The Express.
London, England, 1862-11-19 00:00:00

THE EXPRESS, "WEDNiSIiAit EVENING, NOVEMBER 19, 1862.

winners extra ; allowances ; the winner to be sold for 2001. 1
About half.axnile. Weights have been raised 41b in the
usual way.
Age dlb Art et lb
Little Lady 4 0 Dopocity • • -1
0
Queen of Trum 3 10 Win Hawthorn .....1 $
11
Peignoir (inc. 71b ex ) I 6 Oceswisallsw
Slingsby
lalerton
Meld of Honour
Nast Sheen 4 2 Dunooo
David Ann 4 13 Microscope
Olive &snob 2 12 WitchM Endot .... 2 2
Loonies
Pushok.lac. 7lb Si.)
Iwo 4 9 Santhal
Miss Mona 4 0 Erodes
Lord Chancellor .... S 6 cby the 'Most-
imitates 3 0 Catalpa
- .. - ..

THII Bonin &mime of seova. each-, 2 It ; 3.yr-olds, Set ;
throe, Bet whalers (matches excepted), 31b extra ; allow.
110018 the alas': to be sold for 50i. Straight run in.

tab) intelligence.

COURT OF EXCHEQUER—Nov. 18.

Sittinp at Nisi Prins at Westminster.—(Before Mr. Baron
Bramwell and a Common Jury.)
VON HARB V. WILDL—LEOTARD.

This was an action to recover 491. 17e. commission on an
engagement made at the defendant's instance for the per-
formance of Leotard at the Britannia, Motto°. The de-
fendant pleaded never indebted.
Mr. Huddleston, Q.C., and Mr. Pearce were counsel for
the plaintiff ; Mr. H. James for the defendant.
The plaintiff's evidence was that he told the defendant
hie Came were ten per cent. on the gross receipts, and it
was admitted they amounted to 4981. 17s. The defendant
denied that he made mach a contract. He paid Leotard • salary
of 2001. a week, and 201. additionalfor every performauceout
of the Alhambra ; and during this engagement he also per-
formed nightly at the Alhambra. It was not likely, therefore,
that he should have agreed to pay a per centage on the 201.
to be paid nightly to Leotard. Evidence was given on the
part of the defendant that ten per cent. on the grime
receipts was an unusual bargain, though there were in-
stances of its having been done, but that the usual per
centage varied from five to ten per cent. on the net receipts.
One of tin defendant's witnesses saw the plaintiff, and
spoke to him about his charge, and asked him if he bad not
better take 201. and settle the matter, but he declined, say-
jog, " have the entire lot or nothing." The defendant
did not authorise the offer, though he authorised something
to be done rather than go to law. The defendant's attorney
afterwards took out a summons to amend the plea and to pay
fifteen guineas into court, but it however was not done.
The gross receipts for the first three nights only amounted to
911., and after that a fresh arrangement was made by the
defendant and Mr. Lane, of the Britannia, without the
plaintiff's intervention. Defendant cleared about 1601. by
the engagement Leotard received 3201. out of the gross
receipts.
The jury returned • verdict for the plaintiff, damage*
fifteen guineas.
Mr. Huddleston asked his lordship to certify for costs.
Mr. Baron Bramwell—No. You have brought your
action for more than you were entitled to recover, and you
must take the consequences of bringing it in thewrong court.

COURT OF PROBATE AND DIVORCE.
Nov. 18.
(Before the Judge Ordinary.)
WYATT r. BOWTKR, BART.
The late Sir George Bowyer died abroad on the lot of July,
1880, leaving a will dated the 28th of April previous, by
which he made his son, Sir G. Bowyer, M.P., sole executor
and universal legatee. Sir George had not, however, taken
probate of the document.
Dr. Middleton now moved for letters of administration to
Mr. Harvey Wyatt, son and executor of the late Mr. R.
H. Wyatt, who bad lent the deceased a sum of 1,300/.
whoa he (deoeued) left England in 1815. Neither principal
nor intecest had been paid.
Sir C. Creswell granted the applicant letters of adminis-
tration as prayed.

