The Express.
London, England, 1849-05-31 00:00:00

LAW INTELLIGENCE.

EQUITY COURTS.—YESTERDAY.
SEEGER VICS-CHANCILIOR itprtoirr Batt%
Ex PASTS BOLCZOW.-RE DIACLEAN.-LIQVIDATED
DAMAGES.
—..

TMs case, the particulars of which were stated on a former
hearing of the petition, came on again for the purpose of the
production of vivivoce evidence in support of the petitioners'
cue. They claimed as holders of bills of exchange, for sums
amounting to 11,5001, the consideration for which they al-
leged to have arisen out of a contract entered into between
them end the bankrupt, Mr. Donald Maclean, for the supply
to the latter of 4,000 tons of railway bar iron. Upon this
contract, 11,6001. was to be paid by way of deposit, and was,
according to the custom of the trade, to be retained as a teen.
rity to the petitioners against any damages which they might
sustain by reason of the nonfulfilment of the contract on the
part of Mr. Maclean. The 11,5001. was accordingly paid in
the bills, which were the subject of the petition, and it was
on the former occasion contended that the only claim could
be in respect of damages, and that these being unliquidated,
at the time of the bankruptcy, could not be the subject of a
proof. His Honour, however, thought that the existence of
the bills distinguished the cum from those in which the do-
pups were held not to be capable of being proved;
bat In the then existing state of the evidence the
transaction appeared to the court so singular, that the
petition stood over, in order that its bona tides might be
inquired into. The petitioner, Mr. Bolckow, was now
examined viva voce, and stated that he and his partner
carried on an extensive business as ironmasten at Mid-
dlesborough-on-Tees, and that at the time of the order
given by the bankrupt for the 4,000 tons of inn they made
inquiries as to the purpose for which he could require so
large a quantity, there being at the time (1840) many merely
speculative orders. The result of the inquiry was that the
bankrupt was connected with some Irish railways for which
the iron would be wanted, and they thereupon made prepa-
rations for executing the order. That they had so many
orders then, that nothing but a Wong expectation that the
goods would be really taken would have induced them to
enter into the contract. That the price of iron afterwards
fell so much that they were losers to an ex-
tent much beyond the amount of the bills by
the non-fulfilment of the contract, end indeed to the
am..innt of 12,0001. and upward, although they by means of
mother order had been able to dispose of the iron. Had
this not been the ease and it had now to be sold, the loss
wool:. have exceeded 20,0001.

Mr. Rogers and Mr. domperts, who were agents employed
in the contract, Mr. Malin, the contractor, and a Mr. Boyd,
were also examined viva voce.

Mr. nursell, Mr. Goodeve, and Mr. Bevil', appeared for
the petitioners; and Mr. Bacon and Mr. Cole for the assig-
nees.

The Vice-Chancellor said he was glad that the examine.
tion had taken place, since it showLd that the transaction
was entered into bowl fide on the part of the petitioners, who
appeared to be respectable tradesmen. The evidence had
quite changed the aspect which the case had asaumed when
it first came before the court. There must be a re•
fercnce to the centrabsioner to inquire what (if any)
damage the petitioners had sustained owiug to the non
completion of the contract, having a regard to an the
circumstances relating to the bi.l for 6,0001., endorsed
by Miss Maitland (the bankrupt', ward), and the bill for
2,6001., and an the other circumstances of the ease. With
.

regard' to the fint-mentioned bill, the court, which would
have to decide between Miss Maitland and the petitioners,
would have a pa•ntul duty to perform, and his Honour heted
that he should have nothing to do with it. His Honour
added, that for the sake of the parties, he would request, as
a favour to himself, Mr. Commissioner Gonlburn or Mr.
Commissioner lane to be so good as to undertake tho refer-
ence. If (which his Honour did not anticipate) they should
decline, the reference must be directed in the ordinary
course to the commissioner acting in the prosecution of the
Bat (Mr. Evans).

COURT OF COMMON PLEAS.-YESTERDAY.
Srrrnrcs to BANCO.

WOOD O. THE COMPANY OP COPPER McszßE.—Cov•

ST/AUCTION OF COVENANT.

