The Express.
London, England, 1851-11-07 00:00:00

4. t L Afil. ANAttlltlt.

. _
Mr II unstro y 113.11,11 WS • new trial, on the ground that
Mr It iron Parke had improperly nonauited the plaintiff at
the trout at Warwio k. The plaintiff ia a woman, named
Sarah Gough, who hail tarn for many years housekeeper
of a go ntleinati named Clarke, by whom she had had •
child Atter %boa event soh.• quitted his house, and re-
mained. 01..:It t.) his death, when his executor., who
were the defentlatev, found in his plonk two letters aaldrremd
to harsh tone. le, boo •• late so remit.— tine of these letter.,
the tint in oboe, combatted a proton...Ty note for 4001., signed
by Mr. Clarke, and the other another note to
20101. 'llse purport of both the letter% was that the writer,
in eoessoolo tab S.1T.1114;•01.1411's long and faithful Serlifill,
had eneloarol the uot.•, which hi, ezecuture mould pay to her
on his death, and ou.• of them contained a summation that
the stoney should be settle.' on her and her child. Th. ee.
letters Urn, wn1.1111•18•31.-411 In the paiintoff, and she received
Iron, the ,b.rood g., but, on her pressing for the other
not., the doo-nolalev, thouali they had trospoently promise.'
he letter to 10 .qh. rettewil to do so, unit then this action

via. brotor II; $O4 th. 1141,, out r, with a CZ; i; t.;.;n7 an account

stated by th.. a sa enton. At the trial the Itarnrd baron non-
insite.l the plaintiff, ou the gn.and that the notes (so eiz11:141
n.
we not in saw firtatunvory.notes, as they had never
out of the natio ham!. .n hi, life, but were legacies, if
anythiihr, and could not take I. tfrrt as mach, as they were
not duly otttpt...l to pa.. 4+ testamentary papers, so that
thi %ill nu canarialerattun fur tho premises of the defend.
ants.

The court was of opinion that the view taken by the
learned judge of these iretninsents was the correct one.
The defendants hail, no doubt, conceived themselves bound
to pay these instrumi its as mitt S, but discovering their
error, risisted the pa) went of the remaining one, and in
this they wen• quite right. Under these circumstances,
there could he no rule.
lisle refused.

COURT OF RANKRUPTCY.=YEsmaty.

NKrObi MY. VAS..

IN RR MooIsi.—ENTRNsIVI: &WIZ TRANSACTIONS.

•
This was the certificate meeting in the case of Charles
Moody, who CAM' before the court desenbed as • pork-
butcher, of Gieiweldstretet-roail, but whose extensive liabi-
Mice had chilly arisen from his dealings in sharer. His
balance sheet, prepared by Mr. Jones, of Guililluddcham-
ben. ext, ndisi over a period from the lit of May, 1849, to
the 13th of June last, and routine...l the following items :
To cash creditors, 13,2001; ditto holding secant),
lc 2,3001. ;
trade creditor., 087/.; profits, 3,01 M. lly debtors,
7701.; doubtful ditto, 292/. ; bed ditto, .; property,
72411. ; ditto held by creditors, 3,430/. ; outlay on house pro-
perty, WO. ; ground rents, die , 1,7781.; trade expenses,
8071., interest to cash creditors, 1,6381.; house and per-
sonal experts,. 1,199/. ; Imes, 4,0421.; deficiency at the
commencement of the account, 2,7591. ; liabilities to build-
ing societies, included per contra, 567/.
Mr. Matthew% supported the bankrupt.
Mr. Lewis opposed for Mr. Ilarrop, • creditor, on the
ground that the litiArnpt bad obtained from him 4,0001. on
false representations, alleging that it would be invested in
building societies, chile the bankrupt had applied it to
gambling in share-. Another ground of opposition was the
losses incurred be gambling in share*, also reckless personal
and trade expenditure. Ile had been insolvent in May,
1849, to the extent of 2,7.304 ; in that very month he ob-
tained a cheque for 400 i. from Mr. Hump, who was •
he
in Clerkenwell. During the five following months
he received in all from Mr. /larrup 3,14701. When he filed
his accounts he held some share in a building or loan
society worth near 305.; hit accounts were examiaed hut
no entry was found of them, and the bankrupt denied that
he had such slimes. An adjournment was asked for; and,
though nothing was heard of the shares before, they were
afterward. found among the papers in possession of Mr.
Canaan, the official assignee, having probab been smug- I
Fled there by the bankrupt They consisted of 47 shares
in the King's-cross Lan and Discount Society.
Mr. George Ilarrop deposed that he resided in Ashby-
street, Clrrkenwell. In Ihvember. 1848, he became ac-
quainted with the bankrupt, and in May following made
him an advance of 4001. Witness's wife had been a cus-
tomer at bankrupt's shop for Fevers' years, and be had fre-
quent) y asked her if they had any money to invest in loan
or building societies, as he had the opportunity of asking
such investments, and would give theca the referent*, be-
lieving them to be holiest, respectable people. He said he
could get 10 per cent. for the money, and would allow wit-
ness which would pay him vary well. On the faith of
that statement witness made the various advances. Had
he %sown the money was not so invested he would not have
lent it. He had received back none of the prindpal. no-
=bat sense Owns in the North lest Loan Society,
1261. He had paid nary; r taterst, bankrupt
bevies desired bins to Ist it nit fee two yore, be " was
seeking sway se tot"