The Express.
London, England, 1851-11-21 00:00:00

COURT OF EXCHEQUER.-YESTERDAY.

TAILD C..n MAWS. Mt. Ban
PAWL Ml. BARON ALIDLIIILIO, AIM MIL Basin PLAIT.
SATAIII S. BLANS-.ACTIUN AGAINST AN AITONICET

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rou AN ALLEGED BREACH Or CONTRACT.
This was an action which had been brought against Mr.
Francis Blake, an attorney, by an auctioneer, to recover
compensation in damages fur an alleged breach of contract.
Upon the trial of the cause the verdict was found for the
defendant. The circumstances of tho case were these :
It appeared that Mr. Savage and a Mr. Storey had been
sued for having made an illegal distress. A verdict was
found against Savage end Storey, and the damages and
costs amounted to 1101. The defendants not being able to
pay this sum, were arrested and put in prison. The 1101.,
according to the plaintiff's statement, was raised by a sub-
scription amongst Savage's friends, and placed in the hands
of a Mr. Cane, who went to Mr. Blake with the money, in
order, as the plaintiff contended, to procure his discharge.
Upon depositing the money with Mr. Blake, Mr. Caneasked
for a memorandum, but that gentleman replied that that was
unnecessary, as his word was enough, he being A 1 in the
profession. Mr. Blake did not, it appeartd, apply the
money either to the release of Savage or Storey, but kept
601. of it for en old hill of coats which Storey owed him,
and the can r 50/. Mr. Blake alleged had been supplied to
Mr. Storey to maintain him in prison, where both he and
Savage are at the present time.
In the course of this term Mr. E. James, Q.C., obtained
rule nisi for a new trial, on the pound that the Lord
Chief Baron had misdirected the jury in telling them that
the contract between Mr. Cane and Mr. Blake was a con-
tract that the 110/. should be applied towards releasing
both Savage end Storey, and, therefore, both ought to have
sued.

Mr. Wills ()Ir. Lewis was with him) now showed cause
against the rule. and contended that it was clear that Mr.
Cane had intended that the money should be applied to the
release of both Storey and Savage from prison. Mr. Savage
had been imprisoned three months before Mr. Storey was
arrested, and during that time no attempt was made to get
bins oat of custody. It appeared from the eroarezamina.
Boa of Mr. Canc. that Mr. Blake had obtained • bill of
ezehange from Mr. Storey in respect of this matter, and
when Savage was asked whether he would have anything
to de with the bill, he refused. This circumstance clearly
showed that Mr. Cane bad no intention that the money
should be applied for the benefit of Savage alone.
The Lord Chief Baron acid the court wished to hear what
Mr. James had to any with reference to this evidence, aa
they were of opinion that according to Cane's evidence, the
money was not intended to be applied to the use of Savage
alone.

Mr. E. James said, when Mr. Cane first went to Mr.
Blake, he had never seen Storey, and he submitted that,
however the proceedings of Mr. Blake, and the payment of
the money might in point of law inure to the benefit, both
of Saysgo and Storey, yet the original intention with
which Mr. tune went to Mr. Blake waa to obtain Savages
release only.
The Court said they thought the rule ought to be dis-
charged, as it was clear that the money was not intended to
be applied to the benefit of Savage only, and he was there-
' fore not in a position to sue &hum—Rule discharged.

SHERIFFS COURT.—Yr.sruiDAT.
1117ualt MS. W. &.C1121.1, Dawn trarr...Warraws.
kilitalSON tr. COUNT IiEIfiNTLOW CIIIIIINEL AND ANO-

21111L-EXTILA OKI/MARY CASIOF AISAVLT.

This was an action brought in the Court of Exchequer
to recover compensation in damages fur an assault. Judg-
ment was suffered to go by default, and the present inquiry
was simply to ascertain the amount of damages.
Mr. Clarkson appeared for the plaintiff, and, in opening
the case to the jury, the learned gentleman entered into a
statement of the !acts, which are given below in the evi-
dence of the plaintiff. Re explained that the principal dc-
feudant iu the case was Count Alfred Reventlow Criminel,
private secretary to the late Count Reventlow, the Danish
ambassador at the court of St. James's; the other defendant

being butler in the count's establisluaent. The plaintiff
was a middle-aged woman, a widow, and bad been en-
gaged in the service of the families of noblemen and gentle-
men ; and, at the time of this transaction, was in the service
of the Countess Iteventlow so cook. Adverting to the recent
law, by which the parties to a suit can give evidence,
the learned counsel said it was a most important and •
beneficial alteration, bat for which he should not have been
I able to lay properly before • jury the ease of this poor
woman. Ile was sorreryy that the distinguished name of the
late Danish Ambasmder was brought into the case, for he
was a person well and deservedly esteemed sad respected in
this country, but he regretted to have to inform the jury
that a short time after the transaction out of which this
aisles more, Count Reventlow was band dead in his room,
at Obegow. He regretted that the family had angered this
mos se be brought beforea jury, and the facts would, he
thweght, warrant the jury ia giving not vindictive but fair
and reasonable damages.
Asa Hanison—ln the mouth of July last I was engaged
by the Countess Neventlow, wife of the Danish AmMint-
doe, at No. 2, Wilton-terrace. Canal Reventlow Crimi-
net was the Secretary of Legation. After I had been
there ail or seven weeks I left of my own ac-
cord. I was away eight or aim days, and whilst
I was away the counter sent fur me daily. In con-
sequence of her roomy_ I returned to her service at the
latter end of August. ate was Most le go to Scotland,
but she said she couldn't go unless I retuned. As I re-
turned to the wise ea the Friday, the moan and meame
started ion Sessiesed en the Saturday. Bakes she west the
meneess called me up to her rem and Mid soe that she
should egad wee le lees lees emesai, sltieh I was to
prepare fee the establishment!, ea le SO Mies the badm-
an's% bills. I was to do what I mkt in dm we —I was
mg. Two boars of game were mat bus —lf the
OM the servants had sone—two braes of grouse were
melted for wain ; the rest was taken by Batley, the
bailor. Whoa the second boa man it was the same. I

raid7i and said a should not be taken
Old sf Me and told him that when the counter re-
tained I shoal& be called to an account, as the bills were
ides ea just as ever. Oa Use 3rd of October Bottley came
to see in the kitchen and brought young Count Christian
Itoventlow, who was but 13 years old, with him. By Bott-
ley's instrisidams, the child ordered me to leave the neat
day. I said I should not leave for anybody in the
holm •' that I was engaged by the countess, and
that the Neater was the only penon I would
take a discharge from. Afterwards I spoke to Bottley
dust ebb Ha said it was no use, either I must Ince or
be wield on the following day. Count Christian told me
ea the kitchen stairs that I must go, as I had behaved ill