This was a demurrer and special cage arising out of an
action of cnvenant. The questions at issue were, whether by
the terms of a deed entered into between the parties it was
optional or compulsory for the defendants to supply to the
plaintiff certain quantities of small coal, which the plaintiff
used for making fuel, and whether, in default of the defen-
dental so doing, the plaintiff was entitled to liquidated da-
mages or to a penalty.
The Court prejudgment for the plaintiffon the demurrer,
and the parties agreed between themselves to enter a verdict
opon the main bane for the plaintiff, with nominal damages,
and to pay their own costs.

CONSISTORY COURT.—YEsTERDAY.
BE/ °az Ds. Lventurcaox.
FAwcErr r. FAWCITT.—ADCLTIIET.

Dr. rhillimore (with whom was Dr. R. l'hillimore) stated
that this was a suit for a divorce, promoted by the Rey.
Reliant Fawcett, Rector of Copthorpe, against Mrs. Eleanor
Fawcett, his wife, in consequence of adultery. The parties
had cohabited together till 1847, and the fruit of their mar-
riage was seven) children. On the 2nd September, 1846,
Mrs. Fawcett went to Hartlepool, when she took lodgings,
at the same period that Mr. Walter Trevilyan, with
whom the adultery is said to have been committed,
resided at the hotel of that place, and was
in the constant habit of visiting Mrs. Fawcett,
and remaining with her until a late hour. At other
times when Mr. Fawcett was absent, Mr. Trevelyan visited
Mrs. Fawcett with the same frequency as at Hartlepool.
ISeaton Carew was another place where these visits were
continued, and there Mrs. Fawcett became pregnant, although
her husband had not, it was shown, had intercourse with her
within a period at which she could have become so by
him. She, in due time, gave birth to a male child,
which was christened at Edinburgh according to the
custom of the Scotch church. The clergyman asked whose
child it was, that it might be registered ; when Mr. Trevel-
yies mother, bunting into tears, said it was illegitimate,
and was that of Mrs. •Faweett, by Mr. Trevelyan. These
was also evidence that they used to remain in the room an
hour together, with the door bolted. She was once in Mr.
Trevelyan's bedroom for 20 minutes, on one night when
they were retiring to rest. They were seen frequently
walking together ; used endearing terms to each
other, such as "My dear Eleanor," and " My
love." They were also seen by the servants
to salute each other, and appeared late a couple of lovers.
The learned advocate thought there was sufficient evidence
for the court to pronounce for the divorce.
Dr. Robertson, on the part of Mrs. Fawcett, thought from
the evidence brought before the court he could not hops to
oppose the admission of the allegations ; it would, therefore,
be useless for him to waste the time of the court by going
over the evidence. He would leave the case in the hands
of the court, it being in full possession of all the facts.
The Court said, it had certain impressions upon this ease,
that it could not give judgment at once, but would take an
early opportunity to do so, after due consideration.

COURT OF BANKRUPTCY.—YEsnaDAT.
Bums Ma. Coloinstoxsz Foxy. Anus.
TRADING ON ♦ DEFICIINCY.

Charles Sneer grocer of WoOabridite, applied for his
certificate, supported by Mr. Duncan. M. Linklater op-
posed on the part of the assignees, en the ground of reckless
trading and carrying on business too long. It appeared that
in 1843 be was deficient 2001., and had afterwards gone on
obtaining credit till February last, when he came to the
court, owing 1,2551., of which 3001. was doe to his father.
His profits bad been 1121. a year, and his expenditure about
2101. On these grounds it was contended that the certificate
ought to be refused altogether.
Mr. Duncan urged that the bankrupt bad given up 2501.
worth of property to his creditors. The genuine character
of the father's debt was beyond doubt, as he had had a war-
rant of attorney for five years.
His Honour observed that the charge of collusion with the
bankrupt's father had not been established ; but stale war-
rants of attorney were always auspicious, and it would be
well if greater difficulties were thrown in the way of enter-
ing up Judgment ea them. Had he allowed his lather to
have swept away his property the medicate would have
bead mewed altogether. As it war, esesideriar the long
°miasma of his train at a for. sail Ad his expeadi:
ten bee mewled bis mem by abed 1001. s year, the certi-
lints sue be soyeated tee 3i metbe, with peeked on. ,