The Express.
London, England, 1853-12-19 00:00:00

SITTIMAI AT API nava IN LOADOS.-BUOU C7lll AMU! /MIS

AV/ • SPICtal. /PIT.

°AEU/NEN V. 11AAIMOP8.-C3ll AND OCCUPATION.

The defendaat in this case is abojadministrator of Mr.
Jobs Easttiope, and the action wee brought to recover
two-and three-quarter years' rent of • house in West-
bourne.t. reser. In 1846, Mr. Basthope was about to take
the house, and he laid out some considerable amount af
matey upon it, and agreed to take a lease of it, as INS SS
it was finish.d. It was not finished until the latter MI of 1
Septemtxr or later, and it unfortunately h• _—ppened dot Wit.
Euthope became of unsound mind, as early as the I 4 d
September, 1846.
The Chief Justice had that as Mr. Eutliop Wink
lunatic before the house was finished fit for ofteradis. SD
actios for use and oceuption would lie.
Plaintiff Doosuited.
Several special'

—el jury can hiving been postponed for the
_,...,ence of counsel, the remaining cues on the list
were disposed of, sad the court rose before noon.

COURT OF EXCHEQUER-SAMIDAY.
SWUM At MIN ►IRTi AT OCILDZALL.-11110111 ILL WON

UAW= AM., • C Yltol MILL
P. CUiliTT.—sracsaAttoNs Is SEAM.

Mr Macaulay and Mr. Field appeared for the plaintiff;
Mr. Edwin James and Mr. Gray represented the defendant.
This wee en action to recover the sum of 471.49.7 d. under
the following circumstances. It appearcd that in early life
the plaintiff was an errand boy in the dike of an attorney
in Gloucester; then be went into the drapery business, and
at length he embarked in the bible end prayer line, and in
this latter business he bad in November last accumulated
some few handled pounds. Ile invested this money in
specultitias iu certain shares through the medium of the
defendant and other stockbrokers, and the present action
was Pirouette to recover the balance alleged to be due by
the &fondant in respect of them transactions. The de-
fendant admitted that the sum claimed wee a faithful »pre-
Dentition of the " profit " side of the account ; but the
other side of the account showed a very different result by
" lessee" upon some of the transaction.. For instance,
then wee • purchase of 25 " Doren " made for the plain-
tiff ea far bock as April last, which bad be, carried on
from ewe account-day to another, until the 15th of Septem-
ber, when they were disposed of at a lose, the effect of
which bed been to turn the account against the plaintiff.
The tiff denied that he had given instructions for the
of these sharer, but that, on the ecstriuw, the
t's eon bad informed him that the purchase of these
" Demers " was a "apse," and he farther showed that oa the
4th of Sept. the defendant's son bad paid him 1001., which
he contended be would not have done had the " Doren" bees
hie spec...dation. It was also proved that all the traagestiese
on account of the plaintiff were openly entered fa the &-
readmit's books, en account of which was furnished every
fortnight, whereas there was no entry of the " Dorm"
under the plaintiff's name. The defendant's reply to this
was that the plaintiff had become "blown" upon as a spa-
=later, and that he had distinctly stipulated mites be gave
tee order, that the name should be kept seer, from the
jobber, end that the transaction was not to be included in
the general account.
Mr. Baron Martin, in esmmiog up, said that gross per-
jury had been committed by the plaintiff or by the defer
ant's sere. The kitty meet determiae on the written evi
death, and in doing so they would inquire of themselves
bow it was that the theounte had been made oat is the
manner described by the defendant.
The jury, after a short deliberatice, rimmed a 'enlist for
the defendant.
Mr. Baron Martin—The jury are of *Mon that
these shares had been purchased for the plaintiff, and not
for the defendant's son 1
The femme& replied that was so.
A verdict having bees entered for the defendant, Mr.
Macaulay applied to his lordship to stay exegetic& till neat
WM.
The learned judge granted the application.

SHERIFFS COURT.-atTUIDAY.

TARS/RORY YR AUSTRALIA.
As active was breathe by Mr. Hasa sad Ids wife stature
air U. S. Haighlama. shipowner' of Geraldll (the late
sheriff ), to recover beck 134., which had bow /Mao ffspo-
sit•sesey fees passage of the plaintiff's wife Wen mar
rugs is the ship Emily, to Geelong, in Australis.
Mr. Medium appeared for the plainuff, sad Mr. Ellis
for the defeatism.

In the amuse of last summer the plaintiff's wife (then
Helen Courtier) and Miss M'Leod were desires, of pro-
ceeding to Geelong, where they had friends. Mr. Rose, •
merchant, of Upper Timms-street, kindly interested bias-
sed in their behalf in affording them protection In his own
family, and selecting a ship for their eonveyanne to Au-
*WM On the lst of Annie his attention was celled to
the (*Rowing advertisement to • morning paper : " With
kossediate despatch, direct for Geelong, the frigane.bisilt
ship Emily, 680 toss per register. A I. °append, William
Wilma commeaciler, loading in St. Katharine Docks. This
ship will take • few intermediate passengen at 26 guineas ;
octp-cabin pamemgms, 30 seines.. For freight or paswag•
apply to the owner, Sir 0. R. liodgkinson and Co., 74,
Certain." Thinking this would afford • favourable op-
portunity for the Foam lathes proceeding to the colony,
Mr. Rose waited apes M. Clarke. • general shipping agent,
erith a Tim w making some inquiries shoat her, and, if
to genre presses is her. With the agent's
clerk he wont amen to the duke, and was somewhat suss
or.ied to lad the ship unloading. Hs remarked upon her
state ; when he WWI Weaned that she would sail is • f,,rt-
night ; that his Mal wan Om* waiting to be shipped,
sad the pamengen'aeolmmodation could be arranged in •
few hours. Mr. Clarke also saw the defeadsat's shipping
clerk about securing the berths for the young ladies, who,
in answer to his inquiries, was told that the freight was all
ready te be idsippM, and that she would sail in • fortnight.
This was sammanicated to Mr. Rom, who, upon the faith
of them tenons, paid 30L, as half-peasage mosey,
for berths la the whin. A copy of the dietary scale was
also handed te him, showing that she was pat ea as a
general passenger ship. The 3ill. was duly mild over to
the defendant, sad ea the fortnight arriving for the vessel
to sail, ale was found quite in an unfit state to commence
the voyage, and it wow& tillalibt weeks after the advertise-
meatthat Ike ship sailed. During this interval Mies Cour-
ler met with a gentleman she had previously known and
married him. She thou gave up her intention of going to
Australia, and a nays of 15L, being half of the deposit,
wag applied for, but the defendant, Sir George Hodgkinsou
riceitiecly refined to give beak the money. Moe M'Leoti
sailed in the vessel. Miss Courtier was quits prepared to
have pee off, and would have dose so had the ship have
sailed within a reasonable time.

lir. Ellis, for the difeadant, conbradad that it was the
young lady's marriage which -preveated her from leaving
&gland. The dip was advertised to sail with immediate
•ttrpateh ; a tens signifying that she would depart with el•
*edition.
The Judge, upon looking at tha card, said the vessel was
said to be loading, whereas she was ualoading.
Witness said this was the usual statement when a ship
was about to load.

Judge—'l hen the sooner the statement is done away
wit► the better a custom of telling lies is a bad one. It
an a.l•ertiumevt that a ship was loading, I should
never conclude that she was unloading. It is clear the
deposit was paid upon an airreement that the ship wan to
sail at a much earlier period. A verdict would therefore
be given fur the plaiteift fur the whole araouat-151. and
costs.

COURT OF

re-SATURDAY.