share, and on allolumeli,
11. 10& No alb to be made at lass intends
than three months, nor exceeding 21- per alma
Of the total amount of 2200001. only 150,0001. remains to be
subscribed." Then followed the usenet the five defenliab
as director. ; reference we made to metre Hunan
director to be appointed, end also the names of the send-
tors and broker. The prospectus then stated the satisfeeden
the directors entertained of the establishment of the rm.
way after personal Mapectioa7the necessity there was for
an *deeded and improved navigation of the Danube, the
Sears, tad the tributaries, and the extends and profitable
traffic that might be reasonably expected ; that • menseger
drib might be expected to spring op that would be very
profitable, in tourists hiking that route for the 'this' sad
the Elbe, to enjoy the attractive sad delightful scenery of
the lower Danube. Am oog other Mims, it stated that the
mammy nicessesed exclusive and important privilege,
from the Surer government, together with • punted
annual sum of 4,0001, starling for five years °sets!' ;
do
extensive water-side preens for dips, wharves,
factories, and other purposes connected with the
naviptioe anstreded to the company in perpetuity.
and that the company had pa:shred three steamers, and
engine and machinery for another, and proposed to add five
or six larger reels and greater power, and end way
adapted to the peculiar requirements of the trade, acid to
lamease them se the increasing 0013WW011 demanded. The
woman also prepared, the
minx situated
steed, for • term
el three years certain, with the tof extension, and the
exclusive pavane of working mins situated at
es the sight bank of and clew to the Danube, whirl
could be skipped at little expense. The vest extent of that
erel field, the prospectus stated, extended over 25 English
square mile, and it was spoken of as of exadent quality.
Mee was also appended to the prospectus two nada
relative to the coal—one purporting to be made by Mr.
Dean government isoprene of cod mina for Durham,
Northumberland, and Cumberland, and the other from Mr.
John Watson, • practical Del miner sad viewer. After
✓atio' the amount of oral to be raised weekly, the
prospectus f tether stated that of the capital of 220,0004
only 150,0001. reasaleed to be subscribed, and it ins not
proposed to call up any more than the payeaset to be made
on application and allotment of shares for a period of three
months at beet, sad it was believed that the further ads
would not be required at shatter isterade than six months.
They would therefore see that there were three very pave
inducements held out in the prospectus to the public ter
their becoming sharehoiden—firet, with reference to the
capital ; wood, with retinues to the position and pro-
perty of the company and third, with reform* to the
reports which it was d;ead had been furnished to the com-
pany with regard to the coal trees. He should, however,
show them that in all those three prominent r-
oped glaring misstatements wired, and of snob
a subelantial character as, if the truth had been known
to the public, certainly the plaintiff would not have
subsoribed one sixpence. The delay in tryim the
action had arisen in ocusegneam of the defen-
dants baring sent out a 01=0141110011. to Semis to take
evidence ; and, with regard to the number of actions that
bad been brought against them, an offer had bees made to
consolidate them, but the dreaded, declined nabs they
were allowed to select the shareholder who should bring
the action. And, of course, as it could not be permitted to
them to put forward a phantom, the separate &Mous had
been put down for trial After some farther observations
the learned mouse' called as witnesses hr. Fisher, the Bev.
E. W. Moore, sad Mr. & Weeds.
The case was then adjourned till this day (Wednesday).ll