COURT OF BA/iKRUPTOY.—Nov. 18.
(Before Mr. Commissioner Holroyd.)
IN lit POTS NORRIBON.—DIBPUTILD CLAIN ON MR MATZ.

The proceedings in this cue have recently been carried
on out of court, under the provisions of the 185th
section. By one of those provisions disputed ques-
tions as to proofs and other matters may be brought
before the court for decision in the same way
as under as ordinary bankruptcy ; and one of those ques-
tions now came on for hearing by appointment. A claim
had been admitted, tendered by Mr. Joseph W. N. Bennett,
of the firm of Magnay and Bennett, wholesale stationers, of
Queen-street, Cheapside, for 1,8791., arising out of some joint
transactions between Mr. Bennett and the bankrupt. The
claim beiog disputed, Mr. Bennett, then one of the trade
assignees, retired from hie offices, and the assignees now
brought the matter before the court.
Mr. Bagley appeared for the assignees, and Mr. E. Reed
for Mr. Bennett
_ _ —

The petition of Mr. Bennett, supported by his affidavit,
stated that the bankrupt was indebted to him 5001, on a
banker's cheque, drawn by the bankrupt on the London
Joint Stock Bank on the 21st June, 1861, and payable to the
deponent under the firm of Maguey and Bennett. An agree•
meat bad been entered into between the bankrupt and Mr.
Bennett, that the latter wee to purchase paper on their joint
account to the amount of 13,00 W. to sell again, and they
were to be jointly interested in the profit and loss. On
the 21st June the bankrupt gave Mr. Bennett the
cheque of 5004 towards his share of the purchase
money. Between that time and October, 1861, Mr.
Bennett had purchased paper to the amount of
12,543!.: but, in consequence of the remission of the
paper duty, and the admission of foreign paper, the stock
became deteriorated in value, and the transaction bad
resulted in a lose of 1,8791., of which it was alleged the
bankrupt was liable for one-half.
- - - - • -

- - .
The affidavit of the bankrupt, on the other hand, denied
almost every one of those allegations. It denied in toto the
existence of any such agreement, as was alleged by Mr.
Bennett for the purchase of paper on their joint
account. It denied that the cl eque had been handed to
Ur. Bennett in part payment of the purchase money, and
stated that it had been given to him "as an acknowledg-
ment and not to be presented," in order to enable him to
obtain a loan from the National Insurance Investment As-
sociation (the Deposit Bank) ; that tbe bankrupt had re-
peatedly applied for the return of the cheque, and had
been unable to obtain it. . _

Mr. Bennett's affidavit was aocomponied by an account
showing the loss on the piper transaction. It was con-
tended by Mr. Bagley that the account was too indefinite
in order to form the groundwork of a proof ; but the
bankrupt wholly denied any such agreement as was
Mr. E. Reed, in support of the proof, conteoded that the
affidavit of the bankrupt was a moat unwarrantable attack
on the chanicter of Mr. Bennett. It was highly desirable
that the bankrupt should be examined ; the agreement was
in his possession, but the creditor bad no means of summon-
loll him. as his residence wee not given in the affidavit.
dim Honour said he certainly ought to be present to be
cross-examined on the cootenta of his affidavit. . .

Mr. Bagley said the assignees were ready to give all the
facilities in their power, but they had no power of bringing
Mr. Morrison there, any more than they had of producing
any absconding bankrupt. Perhaps the better course would
be to send out interrogatories, as was done by the law courts
in case of persons residing abroad.
His Honour did not think it desirable to adopt that
course. Let the bankrupt be summoned iu the ordinary
way in the first instance. Meantime the question would
stand over.

Mr. Reed asked for the costa of this application. The
bankrupt had • direct interest in obtaining the exclusion of
this proof, as the surplus estate, which was expected to be
very large, would go to hire.
His Honour—Let the question of oats stand over until
the decision of the awe.

(Before Mr. Registrar Eiggina)
IN RI KBAUCIT.

The bankrupt, described as a wine merchant of Regent-
street, had recently purchased the Lord Nelson Music Hall,
in Euston-road, and had his license refused by the magis-
trates. To this he attributed hi. failure. The liabilities
are about 12,0U0/. The sitting for choice of assignees was
adjourned to the 16th of December.