The Express.
London, England, 1851-07-09 00:00:00

COURT OF QUEEN'S BENCH.—YESTERDAY.
eiTTIPOO Al' Pow AT OVILDINALL.-11•POS• LOW CADPIIIII.
LCD • SPIOCIAL JOST.
Tr z NOZTII ANIZICAS COLONIAL ASSOCIATION or lAN.
• LAND v. Mosutteoz.—Acriox For Caits.
The eater was Meng to recover the rum of 2,060 L,
_the
emmeurt eta all eta per share lama 1,023 area whisk
Mee mama} it as dektedaat's wee is the aid Marti,
1860, the date wham the ail wee wade. The &rename
pleaded payment me to am amok itlab wee spatted by
the plaintiffs; sad as to the call the reabee of the
shares, he relives the fact of he isAes andlared bit
shares after the deem a the meaty et the milk ma eller
atria of it. bat lelbee the dire fad let Mead et the
gall. This*. hod boa deamerei %mai bad been de-
ckled by the Cara Ile Queue Nab to be • bed plea. The
same dials rem sow raised upon the plea et-sever in-
debted, ad that the learned judge &redid the jury
to find a Teatmt for the plaintiffs, to which the defendant
tendered • kill of exceptions.
Lord Campbell thought a bill of exceptions gene useless, as
the defendant mi•
ght take the opinion of a court of error
upon the demurrer, which raised precisely the same point.
The defendant, however, preferred proceeding by means
of a bill of exceptions, and tendered it accordingly.
lIALLABT e._St TriVia AND OTIIIRS.
This was an action brought by the plaintiff to recover
from the defendants, as common carriers, the value of
goods delivered to them to be carried from Worcester to
Exeter, and which were lost upon the passage ; and the de:
, claration contained a second count, alleging the contract to
' have beta to carry from Bristol to Exeter. The defendants
pleaded that the good* consisted of silk, above the value of
101., and that no notice was given to them of that fact, sod
that, therefore, under the Carriers' Act, they were not
liable. The plaintiff replied that the goods were lost by
the felonious act of the terrains of the defendants. This
defence of want of notice, however, by a mistake upon the
record, appeared only to have been pleaded to the second
count. Mr. &leant Wilkins and Mr. Addison for the
plaintiff, and Mr. M. Chambers, Q.C., and Mr. lJnthank for
the defendants.
It appeared from the evidence called by the plaintiff,
that the &Midi's traveller was proceeding with a large
quantity of goods from Worcester to Exeter, and these
NUOds were packed in 12 boxes and directed to the Globe
Inn, Exeter, and safely delivered to the defendants, who
were carriers, under the name of Croly and Co. The tra-
veller himself proceeded to Exeter by train, and when he
arrived at the Globe, found his goods had arrived there,
but were still packed in • waggon, upon which was the
name of Bitch:ea, agent for Cray and Co. The plaintiff
could not. get eseseamodation at the Globe, and ultimately
1 the goods emoe taken from Hitcheock's waggon, at the
White Hatt, mai It theca apparel that one of the boxes had
been open, red pet of the Cady to the value of 401.,
bad bees ableated.
Typo as Mal of the defeatists was, that Croly and
CIA WIMP ma ammo carriers, but say the agents of the
fliblissid Ilel Company to select goods and bring
them to the seaway • and that the railway company were
theeasehle the cantersover thaw own line. And they
abed fiat there was no evidence to support the charge of
Miry.
Lea Campbell said the first question the jury would
law to drib was, whether or nut, upon the evidence,
Ctely sod Cr. lid not undertake to carry the goods safely
from Womeatar to Exeter: if they were of the& *Las
they weed glee • verdict fur the plaintiff oa the bet arta
And it wag net creditable to Cruly and CO. SO sae web a
defence as hod been attempted. But ea the weed went,
the jury mud say whether they were missed Oa the
moods were lea by the felonious ea of the arepany's
scrams he wad see redraw to bed *mom re that view.
Ile thought spa reel • ere am reemorable evacuee
Avail be gives lama the robbery was really e- tied by
the eempany's esevonts.
The jury at ease gave a verdict upon the first count for
the plaintiff for the amount claimed, but retired to consider
their verdict apes the other question.
After • long absence they returned into court and said
they could not agree upon the subject of the felony, though
they were all agreed that there bad been negligence on the
part of the railway servants.
Lord Campbell then agaia explained the law to them
to he that negligence non the part of the company
would not entitle the plaintiff' to a verdict on the second
issue. The defendants had pleaded that the Carriers Act
restricted their liability, and that as they had received no
notice thatthe goods were above the value of 101. they
were not bound to make good the loss. The plaintiff did
not reply that the company had notice, but replied that
the goods were lost through the felonious conduct of the
company's servants, whu for this purpose must be consi-
dered as the MINIM of the defendants. This plea must be
more out by the pp *end*. It was not incumbent on the
;dilater to prove the felony, but he was bound
es gimes& evidence m would lead reasonable men to he-
lime that such a Morey bad been committed, and bad been
eammittell by the defendants' servants. In the present
ease the cv ideas, was that the bus had been delivered to the
defendants promoly peeked. and that when it reached Ex-
eter it had beef -spewed and plundered, and no one could
give any mieviant as to how this had been done. 'the
jury MOM MOM to ouch a conclusion u the probabilities of
I the case seamed tajustity.
The jury the =exulted again for a short period, and
gave a verdict he this plaintitl foe the amount claimed, via.,
401. GM.

LNSOLVENT I)EBTOItS' COURT—YEsnimor.

IN NM )',.execs PATRICK Iviteott.
This insolvent, who had been connected with the Turf,
applied to be discharged. There was no opposition. The
eoronleration debts were 1,241/., and the non.consideration
debts 1,0431. Ile liad ow ing to 'inn 2,1151., including Bfiol.,
fur bets on horse races. .the insolvency had arisen from the
failure of his racing speculations. Ile had won about'
14,00 W., and his losses were about 10,000/. Ile had receives!
under the wills of his father and mother, since 1645,1
1t5,7001., and bad to pay off a charge if 5,01.10/.
ThR Chief Commissioner made some inyuirie, of the 'in-
solvent, and remarked that not oat of his creditors appeared
to
cultappeared that • bill in ;Chancery had been filed, to
which lie. Parr, the trainer, was a party, about some race
homes and a cup. The insolvent had a race horse called
Woolwich," which was worth • large sum of money.
The Chit! Commissioner said he supposed the creditors
had seen the schedule. Certain it was that not ono op-
posed. They gave theimelvea no trouble. His Honour,
in discharging the insulsent, gave him a lecture on the
nature of his schedule.